<p>Brunswick’s civic heart continues to consolidate around the Merri-bek Arts and Culture Precinct, where a growing cluster of cultural institutions, recreation facilities, and public infrastructure has created one of the inner north’s most defined community hubs.&nbsp;</p>

<p>Within this evolving precinct, <a href="https://www.apartments.com.au/new-apartments/saxon-street-by-milieu-brunswick-31-saxon-street-brunswick-vic-3056">Saxon Street by Milieu</a> introduces new housing directly alongside the civic anchors that shape daily life in the suburb.</p>

<p>At 31 Saxon Street, the project sits immediately beside Brunswick Baths and within moments of Brunswick Library and Town Hall, longstanding institutions that support both community services and everyday amenity.&nbsp;</p>

<p>[smartcode_project:default project_id=136434 project_image_fid=348840]</p>

<p>Next door, the newly delivered Balam Balam Place arts precinct has emerged as a central piece of Merri-bek Council’s cultural strategy, bringing together creative studios, exhibition spaces, maternal and child health services, and community programming in a purpose-built civic facility. Together, these destinations have reinforced the surrounding blocks as a focal point for public life in Brunswick.</p>

<p>This part of <a href="https://www.apartments.com.au/developments/brunswick-vic-3056">Brunswick</a> forms a key pocket within the suburb’s designated Major Activity Centre, where long-term planning has prioritised walkability, civic investment, and increased housing supply close to transport and services. The surrounding street network reflects that strategy, with compact blocks, established retail corridors and active transport links supporting a lifestyle that is largely navigable on foot.</p>

<p>Within a few minutes’ walk, Sydney Road delivers one of Melbourne’s most recognisable streets, known for its long-running mix of independent retailers, international dining venues and everyday convenience. Tram routes along Sydney Road provide frequent connections south toward the CBD and north through Brunswick and Coburg, while Jewell Station on the Upfield line sits within roughly a ten-minute walk, offering direct train access into the city.</p>

<p>[smartcode_project:default project_id=136434 project_image_fid=348839]</p>

<p>Active transport also plays a significant role locally. The nearby Upfield Bike Path forms a key north–south cycling corridor linking Brunswick through Parkville and into the central city, reinforcing the area’s reputation as one of Melbourne’s most accessible inner-urban neighbourhoods for cyclists and pedestrians alike.</p>

<p>The surrounding civic cluster extends beyond cultural infrastructure. Siteworks, a nearby creative hub supporting artists and community organisations, adds to the concentration of cultural activity in the immediate area. Educational institutions such as Brunswick North Primary School, Brunswick Secondary College and RMIT’s Brunswick campus are also within easy reach, contributing to the suburb’s diverse resident base spanning families, students and professionals.&nbsp;</p>

<p>[smartcode_project:default project_id=136434 project_image_fid=348841]</p>

<p>Designed by <a href="https://www.apartments.com.au/architects/jackson-clements-burrows-architects">Jackson Clements Burrows Architects</a> in collaboration with <a href="https://www.apartments.com.au/interior-designers/designoffice">DesignOffice</a> and landscape architects <a href="https://www.apartments.com.au/landscape-architect/oculus">OCULUS</a>, the nine-level building has been shaped to respond to the surrounding streetscape, with lower levels aligning to the street and upper storeys stepping back to soften its scale and improve solar access.&nbsp;</p>

<p>Curved balcony forms reference nearby heritage architecture, while the development’s public realm improvements include a widened footpath along Saxon Street to strengthen pedestrian connections between the precinct’s civic sites.</p>

<p>Sustainability also underpins the project’s approach. The building is designed to operate entirely on electric infrastructure supported by rooftop solar, with an average 7.5-star NatHERS energy rating and EV-charging readiness across the development. Shared resident amenities will include a landscaped rooftop terrace with barbecue and covered dining areas intended to encourage informal interaction between residents.</p>

<p>Saxon Street marks developer Milieu's fifth project in Brunswick and continues its focus on design-led infill housing across Melbourne’s inner suburbs.&nbsp;</p>

