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

LAWYERS for Territory developer Makrylos Group will argue in court that the NT government did not provide reasons for rejecting the proposed Parklands development at The Gardens in late July.

An artist’s impression of the Blake St development proposed for The Gardens, Darwin. Picture: Archidiom

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LAWYERS for Territory developer Makrylos Group will argue in court that the NT government did not provide reasons for rejecting the proposed Parklands development at The Gardens in late July.

Parklands has now taken the Minister for Infrastructure, Planning and Logistics to court, where lawyers for both parties appeared for the first time on Thursday.

Planning Minister Eva Lawler on July 28, just days before the government went into caretaker mode, announced she would not approve the rezoning of 16 and 25 Blake St to allow for high and medium density residential development – the proposed site of the development.

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In a scathing letter sent to Ms Lawler in August, director Michael Makrylos threatened to sue for more than $150m.

“You have turned your back on your responsibility as the Planning Minister,” Mr Makrylos wrote.

“In the short time you have been Planning Minister, you have sought to put party politics and your own political survival ahead of the best interest for the Territory.”

Ms Lawler, in a statement, said she “always works with integrity and in the best interest of the Territory”.

The company had been waiting for the Minister to give the project the green light since February following tweaks as per previous government recommendations.

Eva Lawler, Minister for Infrastructure, Planning and Logistics. Picture: Che Chorley

Ms Lawler said her decision, which was not made “lightly”, was based on three factors; the scale and density of the development, the significance of the Botanic Gardens; and the lack of evidence the surrounding road network can accommodate the additional traffic the development would bring.

However, counsel for Parklands, Ralph Bonig, said he intends to argue the decision published by the government does not contain reasons for the project being rejected.

“The published decision doesn’t actually contain reasons as contemplated,” Mr Bonig said.

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Chief Justice Michael Grant asked if he meant it did not provide adequate reasons.

“We say they are not reasons as such,” Mr Bonig replied.

The matter will return to court on a date to be set.

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