The Adelaide Development Company (ADC) has applied for a six-month extension for the planned tower with ground-floor shops, behind the vacant 109-year-old Gawler Chambers on the corner of North Terrace and Gawler Place.

The plan, which proposes retaining the historic Gawler Chambers façade, was first approved in May 2012 by the former Development Assessment Commission, with substantial construction works initially required to commence by May 2015.

However, no work has started on the site to date, and the ADC has been granted seven time extensions since the development was first approved a decade ago.

The state heritage listed Gawler Chambers on North Terrace. Photo: Tony Lewis/InDaily

Planning consent for the development expired again on July 31 this year.

The ADC says it is still in confidential negotiations with a “major interstate investor” to tenant the office tower, and cancelling the development would put them at “risk of losing the commitment and progress that has been inputted to date”.

The company’s latest application for a six-month extension until January 31, 2023, will be assessed by the State Commission Assessment Panel (SCAP) on Wednesday.

But government planner Gabrielle McMahon has recommended the SCAP decline the latest request, arguing the development would be assessed differently now then it was a decade ago.

“Significant time has now passed since the original Planning Consent was granted and there has been a legislative reform of the planning system with the introduction of the Planning Development and Infrastructure Act, 2016 and the Planning and Design Code as the relevant assessment tool,” McMahon wrote in her recommendation report to the SCAP.

“In addition, new building techniques, building code requirements and environmental sustainability measures have developed over this time which would undoubtably result in a fundamental rethink of the proposal to meet current building standards.

“Consequently, there is no guarantee that this development will be constructed in its approved form, even if this EOT (extension of time) is granted.”

A side-by-side of the Gawler Chambers and the proposed office tower development. Left photo: Tony Lewis/InDaily. Right image: Matthews Architects/ADC

McMahon also argued the state’s planning system “seeks the expeditious assessment and implementation of development projects, considered against contemporary policies reflective of current standards”.

She said it would be “considered likely that there would be a different design solution for a development assessed on the site undertaken in today’s planning and building legislation”.

“Given the time that has passed and legislative changes that have occurred, it is recommended that the proposed EOT should not be supported.”

But the ADC argues there have been “no material changes” to the Planning and Design Code that would alter the currently approved development.

In a July 14 letter to the SCAP outlining the merits of the latest extension request, Tom Simpson, ADC manager of developments, said the state’s planning laws and regulations have “no limit to the number of extensions that can be granted to a development authorisation”.

“The Zone policy is very similar to the old Development Plan Zone… and the general intent for multi-level, mixed use buildings; adaptive reuse of heritage buildings; active/vibrant street frontages and high-quality development outcomes is still valid,” Simpson said.

“In the post pandemic era it is in the public interest that the development be completed, and the state heritage building is adapted and renovated to ensure its long-term protection and contribution to the City of Adelaide and the enhancement of the North Terrace cultural boulevard.”

A planning image of the 15-level office tower long mooted for the Gawler Chamber. Image: ADC/Matthews Architects

Simpson said the ADC was approached in October 2021 by Tenancy Solutions, who have been engaged by the Adelaide Economic Development Agency to “assist a major interstate investor and partner company in identifying a suitable premises within the City of Adelaide”.

“This investment group that expressed interest in Gawler Chambers remains in confidential discussions together with the agents and representatives of both parties,” Simpson wrote.

“Fundamental to this interest is the current Development Authorisation remaining operative.

“The extension of time will aid in finalising our negotiations with this investment group interested in the redevelopment of Gawler Chambers and minimise the risk of losing the commitments and progress that has been inputted to date.”

The ADC has previously cited problems with finding an anchor tenant for the building along with the financial impact of COVID-19 as reasons for the construction start delay.

McMahon acknowledged the pandemic’s financial impact and said it was a relevant factor in her assessment of the extension request.

“The pandemic and difficult investment climate over the last few years is acknowledged and has resulted in a relaxation of operative timeframes for many developments,” McMahon wrote to the SCAP.

“The economic difficulties experienced over recent years, combined with added financial pressures in conserving and adapting a State Heritage place are noted and are still considered to be a relevant factor in this assessment and will be weighed up against all other relevant factors.”

ADC’s request for another extension was referred to Heritage SA and the City of Adelaide.

Heritage SA submitted it was “reasonable” to grant “one final extension” to the developers given negotiations for an anchor tenant remain active.

However, the agency said planning consent should be revoked if these talks fall over.

“Should a successful outcome to these current negotiations not be realised, there would be good reason I believe to retire this 10-year old consent,” Heritage SA submitted.

“In addition to the shift in the planning policy, the approved scheme involves major intervention into the fabric of the place.

“It includes total internal and partial external demolition (the southern wall), and the considerable opening-up of the retained North Terrace and Gawler Place facades, reducing the ground floor street elevations to a series of large portals and brick piers, with the loss of the rich architectural detail and articulation provided by the existing pedestrian-level fenestration, brickwork detailing and decorative inserts.

“It would be hoped that a fresh take on the possibilities for this important heritage landmark, including approaches to adaptive re-use of heritage buildings and advances in the technical possibilities for structural remediation, might give rise to a more favourable heritage outcome.”

The City of Adelaide, which did not object to the project when it was first approved in 2012, submitted that the office building has an approved floor area that encroaches over North Terrace and Gawler Place and would be in breach of a new Council encroachment policy.

The Council did not object to the developer’s request for an extension but said: “If this application was lodged now, the building floor area encroachment would not be supported.”

The Gawler Chambers are reported to have been vacant since 2004. The brickwork building was constructed from 1913-14 and has been owned by the ADC since 1945.

The Chambers were added to the state heritage register in 1991.