<p>Construction has commenced through reputable builder Manresa, who will complete the project in 2027.</p>

<p>[smartcode_project_cta:default project_id=136434]</p>


Joel Robinson

Saxon Street by Milieu connects residents to Brunswick’s cultural and civic core

<p>Within <a href="https://www.apartments.com.au/new-apartments/candela-ivanhoe-40-upper-heidelberg-road-ivanhoe-vic-3079">Candela Ivanhoe</a>, <a href="https://www.apartments.com.au/developers/salter-brothers">Salter Brothers</a>&nbsp;takes a different approach to larger residences, moving away from the constraints of a single level.</p>

<p>In Grand Residence 3.05, known as the Lustre, plays out across two levels, with a mezzanine configuration that is uncommon in apartment living.</p>

<p>Lustre is a four-bathroom residence where the layout creates a clear distinction between shared and private zones, with uninterrupted views toward the Dandenong Ranges extending the sense of openness from the main living areas.</p>

<p>Entry is to the primary living level, where the kitchen, dining, and living areas are arranged as one continuous space. Timber flooring runs throughout, with a fireplace set within the living zone. Full-height glazing brings in natural light, supported by double glazing that improves thermal performance.</p>

<p>[smartcode_project:default project_id=342 project_image_fid=357506]</p>

<p>The kitchen is configured as both a working and social space. A large island bench provides seating, while a walk-in pantry extends storage beyond typical apartment expectations.</p>

<p>Gaggenau appliances, including a 900mm gas cooktop and 600mm oven, are integrated into a layout that connects directly to the adjacent dining and living areas, and outward to the terrace. This balcony includes a built-in BBQ, reinforcing the apartment’s capacity to accommodate larger gatherings without compromising internal space.</p>

<p>A dedicated laundry room, powder room, and a wine cellar area sit discreetly off the main living zone, ensuring that functional requirements are resolved without encroaching on primary living areas. The master suite is also located on this level, designed as a retreat with a walk-through wardrobe and an ensuite that includes double vanities, a bath, and a dedicated dressing table.</p>

<p>[smartcode_project:default project_id=342 project_image_fid=357508]</p>

<p>The mezzanine level introduces a second layer of living, rather than simply additional bedrooms. Two large bedrooms with built-in robes are positioned alongside a central bathroom, while a secondary lounge and study area create a self-contained zone suited to children, guests, or extended family. A large storage room further supports long-term usability, addressing a common shortfall in apartment design.</p>

<p>This separation of levels is central to how the residence functions day-to-day. It allows the lower level to operate as the primary entertaining and living space, while the upper level provides privacy and flexibility. The result is closer in feel to a townhouse or standalone home, but with the benefits of apartment living, security, and low maintenance.</p>

<p>[smartcode_project:default project_id=342 project_image_fid=364553]</p>

<p>Candela is close to 80 per cent complete, with Ironside delivering construction ahead of its expected October 2026 completion. The development comprises 58 residences, with a strong owner-occupier profile and a mix of one to four-bedroom apartments and loft-style townhouses.</p>

<p>Candela has exclusive access to private amenities, including a residential lounge and rooftop terrace. A charming café and a lifestyle wellness centre are located on the ground level, designed to foster community connection and extend the living experience beyond individual apartments without competing with the scale of homes like Lustre.</p>

<p>Candela, positioned in the heart of Ivanhoe Village, reinforces the practicality of the address. With a Walk Score of 90, residents are within immediate reach of cafés, retail, parklands, and Ivanhoe Station, while also benefiting from proximity to established schools and healthcare services.</p>

<p>[smartcode_project_cta:default project_id=342]</p>


Inside Lustre: Grand Residence 3.05 at Candela Ivanhoe

<p><a href="https://www.apartments.com.au/developers/milieu-property">Milieu</a>’s <a href="https://www.apartments.com.au/new-apartments/elsternwick-gardens-by-milieu-8-gordon-street-elsternwick-vic-3185">Elsternwick Gardens</a> is being shaped around a simple but increasingly rare premise in apartment development: that the built environment should actively support residents’ wellbeing.&nbsp;</p>

