NewsBite

Urgent planning laws impacting Parklands development already in jeopardy

EMERGENCY planning law changes pushed through by the government could already be in jeopardy, with a potential legal challenge on the horizon

Housing market boom: Which suburbs are the hottest?

EMERGENCY planning law changes pushed through by the NT government to firm up its chances in an ongoing Supreme Court matter could already be in jeopardy, with a potential legal challenge on the horizon.

The government, without the opposition’s support, on Thursday passed laws that make it so ministerial decisions on rezoning decisions cannot be challenged based on the merit of the reasons given.

MORE TOP NEWS

NT govt’s urgent planning law changes ‘unusual’ for specifiying validity of one decision academic says

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

Developer vs NT government legal stoush over The Gardens Parklands rezoning rejection hits court

Planning Minister Eva Lawler at NT Parliament house.
Planning Minister Eva Lawler at NT Parliament house.

Reasons for those decisions must be made public and the law does not stop a person from “seeking judicial review of a minister’s decision on the basis of other types of potential legal error”.

The law changes also specifically impact the Parklands development at Blake Street, The Gardens, to “put beyond doubt the validity of the decision by the minister to refuse a request to rezone land at 16 and 25 Blake Street”.

Opposition Planning spokesman Gerard Maley. Picture: Che Chorley
Opposition Planning spokesman Gerard Maley. Picture: Che Chorley

Territory developer Makrylos Group took the NT government to the Supreme Court after its proposed development was rejected in July 2020, arguing the reasons given were invalid.

The NT News understands the developers could challenge the law changes on the grounds of invalidity. The challenge could potentially be dragged to the High Court.

Planning Minister Eva Lawler said the new laws would provide “greater certainty on decisions made by government, now and into the future”.

HOT NEW DEAL: Read everything for 28 days for just $1

But opposition planning spokesman Gerard Maley said the “extraordinary” laws would permanently reduce checks and balances on the minister’s power on any rezoning application in the NT.

“(Ms Lawler) revealed that even if she gave terrible reasons for a decision, then the decision can’t be changed,” Mr Maley said.

madura.mccormack@news.com.au

Add your comment to this story

To join the conversation, please Don't have an account? Register

Join the conversation, you are commenting as Logout

Original URL: https://www.ntnews.com.au/news/politics/urgent-planning-laws-impacting-parklands-development-already-in-jeopardy/news-story/8580dfff1c6a56b9e6d616a4ead35cbd