Seven premium townhouses in Highgate Hill, Brisbane, remain empty more than five years after they were first listed, amid a planning court dispute between their owner Trilogy Private and Brisbane City Council over flood levels. The homes appear largely finished but owners cannot move in while they await court approval of changes; the council says some units, the driveway and visitor parking are below minimum flood heights.
The project, originally marketed as Tree Haus, went on the market in 2020 with agents asking $1.25 million. A year later the builder defaulted on its mortgage and the investment fund Trilogy Private took over. The seven triple-storey units and a retail space at 45 Gladstone Road now sit empty, with some finishing work incomplete. The communal decks are covered in pine needles and some timber floorboards are soft; paint cans remain stacked in the shopfront.
At a planning court hearing on 16 October, Judge Michael Williamson KC gave the council until 2 November to tell Trilogy if it still opposes the changes. The matter will be reviewed on 6 November.
The council has argued that some units, the driveway and visitor parking are below minimum flood heights and disagrees with modifications that have already been built. Trilogy responds that the habitable floor levels are generally in accordance with approved plans and the project was certified by a building certifier. Town planner Ben Russell said in an affidavit that the parking heights had been approved by a flood expert.
A Trilogy spokesperson said the company's primary objective was to complete the project and let purchasers move in. “The homes are now built and practical completion has been achieved,” they said. “Our focus is on finalising the remaining planning and administrative steps needed so settlements can proceed.” They said they could not go into detail while the matter was before the court, and the council also declined to comment, referencing the court matter.
Analysis
Why This Matters
- More than half a decade after the townhouses were marketed, purchasers are still unable to move in and the prominent site remains vacant.
- The court case will determine whether the already-built development must be altered to meet council flood standards, with implications for how planning disputes over constructed modifications are resolved.
- The ongoing dispute ties up capital and delays the return of the site to productive use.
Background
The original plans were approved by the planning court in 2019 after the council initially denied a material change of use in 2018. The builder defaulted on its mortgage in 2021, forcing the investment fund Trilogy Private to take over. The project, proposed as Tree Haus, includes seven triple-storey units on a triple block in Highgate Hill, an inner-south Brisbane suburb. The council has objected to the built modifications on flood height grounds.
Key Perspectives
Brisbane City Council: Argues that some units, the driveway and visitor parking are below minimum flood heights and disagrees with the modifications that have already been built.
Trilogy Private: Maintains that the habitable floor levels are generally in accordance with approved plans and that the project was certified by a building certifier.
Town planner Ben Russell Said the parking heights had been approved by a flood expert, supporting the developer's position.
What to Watch
- The council's response to the court by 2 November, indicating whether it remains opposed to the built changes.
- The court review on 6 November, which could set a timeline for resolution.
- Whether the purchasers will finally be able to settle and move in if approval is granted.
Checked
12 claims in this story checked against 1 source: 12 supported.
Show each claim
- SupportedThe Highgate Hill townhouses await court approval after more than five years of delays.The Age - Latest News: “Highgate Hill townhouses await court approval after half a decade of delays.”
- SupportedTrilogy Private and Brisbane City Council differ over flood-height changes.The Age - Latest News: “Trilogy Private – the fund – locked in a planning court fight with Brisbane City Council.”
- SupportedSeven premium townhouses in Highgate Hill remain empty more than five years after going on the market.The Age - Latest News: “A triple block of premium Highgate Hill townhouses could finally be finished more than half a decade after going on the market.”
- SupportedOwners cannot move into the homes while they await planning-court approval.The Age - Latest News: “owners are still unable to move into the seemingly complete homes while they await approval through the planning court.”
- SupportedThe project was marketed as Tree Haus in 2020, with agents asking $1.25 million.The Age - Latest News: “The project hit the market in 2020 as Tree Haus, with agents asking for $1.25m”
- SupportedThe builder defaulted on its mortgage in 2021, and Trilogy Private took over the project.The Age - Latest News: “the seven triple-storey units have sat almost finished and empty for years after an investment fund was forced to take over the project when its builder defaulted on its mortgage in 2021.”
- SupportedThe council says some units, the driveway and visitor parking are below minimum flood heights, and it has not agreed to the changes already built.The Age - Latest News: “The council argued some of the units, and the driveway and visitor parking, were below minimum flood heights and are yet to agree with the changes, which have already been built.”
- SupportedAt the October 16 hearing, Judge Michael Williamson KC gave the council until November 2 to say whether it remained opposed; the matter is to be reviewed on November 6.The Age - Latest News: “At a hearing on October 16, Judge Michael Williamson KC gave the council until November 2 to tell Trilogy if it remained opposed to the townhouses. The matter will be reviewed on November 6.”
- SupportedTrilogy says the habitable floor levels are generally in accordance with approved plans and the project was signed off by a building certifier.The Age - Latest News: “But Trilogy said the habitable floor levels were “generally in accordance with the approved plans”, and the whole project had been ticked off by a building certifier.”
- SupportedTown planner Ben Russell said in an affidavit that a flood expert had approved the parking heights.The Age - Latest News: “In his affidavit, town planner Ben Russell said the parking heights had been approved by a flood expert.”
- SupportedA Trilogy spokesperson said, “The homes are now built and practical completion has been achieved.”The Age - Latest News: “A Trilogy spokesperson said the company’s primary objective was to complete the project and get the purchasers in. “The homes are now built and practical completion has been achieved,” they said.”
- SupportedA Trilogy spokesperson said, “Our focus is on finalising the remaining planning and administrative steps needed so settlements can proceed.”The Age - Latest News: ““Our focus is on finalising the remaining planning and administrative steps needed so settlements can proceed.””