Parklands likely to take Planning Minister to High Court over legally flawed planning laws, court hears

EMERGENCY planning laws rushed through aimed at stopping legal action Parklands Darwin is taking against Planning Minister Eva Lawler are a breach of the separation powers between the parliament and the courts and are likely to land the Government in the High Court, a court has heard.

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EMERGENCY planning laws rushed through aimed at stopping legal action Parklands Darwin is taking against Planning Minister Eva Lawler are a breach of the separation powers between the parliament and the courts and are likely to land the Government in the High Court, a court has heard.

Makrylos Group, the developers behind the Parklands development proposal in The Gardens took Ms Lawler to court after she rejected the proposal right before going into caretaker mode last year.

Appearing in the Darwin Supreme Court on Thursday, lawyer for Parklands Darwin Pty Ltd, Ralph Bonig, told the court that the amendments to the Planning Act, passed in February without Opposition support, included a section “targeted specifically at this litigation.”

“When introducing the amendments in parliament, the Minister made it quite plain that the purpose of that amendment was to conclude these proceedings,” Mr Bonig said.

Parklands lawyer Ralph Bonig.

“We take, not surprisingly, a different view. We take a view that the amendment is in fact ultra vires (done without the required legal authority).”

Mr Bonig said the laws breach the separation of powers between the parliament and the courts and that the amendment would have the opposite effect to what was intended.

In fact, the court heard the proceedings are likely to go to the High Court of Australia.

“The amendment isn’t going to conclude these proceedings,” Mr Bonig said.

“Unfortunately it is going to enlarge them and complicate them.”

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Counsel for the Minister, Ingrid Meier said the defendant “doesn’t accept there are any ground of challenge (to the amended section of the Planning Act)” but that they consented with the orders sought by the applicant.

“Since the plaintiff has indicated it will be challenged, we suggested it occur within the existing proceeding.”

Parklands group are set to file amended statement of claim by early next month, with the matter next returning to court in May.

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