A high-powered Brisbane couple have lost their bid to stop a celebrity architect from building a block towering over their multi-million dollar Art Deco home.
Lawyer Daniel Clarry, 39, and wife Sarah, a lawyer and director of Rio Tinto, took their case to the Court of Appeal, which gave the go-ahead for construction on Friday with the Planning and Environment Court and Brisbane City Council.
The five-storey apartment building from 4005 Properties Pty Ltd, a company co-owned by architect Joe Adsett and developer Craig Purdy, will be built on Maxwell St in the inner-city suburb of New Farm, next to Clarry’s home worth $3.7 million. built in 1937.
Mr and Mrs Clarry argued that the apartment complex, called Arcilla, was too large for the quiet residential street and that the number of bedrooms and parking spaces was excessive.
The project will include eight apartments – two with four bedrooms and six with three bedrooms – a parking garage, a gym, a swimming pool and a communal lounge area.
Lawyer Daniel Clarry and his wife Sarah (pictured), a barrister and director, have lost a legal appeal to prevent the development of a luxury apartment complex next to their home in New Farm
‘Arcilla’, a ‘multi-residential concept’ at Maxwell Street, New Farm by architect Joe Adsett and developer Craig Purdy was approved by Brisbane City Council in September 2021
Mr and Mrs Clarry argued that the development, particularly the basement parking garage, would damage their 1937 Art Deco home, which they bought for $3.7 million in 2020.
The Maxwell Street site is in the low to medium density residential area, but the previous Planning and Environment Court decision noted that the house was already overlooked by multi-storey apartment blocks to the north west.
The Court of Appeal decision noted that low housing supply played a role in the decision, with an economic analyst showing that there was strong demand for apartments in this area in particular.
“The primary judge accepted the evidence… which showed that there was strong residential demand for units and apartments in New Farm and that the proposed development was consistent with the economic need for housing in New Farm.”
The decision stated that “both a community need and an economic need exist for the proposed development.”
In addressing Mr and Mrs Clarry’s concerns, the judgment noted a ‘consistent theme: the proposed development was overbearing, incompatible with the character of the street and not in line with community expectations given its zoning and destination thereof’.
But the court ruled that the complaints about the size and amenity of the building were ‘not reasonable’.
‘(The development) will replace a dated and nondescript four-storey apartment building with a larger, well-designed five-storey apartment building, on a residential street with many large apartment buildings and other residential buildings.’
Although that part of the street is classified as low to moderate residential under Brisbane City Council planning regulations, much of the surrounding area is medium density, allowing for larger developments.
Mr Adsett and Mr Purdy bought the block for $4 million, with the project aimed at wealthy buyers interested in the prime location close to the city, New Farm Park, Fortitude Valley’s restaurants and bars and the newly built Howard Smith Wharves.
High-profile architect Joe Adsett previously appeared on season nine of Grand Designs Australia and designed Botanic New Farm in the same suburb as Arcilla
Mr Adsett designed the five-storey complex, with six three-bedroom apartments and two four-bedroom apartments, after he and developer Craig Purdy paid $4 million for the site.
Mr Adsett previously appeared in season nine of Grand Designs Australia, which featured his childhood home, Boomerang House, in the Brisbane suburb of Ascot.
He previously designed another luxury apartment complex, Botanic New Farm, near Arcilla and also in collaboration with Mr Purdy.
His firm, Joe Adsett Architects, posted on Instagram upon Arcilla’s announcement: “The building’s unique design is inspired by the character of the Spanish Mission architectural styles that permeate the local streets of New Farm.”