Gorge Hotel development proposal greenlit nine years later
It has been nine years since the Gorge Hotel development was first proposed, but despite first gaining planning approval in 2015 it has been stuck in litigation since.
The $50 million development in Launceston has been held up by community groups and local residents.
It has finally been greenlit … again.
In 2015, JAC Group described the hotel as offering “magnificent waterfront views”.
It was to be positioned near Launceston’s two most popular tourist attractions: Penny Royal and Cataract Gorge and would climb nine-storeys high and feature 145-rooms.
Launceston City Council approved the development in 2019. However, Resource Management and Planning Appeal Tribunal put the breaks on after an appeal by Susan Cai.
The council prepared a planning scheme amendment allowing for greater maximum height. The proponent was then asked to reapply for a construction licence. It wasn’t until 2022, that council approved the second development application but again an appeal was launched by Cai.
The Tasmanian Civil and Administrative Tribunal (TASCAT) overturned the appeal, however, Cai took her case to the Supreme Court in August last year.
Cai argued that the Tribunal erred in its decision that retail facilities, a function centre, and the height of the hotel, were “ancillary uses” that would contribute to or promote visitor accommodation.
Council for JAC Group counter-argued that there was “no mandatory test” to determine whether the hotel features were “ancillary” for the purpose of providing visitor accommodation.
TASCAT dismissed Cai’s appeal.
“I cannot detect any error of law in the Tribunal’s approach. It did not find that the question of the classification of the ancillary uses was ‘distinct’ from the question of their direct association with the primary use and their being a subservient part of that use,” the decision read.
Jonathan Jackson, 19th March 2024