<p>Located on the former ABC Studios site on Gordon Street in Melbourne’s south-east, the new neighbourhood sits on an expansive 11,740 sqm site neighbouring the heritage-listed Rippon Lea Estate, whose gardens date back more than 140 years.</p>

<p>Rather than positioning wellness as an add-on amenity, the development integrates it into the physical planning of the site. Architecture by <a href="https://www.apartments.com.au/architects/woods-bagot">Woods Bagot</a> is arranged across six low-rise buildings set within extensive landscaping designed by <a href="https://www.apartments.com.au/landscape-architect/oculus">OCULUS</a>, with more than 40 per cent of the land dedicated to gardens and green space. Walking trails, pocket gardens, and mature trees are threaded between buildings, creating a network of green corridors that encourage residents to move through the precinct on foot and spend more time outdoors.</p>

<p>[smartcode_project:default project_id=136535 project_image_fid=288420]</p>

<p>Milieu has intentionally framed these gardens as an extension of the neighbouring Rippon Lea Estate. More than 16,000 new plants will be introduced across the site, with species carefully selected to protect and complement the area’s ecological significance. The approach focuses on strengthening existing environmental conditions while establishing new habitats that support native wildlife, reinforcing the role of the landscape as both an active ecosystem and a defining element of daily life.</p>

<p>A private resident gate will provide direct access to the historic grounds during opening hours, allowing residents to move seamlessly between the development’s landscaped gardens and the estate’s expansive lawns, lakes, and mature trees. The project’s gardens will also be maintained by the same gardeners responsible for Rippon Lea, reinforcing the visual and ecological continuity between the two landscapes.</p>

<p>Complementing the landscape is a dedicated wellness hub designed to support everyday health and recovery. Residents will have access to a gym alongside yoga and Pilates studios, while mineral pools and infrared saunas provide spaces for relaxation and restorative wellbeing. Shared lounges, workshop spaces, and pet care facilities expand the concept of wellness beyond fitness, creating opportunities for social connection and community interaction within the precinct.</p>

<p>Environmental performance is another key component of the project’s wellbeing focus. Elsternwick Gardens will be entirely fossil-fuel-free, with homes designed to operate on renewable electricity rather than gas. Passive design strategies, including cross-flow ventilation, high-performance insulation, and thermally broken double glazing, are intended to maintain comfortable indoor temperatures while reducing energy demand. Solar photovoltaic systems will power common building services, while rainwater harvesting will help irrigate the extensive landscaping across the site.</p>

<p>[smartcode_project:default project_id=136535 project_image_fid=361030]</p>

<p>Milieu Founder and Managing Director Michael McCormack says the scale and setting of the project allowed the team to take a different approach to urban apartment living.</p>

<p>“This site represents a once-in-a-lifetime opportunity to build something truly special,” McCormack says.</p>

<p>“Through that process, we arrived at a design that centres on a fully realised natural landscape – a series of private, interconnected gardens that encircle the homes and extend seamlessly from Rippon Lea Estate.”</p>

<p>Elsternwick Gardens will comprise three residential offerings, Gordon Place, Ripponlea Terrace, and The Garden Pavilion, each designed for owner-occupiers and shaped around high-quality interior design by Woods Bagot, K.P.D.O., and Flack Studio. The first stage, Gordon Place, includes one-, two-, and three-bedroom apartments designed with a strong focus on indoor-outdoor living and sustainability.</p>

<p>[smartcode_project:default project_id=136535 project_image_fid=288412]</p>

<p>Milieu recently appointed <a href="https://www.apartments.com.au/builders/brady-constructions">Brady Constructions</a> to deliver the project, marking a key milestone for the development. The appointment follows the demolition of the former studio buildings on the Gordon Street site, with construction progressing toward the delivery of the nature-led community.</p>

<p>Situated between the established villages of Elsternwick and Ripponlea, the development balances its garden setting with strong urban connectivity. Residents will be within walking distance of cafés, restaurants, and local retail, while nearby train and tram connections provide quick access to Melbourne’s CBD and the beaches of Elwood and St Kilda.</p>

