Following a two-year court battle with Australian Country Choice, a judge has ruled that Total Fusion Morningside may proceed with opening the largest gym complex in the industrial area of East Brisbane.
In her decision, Judge Nicole Kefford turned down the appeal of ACC despite gaining support from a town planning expert. The 5,577-square-metre fitness complex is within the new recreation and leisure precinct Rivermakers, owned by mogul Balfour Irvine. Rivermakers is 500 metres away from the ACC’s facilities.
ACC’s owner, the billionaire Trevor Lee, has lobbied against the development following the fallout of his long friendship with Irvine. Lee insisted that the gym was not appropriate for an industrial precinct.
Judge Kefford noted that ACC had town planner Greg Ovenden on retainer, who tried to convince Deputy Premier and Planning Minister Steven Miles to establish a Temporary Local Planning Instrument (TLPI) for the Morningside location.
However, the judge said that Rivermakers’ development was not inconsistent with the TLPI. She also didn’t have any confidence in Mr Ovenden “to express objective opinions about the appropriateness of the proposed development,” as the town planner.
Judge Kefford gave Total Fusion Morningside a two-year condition to operate as a gym with only 300 patrons at a time. She said that after two years, the gym’s building must be reverted for industrial use, which would support the workers in the area.
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