THE judge walked in and delivered four words: “The appeal is dismissed.”
It was exactly what a group of Cleveland residents wanted to hear.
For almost two years, the Anti-Funeral Parlour Group has been campaigning against a proposal to build a funeral home on the corner of Bloomfield and Ocean streets.
Alex Gow Funerals launched an appeal in the Planning and Environment Court last year after Redland councillors voted unanimously to reject the company’s development application.
Members of the Anti-Funeral Parlour Group, who intensively lobbied the council ahead of the decision, have consistently argued that the proposal breached the planning scheme, would harm the peacefulness of the area and could affect property values.
Such was the passion of the group that about two dozen private citizens were willing to support the council in court as “co-respondents”.
Alex Gow Funerals maintained the proposed funeral parlour would fulfil a strong community need and was designed to fit into its surroundings.
Director Alistair Gow said funeral-goers appreciated calm surroundings in their time of grief.
While Judge Alan Wilson acknowledged Mr Gow was trying to be a good neighbour, he said the proposal would introduce a commercial enterprise onto a site zoned for a church or other place of worship.
The parlour would change the character of the area in a “distinctive and adverse way”, he said in his written judgment.
Neighbouring resident Christine Ford, who was part of the Anti-Funeral Parlour Group and one of the co-respondents in court, said the decision was “fantastic” as the group had worked so hard over the past two years.
“We have nothing against funeral parlours,” she said.
“It was just totally inappropriate in an established residential area.”
Resident and co-respondent Tony Murphy said people who moved into the area did not know a funeral parlour would be built on the site and the issue had taken its told on some residents’ health.
He said residents had already spent $37,000 on the battle when Division 3 Councillor Debra Henry put them in touch with local environmentalist Simon Baltais who helped them find a barrister.
Cr Henry, who drew praise from the group for her support, said the latest judgment gave her confidence the council could defend its planning rules as it prepared for several other court appeals with developers who failed to win approval for projects.
She said the judge had placed importance on neighbourhood "amenity".
Mr Gow said he was “very disappointed” with the result as the Redlands did not have its own funeral parlour with a chapel and office space. He would not say what he would do with the land or if he would appeal the verdict.
“We’re consulting with our legal people,” Mr Gow said. “I will say more later.”
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