<p>With construction underway and the first residents expected to move in by early 2027, Elsternwick Gardens represents a growing shift in apartment development toward environments that prioritise wellbeing as much as density or location. By placing landscape, sustainability, and shared spaces at the centre of the design, Milieu is positioning the project as a residential neighbourhood where wellness is not just promoted, but built into the structure of everyday life.</p>

<p>[smartcode_project_cta:default project_id=136535]</p>


Elsternwick Gardens' wellness-first design strategy

<p>Brisbane-based developer <a href="https://www.apartments.com.au/developers/red-co">Red &amp; Co</a> has made a striking debut on the Gold Coast, officially unveiling its $250 million COMO development in Varsity Lakes, a lifestyle-driven residential project anchored by an extensive rooftop wellness and activity precinct.</p>

<p>Having recently launched to market, construction has already been fast-tracked by <a href="https://www.apartments.com.au/builders/5point-projects">5Point Projects</a>, ensuring momentum continues on what is set to become a landmark residential address for the growing Varsity Lakes community.</p>

<p>Located at 22 Lake Street, Varsity Lakes, <a href="https://www.apartments.com.au/new-apartments/como-varsity-lakes-22-lake-street-varsity-lakes-qld-4227">COMO</a> will comprise 156 apartments across 16 levels, comprising one-, two- and three-bedroom residences designed for modern living. However, it is the project’s rooftop amenity offering that sets COMO apart.</p>

<p>[smartcode_project:default project_id=135546 project_image_fid=363510]</p>

<p>Designed as a dedicated wellness and recreation hub, the rooftop will feature a 25-metre lap pool, fully equipped gymnasium, and multiple pickleball and paddleball courts - amenities rarely seen in boutique apartment projects.</p>

<p>Residents will also have access to a sauna and plunge baths, while landscaped gardens and relaxation zones will provide tranquil spaces overlooking sweeping panoramic views across the Gold Coast skyline.</p>

<p>The rooftop precinct has been designed to function as the social and wellness heart of the development, encouraging residents to embrace an active, balanced lifestyle within their own building.</p>

<p>&nbsp;</p>

<p>[smartcode_project:default project_id=135546 project_image_fid=363512]</p>

<p>Red &amp; Co director David Laverty said the amenity offering was central to the project’s design from the outset.</p>

<p>“Amenities were at the forefront of our decisions,” Laverty said.</p>

<p>“Buyers today are looking for more than just an apartment - they want a lifestyle that promotes health, connection and balance.</p>

<p>“The rooftop at COMO has been designed to be the epicentre of that lifestyle, with a suite of wellness and recreation facilities that are quite unique for a boutique development of this scale.”</p>

<p>&nbsp;</p>

<p>[smartcode_project:default project_id=135546 project_image_fid=363514]</p>

<p>Designed by <a href="https://www.apartments.com.au/architects/bda-architecture">BDA Architecture</a>, the residences prioritise liveability, featuring spacious layouts, 2.7-metre ceilings and high-quality finishes throughout.</p>

<p>The development sits beside Bond University, placing residents within walking distance of education, retail and dining options within the vibrant Varsity Lakes precinct, including Robina Town Centre, Varsity Lakes Train Station and a range of leading schools.</p>

<p>[smartcode_project:default project_id=135546 project_image_fid=363511]</p>

<p>Laverty said the location was a key driver behind Red &amp; Co’s decision to bring the project to the Gold Coast.</p>

<p>“<a href="https://www.apartments.com.au/developments/varsity-lakes-qld-4227">Varsity Lakes</a> was a clear choice for us to invest in as it’s a lifestyle hub that seamlessly blends lakeside living with urbanity,” he said.&nbsp;</p>

<p>“Como will capitalize on this great location, delivering a project that not only creates premium homes, but a lifestyle defined by community, wellbeing, and connectivity.”</p>

<p>Red &amp; Co has delivered more than 500 apartments and townhouses across 26 projects in Brisbane in recent years, with COMO marking the company’s first major Gold Coast development.</p>

