Legislation introduced as a matter of urgency to fix problem in the Territory’s planning scheme

THE NT government has sensationally introduced urgent legislation to fix a “defect” in its planning laws despite an ongoing Supreme Court challenge by a Territory developer against a ministerial decision

THE NT government has sensationally introduced urgent legislation to fix a “defect” in its planning laws despite an ongoing Supreme Court challenge by a Territory developer against a ministerial decision.

Infrastructure and Planning Minister Eva Lawler on Tuesday afternoon introduced changes to the Planning Act as a matter of urgency to “protect the validity of future decisions by a Minister in relation to planning scheme amendments”.

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The law change would also apply specifically to the Parklands development at Blake St, The Gardens, to “put beyond doubt the validity of the decision by the Minister to refuse a request to rezone the land at 16 and 25 Blake Street”.

The planning law defect was discovered after Territory developer Makrylos Group took the NT government to the Supreme Court after its proposed development was rejected in July 2020.

The Makrylos Group has argued the government had not provided reasons for rejecting the proposed development.

The developer’s legal counsel, Ralph Bonig of Finlaysons, said he was “astounded” that the Minister would resort to introducing urgent legislation “in the face of a current Supreme Court action”.

The proposed Parklands development at Blake St in the Gardens was rejected in July 2020. Picture: ARCHIDIOM

“We will need to examine whether or not, the decision to introduce the amendments (specific to Blake St) is an abuse of a Minister’s power and whether or not further legal action will need to be taken,” he said.

“Even if it is within the minister’s power to take this course of action I find it unfathomable that she would do so before the current proceedings are finalised.”

Ms Lawler said the urgent law change was necessary as the challenge before the Supreme Court to quash her decision, if successful, would create “uncertainty for the residents of the community given it has already participated in a lengthy consultation process, which informed by decision”.

“Projects that bring economic value to the Northern Territory should align with community expectations,” she said.

The Opposition slammed the laws as another blow to business, calling it “outrageous”.

“It is outrageous, that we need to change the law every time a Labor minister stuffs up a political decision,” Opposition Planning and Infrastructure spokesman Gerard Maley said.

“The rule of law means no one, including the NT government, is above the law.

“The Minister’s excuse for the introduction of urgent legislation is to fix a ‘defect’ in the law. The law is not defective, the Minister’s anti-business attitude is.”

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The Parklands development, proposed by Territory builder Makrylos Group, covers 5.23ha of land previously used as an old telecommunications site on Blake Street and had been in the works since 2015.

The development, tweaked in early 2019 as per government recommendations, went through a Territory Planning Commission public hearing into its rezoning application in February 2020.

It was rejected by Minister Eva Lawler just days before the government went into caretaker mode last year.