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A high-powered Brisbane couple have lost their bid to stop a celebrity architect building a unit block towering over their multi-million dollar art deco home.
Barrister Daniel Clarry, 39, and wife Sarah, a lawyer and Rio Tinto executive, took their case to the Court of Appeal, which on Friday agreed with the Planning and Environment Court and Brisbane City Council to give the go-ahead for construction.
The five-storey apartment building by 4005 Properties Pty Ltd, a company co-owned by architect Joe Adsett and developer Craig Purdy, is to be built in Maxwell St in the inner-city suburb of New Farm next to Clarry’s home at 3, 7 million dollars. built in 1937.
Sir. and Mrs Clarry argued that the block of flats, called Arcilla, was too large in scale for the quiet residential road and the number of bedrooms and parking spaces it included was too large.
The project will have eight apartments – two with four bedrooms and six with three bedrooms – a basement car park, gym, swimming pool and communal lounge.
Barrister Daniel Clarry and his wife Sarah (pictured), a solicitor and director, have lost a legal appeal to prevent a luxury apartment building next to their home in New Farm
‘Arcilla’, a ‘multi-residential concept’ in Maxwell Street, New Farm by architect Joe Adsett and developer Craig Purdy was approved by Brisbane City Council in September 2021
Sir. and Mrs Clarry claimed the development, particularly its basement parking, would damage their 1937 Art Deco house, which they bought in 2020 for $3.7 million.
The Maxwell Street site is zoned low-medium density residential, but the previous decision by the Planning and Environment Court noted that the house was already overlooked by multi-storey blocks of flats to the north-west.
The Court of Appeal decision noted that the low supply of housing played a role in the decision, and an economic analyst gave evidence that the area in particular had a high demand for apartments.
“The primary judge accepted the evidence … that there was strong housing demand for units and flats in New Farm and the proposed development was consistent with the economic need for housing in New Farm.”
The ruling said that “there is both a community need and an economic need for the proposed development”.
Addressing Mr and Mrs Clarry’s concerns, the judgment noted a “consistent theme the proposed development was overbearing, inconsistent with the character of the street and inconsistent with community expectations given its zoning and designation”.
But the court found that the complaints about the building’s scale and facilities were ‘not reasonable’.
‘(The development) will replace a dated and unremarkable four-storey apartment building with a larger, well-designed five-storey apartment building in a residential street with many large apartment buildings and other residential properties.’
While that part of the street is low-medium development under Brisbane City Council planning regulations, much of the surrounding area is medium density, allowing for larger developments.
Sir. Adsett and Mr. Purdy bought the block for $4 million with the project set to target wealthy buyers interested in the prime location close to the city, New Farm Park, the restaurants and bars of Fortitude Valley and the newly built Howard Smith Wharves.
High-profile architect Joe Adsett previously appeared on season nine of Grand Designs Australia, designing Botanic New Farm in the same suburb as Arcilla
Sir. Adsett designed the five-storey development with six three-bedroom apartments and two four-bedroom apartments after he and developer Craig Purdy paid $4 million for the site
Sir. Adsett previously appeared in season nine of Grand Designs Australia, which featured his family home, Boomerang House, in the inner Brisbane suburb of Ascot.
He has previously designed another luxury apartment complex, Botanic New Farm, close to Arcilla and also in collaboration with Mr. Purdy.
His firm, Joe Adsett Architects, wrote on Instagram when announcing Arcilla: ‘The unique design of the building draws inspiration from the character of Spanish Mission architectural styles which permeate the local streets of New Farm.’