<p>[smartcode_project_cta:default project_id=135546]</p>


Red & Co unveils amenity-rich Como development in Varsity Lakes

<p>Gold Coast developer&nbsp;<a href="https://www.apartments.com.au/developers/big-projects">Big Projects</a> has secured approval for its second Mermaid Beach project.</p>

<p>The developer, currently selling <a href="https://www.apartments.com.au/new-apartments/the-frederick-mermaid-beach-2265-gold-coast-highway-mermaid-beach-qld-4218">The Frederick in Nobby Beach</a>, has secured approval for its next project just 1.5 kilomnetres up the road.</p>

<p>The new development, dubbed&nbsp;<a href="https://www.apartments.com.au/new-apartments/glenelg-residences-2462-2472-gold-coast-highway-mermaid-beach-qld-4218">Glenelg Residences</a>, has been designed by BDA Architecture and&nbsp;will have just under 100 apartments across an 11-storey building&nbsp;at 2462–2472 Gold Coast Highway, on the corner of Glenelg Avenue just under 300m from the future Mermaid Beach Light Rail stop.</p>

<p>The apartments, a mix of two- and three-bedrooms, will sit above a retail-focused ground plane and under extensive rooftop resident amenities.</p>

<p><img alt="Exclusive: Big Projects plot Mermaid Beach apartment development, Glenelg Residences" data-entity-type="" data-entity-uuid="" src="https://res.cloudinary.com/dz9xllyip/image/fetch/f_auto,c_limit,w_1440,q_75/https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/field/image/Screen%20Shot%202024-06-11%20at%209.55.04%20am.png?VersionId=z6NV4izeuvhBSSVlY6vK6TPO1LxrFeaG" /></p>

<p>BDA said in its planning submission that the project is intended to support the area’s transition toward higher-density, mixed-use living. “This project offers the opportunity to generate appropriate higher-intensity development within the future Light Rail corridor of <a href="https://www.apartments.com.au/developments/mermaid-beach-qld-4218">Mermaid Beach</a>,” the submission noted.</p>

<p>At ground level, Glenelg Residences will include eight retail tenancies designed to activate the street frontage, complemented by a basement bar offering an additional hospitality element. Above, residents will have access to a rooftop amenity deck featuring an infinity pool, hot and cold plunge spas, day beds, and barbecue facilities.</p>

<p>The architectural approach adopts a restrained material palette of brick, textured concrete, and integrated landscaping, with cantilevered concrete frames and cascading planting intended to soften the built form. BDA described the design as aiming to create “a memorable sculptural mid-rise mixed-use building” that responds to both its coastal setting and urban context.</p>

<p><img alt="Exclusive: Big Projects plot Mermaid Beach apartment development, Glenelg Residences" data-entity-type="" data-entity-uuid="" src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,dpr_2.0,q_auto:good/https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screen%20Shot%202024-06-11%20at%209.55.45%20am.png?VersionId=cpjIVBqcT_sujmo2UMWkVyLcQ7WGJHaQ" /></p>

<p>The approval comes as the City of Gold Coast continues to plan for significant population growth, with regional targets requiring more than 100,000 new high-density dwellings by 2046.</p>

<section data-scroll-anchor="false" data-testid="conversation-turn-36" data-turn="assistant" data-turn-id="request-WEB:55d7c6ac-8e6d-4881-ad49-0ed9bf66d1cc-17" dir="auto">
<p data-end="436" data-is-last-node="" data-is-only-node="" data-start="244">Big Projects, led by Matthew and John Barrett, is part of a growing cohort of developers that deliver construction in-house, providing a high level of confidence to prospective purchasers.</p>
</section>

