NTCAT knocks back The Gardens apartment project

It’s third-time unlucky for a Darwin developer who wants to build two apartment blocks in a leafy suburb, but he’s vowed to push ahead. Read why it’s so controversial.

A plan to build a multi-storey apartment block in a leafy inner-Darwin suburb has been rejected for a third time.

Developer Kalhmera Pty Ltd wants to build Elysium Green, a seven-storey, 101-unit apartment comprising two towers at 4 Blake St, The Gardens, against the objections of residents.

The NT Civil and Administrative Tribunal this month rejected approvals granted by the Development Consent Authority in 2021.

But NTCAT’s determination contained good and bad news for both the developer and the residents opposed to the project.

On multiple pages residents’ objections were validated with NTCAT stating the DCA’s August 2021 determination was revoked.

It stated the omission by the DCA around the project’s amenity was a “manifest error”.

The Gardens' residents are fighting a seven-storey development in their suburb. Picture: (A) manda Parkinson

The developer would have been heartened by NTCAT’s confirmation he had complied with the technical requirements of the SD46 zoning and the project’s description as a “landmark development”.

The report describes the project as “an excellent initiative” and as “attractive, interesting and of good quality”.

It is the third time the proposal has been knocked back by NTCAT and both sides of the proposal have vowed to continue fighting to get the outcome they want.

Hugh Bradley, a spokesman for People for Planning which has led the campaign against the Elysium Green, called on the developer to help end the impasse by engaging with residents who object to the tower project.

“I think the developer’s spent a lot of money to date and he’ll need to find a way to develop the land in the future and his options are to find another way to go ahead,” Mr Bradley said.

“Planning for People is calling on him to consider talking with us about what might be acceptable to the community.”

An earlier version of Elysium Green before a couple of levels were cut from the top. Architects impressions: ARCHIDIOM DESIGN

Developer Michael Makrylos said the “landmark” declaration by NTCAT was significant and that the finding against the project was “an error of law”.

“Of course we are going to continue,” he said. “The project will enhance the amenity of The Gardens because it has so much green space.”

NTCAT’s latest ruling follows a long sage which began when Makrylos first submitted a development a proposal to develop 150 units at the site in 2016.

Elysium Green towers have been subject to two NT Civil and Administrative Tribunal reviews, a Supreme Court decision on whether the development was a “landmark”, and a push by the NT Government to allow the Planning Minister to unilaterally reject development applications.

The proposal includes open spaces, Indigenous artwork, a public cafe, peacock coop, sensory garden, playground and a community herb garden.”