THE controversial $50 million Oscar Barossa hotel proposal at Seppeltsfield has cleared another legal hurdle towards becoming a reality.
The move follows a judgment handed down in the Environment, Resources and Development (ERD) Court on Monday.
The proposal, which is before Light Regional Council, seeks to build a 12-storey, six-star luxury hotel, with 71 rooms, ancillary dining, welcome lounge, bars, viewing deck, day spa, swimming pool and gym.
On Monday, the ERD court handed down its decision in relation to a review of council’s characterisation of the development application as Category 2 (merit).
The legal battle was initiated by four immediate residents to the proposed development site and involved six hearings, at an estimated cost of more than $80,000 to the residents, and $43,000 to council.
Council strategy and development general manager Craig Doyle said council had decided the proposal was a form of development assigned to Category 2 (merit) under both council’s development plan and the regulations.
With Category 2 (merit) assessments, only owners or occupiers of adjacent land are entitled to be notified in relation to the development. There are also no appeal rights.
“The nature of the ERD Court review was to identify any procedural error on the part of the council in assessing the development under the Development Act 1993 and, in particular, in assessing the development as a Category 2 (merit) development,” he said.
“In its detailed decision, the ERD Court has held that the proposed development is properly characterised as ‘tourist accommodation with ancillary uses’ and is a Category 2 (merit) development for public notification purposes, upholding the council’s position.
“The application itself has not yet been determined, with council postponing the assessment pending the ERD Court’s decision. (Monday’s) decision enables council to progress its assessment of the application accordingly.”
On Monday, the team behind the hotel said it was pleased with the judgment.
“We have been overwhelmed by the public and industry support for this iconic tourism development and we are extremely confident that this destination will be a game-changer for Australian regional tourism,” project spokesman Toby Yap said.
“The new six-star accommodation will attract new markets to the region and drive growth in the domestic and international visitor economy, while creating an additional 363 construction jobs and 350 ongoing jobs for the region once operational.”
He said the hotel was “expected to bring an additional $90 million in tourism expenditure to the region over the first five years”.
“The team have been in talks with leading 'intranational' hoteliers and look forward to announcing the operator soon,” Mr Yap said.
“We are 100 per cent committed to this $50 million investment in South Australia.”
Barossa Region Residents Association president James Lindner said it was “a massive attack on democratic process” to assess such a development as the Oscar as a Category 2 on merit.
“It has bypassed community and taken away their ability for meaningful engagement and appeal,” he told The Bunyip.
“The Barossa’s economy is and always has been driven by the wine brand, which is underwritten by its agricultural, viticultural and natural landscapes. Anything that threatens the integrity of Brand Barossa is fundamentally threatening its economic driver.
“It seems logical that those who designed, developed and protected that brand should be included in any changes that threaten the brand.”
It is understood there are 11 neighbouring properties that will be given the opportunity to provide comment during the project’s assessment process.
The Oscar hotel would an addition to the historic Seppeltsfield Winery complex and is being funded and driven by a consortium of investors.