<p>[smartcode_project_cta:default project_id=150260]</p>


Big Projects secures approval for Glenelg Residences in Mermaid Beach

Westconnex

<html><body>
<p>Work on the new M4 tunnels from Homebush to Haberfield is almost complete with the project set to open in around four months.</p>
<p>The project is expected to taking around 10,000 trucks off Parramatta Road every day.</p>
<p>Premier Gladys Berejikilian and Minister for Roads Andrew Constance toured the nearly-completed M4 tunnels today, part of a seven kilometre section of WestConnex.</p>
<p>Berejikilian said the new M4 tunnels, themselves 5.5km long, would allow drivers from Western Sydney to bypass a significant section of stop-start traffic on Parramatta Road, and instead connect directly onto the City West Link.</p>
<p>“Within two years, around 67,000 trips are expected in the M4 tunnels every day, and this is still just the first stage of WestConnex,” Berejiklian said.</p>
<p>“Today we’ve seen first-hand that the tunnelling and road pavement for the long promised project has been completed. We are on the home straight for the new M4 tunnels, with fit-out of the tunnels now underway.”</p>
<p><img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2019/4/11/Stage%201.jpg" alt=""></p>
<p>Constance thanked the communities of the Inner West for their patience while the work was undertaken.</p>
<p>“We appreciate the delivery of city-shaping infrastructure takes time, and it isn’t easy on those who live nearby. I look forward to the new M4 tunnels opening soon and taking thousands of vehicles off local roads,” Constance said.</p>
<p>Berejiklian said WestConnex will link Sydney’s west and southwest with the city,airport and port precinct in more than 30 kilometres of continuous motorway.</p>
<p>Upon completion, WestConnex will provide a bypass of up to 52 sets of traffic lights.</p>
<p>“Once all of WestConnex is complete in 2023, drivers will be able to get from Penrith to the Anzac Bridge without having to stop at a single traffic light and travel times from Parramatta to Sydney Airport will fall by up to 40 minutes. Traffic volumes on sections of Parramatta Road will also be reduced by more than 50 per cent,” Berejiklian said.</p>
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j.ballantyne1990-6AQqhLzZaK

New M4 tunnels one step closer to completion 

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<div class="cq-article-content-paras section">
<p>The ASX-listed residential developer Desane has won its court battle against the NSW government's proposed low value compulsory acquisition of its development site in Rozelle for the construction of the WestConnex motorway.</p>
<div class="cq-article-content-paras section">
<p>Justice Hammerschlag ruled the government's notice to acquire Desane's development site at 68-72 Lilyfield Road in Rozelle had no statutory effect.</p>
<p>"<span>Compulsory acquisition of private property is no light matter. </span></p>
<p><span>"Complying with the requirements of s 15 is not a matter of difficulty, and it is not too much to ask of an authority of State given power to interfere with such rights," the judge ruled.</span></p>
<p>Desane will keep the land to progress the residential development of its $100 million 200-apartment project, its chairman Professor John Sheehan advised.</p>
</div>
<div class="cq-article-content-paras section">
<p data-gtm-vis-first-on-screen-7770372_137="26656" data-gtm-vis-total-visible-time-7770372_137="4000" data-gtm-vis-has-fired-7770372_137="1">"I refer to Darryl Kerrigan in the movie The Castle," Professor Sheehan said after the court judgement.</p>
<p data-gtm-vis-first-on-screen-7770372_137="26656" data-gtm-vis-total-visible-time-7770372_137="4000" data-gtm-vis-has-fired-7770372_137="1">"The court basically threw out the case."</p>
<div class="cq-article-content-paras section">
<p>"They were being mean and tricky and trying to steal the property from us. They conveniently overlooked the LEP [Local Environmental Plan]."</p>
<p>Click here <a href="https://www.propertyobserver.com.au/images/2018/5/1/west-connex.jpg" target="_blank">to enlarge.</a></p>
<p><img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2018/5/1/west-connex.jpg" alt=""></p>
<p>"The bigger picture is that is is simply due to cost overruns, and the government is looking at value capture," he added.</p>
<p>They will acquire some sites on the fringe and get a development application... to offset the cost overrun," he said.</p>
</div>
</div>
<div class="cq-article-content-media section">"It begs the question why some of these properties on the edge of infrastructure projects are being acquired," he told The Australian Financial Review adding that evidence revealed that the site was merely being considered for a car park.</div>
<div class="cq-article-content-media section"> </div>
<div class="cq-article-content-media section">“From day one, Desane questioned the true purpose of RMS’ proposed acquisition of our Rozelle property”, Professor Sheehan officially advised shareholders his ASX notification.</div>
<div class="cq-article-content-media section">
<div class="page" title="Page 1">
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<div class="column">
<p><span>“We are pleased that Justice Hammerschlag has found that the PAN issued by RMS was of no effect.”</span></p>
</div>
</div>
</div>
</div>
</div>
<div class="cq-article-content-paras section">
<p data-gtm-vis-first-on-screen-7770372_137="15628" data-gtm-vis-total-visible-time-7770372_137="4000" data-gtm-vis-has-fired-7770372_137="1">"If a land owner compulsorily to be dispossessed is entitled to know precisely what the land is needed for a public purpose, that entitlement must stem from elsewhere," Justice Hammerschlag said in his judgment.</p>
<p>"If there is no such entitlement, the land owner might never learn why his land is to be taken, an outcome which would be dissonant with the right in point of justice [articulated by Dixon CJ]."</p>
</div>
<div class="cq-article-content-media section">"I conclude that the proposed acquisition notice of no statutory effect for failure to state the public purpose for which the property is to be acquired."</div>
<div class="cq-article-content-media section"> </div>
<div class="cq-article-content-media section">Late last year the Supreme Court of New South Wales ordered a mediation with the NSW government and various government agencies related to their proposed compulsory acquisition of the developer’s site in Sydney’s Rozelle.</div>
<div class="cq-article-content-media section"><span> </span></div>
<div class="cq-article-content-media section">The NSW state government and the Roads &amp; Maritime Services were ordered by the NSW Supreme Court to disclose documents justifying the compulsory acquisition.
</div>
<div class="cq-article-content-media section"> </div>
<div class="cq-article-content-media section">Desane Properties Pty Ltd was represented in the proceedings by the Honourable Ron Merkel QC, David Pritchard, SC, and Stewart Levitt of Levitt Robinson Solicitors.</div>
<div class="cq-article-content-media section"> </div>
<div class="cq-article-content-media section"><span>RMS had throughout known that Desane wished to negotiate a solution which obviated the necessity for the permanent taking of the whole of the property.</span></div>
<div class="cq-article-content-media section"><span> </span></div>
<div class="cq-article-content-media section"><span><span>His honour noted what appeared to be the most developed plan at the time of the PAN shows only a use of a sliver of the property for a utilities corridor. </span></span></div>
<div class="cq-article-content-media section"><span><span> </span></span></div>
<div class="cq-article-content-media section"><span><span>"An easement would no doubt have sufficed to achieve this requirement absent the parkland commitment," Justice Hammerschlag ruled. </span></span></div>
<div class="cq-article-content-media section"><span><span> </span></span></div>
<div class="cq-article-content-media section"><span><span>"The same can be said of any works deep beneath the property.</span></span></div>
<div class="cq-article-content-media section"><span><span> </span></span></div>
<div class="cq-article-content-media section"><span><span>"In my view, it is improbable that RMS would have sought to acquire the entirety of the property (which it currently values at over $20 million) where only a sliver of it would be used, but for its open space and green parkland purpose."</span></span></div>
<div class="cq-article-content-media section"><span><span> </span></span></div>
<div class="cq-article-content-media section">
<span><span><span>His Honour noted "i</span></span></span>n contrast to its somewhat amorphous purpose for acquiring the property to be used as a construction site, from at least 21 July 2016 RMS has had the unqualified and fixed purpose to acquire the Property to provide 10 hectares of open space and green parkland as publicly committed to by the Government</div>
<div class="cq-article-content-media section">.</div>
<div class="cq-article-content-media section">"The PAN was given to effectuate that purpose.</div>
<div class="cq-article-content-media section"> </div>
<div class="cq-article-content-media section">"That purpose is ulterior to the purpose for which the PAN could properly have been given," he ruled.</div>
<div class="cq-article-content-media section"> </div>
<div class="cq-article-content-media section">"<span>It will be an abuse of RMS’ powers if the ulterior purpose is a substantial purpose in the sense that no attempt would have been made to acquire the land if it had not been desired to achieve the unauthorised purpose."</span>
</div>
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jchancellor-FAypfDUnLy

Desane's Darryl Kerrigan wins case against low value Westconnex compulsory acquisition by NSW Government

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<p>Citizen engagement is, or should be, central to city planning. When it comes to planning and implementing transport infrastructure the focus tends to be on how to engage the public, when to engage, and what form this should take. But we should be asking another, more important question: how can citizen engagement make infrastructure planning more democratic?</p>
<p>In many cases proposed transport infrastructure and the conflicts and debates it provokes are actually about much more than the project proposal. If the project is a new light rail system, for instance, the questions are: Who and what will it serve? What will it look like? And what impacts (positive and negative) will it have on the city over time?</p>
<p>Any efforts then to reduce citizen participation, to stifle the question “What kind of city do we want to be?”, will meet with resistance.</p>
<p>Recent <a href="https://government.unimelb.edu.au/news-and-events/news/university-of-melbourne-launches-next-generation-engagement-project" target="_blank">academic</a> and <a href="http://infrastructureaustralia.gov.au/policy-publications/publications/future-cities.aspx" target="_blank">government</a> projects and reports on citizen participation and infrastructure planning have called on our governments to do three things:</p>
<ol>
<li>consult and engage citizens early in infrastructure planning</li>
<li>improve quality and access of citizen engagement at the strategic planning stages</li>
<li>use more sophisticated strategic planning tools and practices to improve decision-making.</li>
</ol>
<p>However, a key challenge, as echoed in <a href="https://www.aph.gov.au/Parliamentary_Business/Committees/House/ITC/DevelopmentofCities/Submissions" target="_blank">submissions</a> to a current parliamentary <a href="https://www.aph.gov.au/Parliamentary_Business/Committees/House/ITC/DevelopmentofCities" target="_blank">inquiry into city development</a>, is the disconnect between <a href="http://www.afr.com/business/cities-need-data-not-more-stakeholder-consultation-sap-20180226-h0wnvm" target="_blank">citizen participation and decision-making</a>. To overcome this disconnect, early consultation and new participation platforms are critical. Yet these alone cannot resolve this problem.</p>
<h2>How does democracy come into this?</h2>
<p>Engaging citizens in a meaningful way in infrastructure planning is good and necessary for many reasons. That we live in a country that purports to be a democracy is central to that argument. But there are other reasons too. These include the potential to make decisions that better respond to citizens’ needs and desires.</p>
<p>Another reason that often goes unstated is that infrastructure is a public thing. Whether it is ultimately publicly or privately owned, operated and controlled, there is a relationship between infrastructure and democracy that ultimately makes infrastructure planning and implementation a contested process. Savvy consultation does not alter this fact.</p>
<p>As the political scientist Bonnie Honig recently <a href="https://books.google.com.au/books?id=k0JdDgAAQBAJ&amp;pg=PA5&amp;dq=interpellate+us+into+democratic+citizenship&amp;hl=en&amp;sa=X&amp;ved=0ahUKEwj71aTu8-rZAhVKe7wKHdRyCoYQ6AEIJzAA#v=onepage&amp;q=interpellate%20us%20into%20democratic%20citizenship&amp;f=false" target="_blank">argued</a> in her book, Public Things: Democracy in disrepair:</p>
<p>Public things [such as infrastructure] are part of the ‘holding environment’ of democratic citizenship; they furnish the world of democratic life … They also constitute us, complement us, limit us, and interpellate us into democratic citizenship.</p>
<p>Since 2013 I have researched citizen participation in infrastructure planning. The focus has been on multi-billion-dollar, transformational urban transport infrastructure proposals in Australian and Canadian cities.</p>
<p>My primary focus has been on projects such as the <a href="https://theconversation.com/east-west-link-shows-miserable-failure-of-planning-process-40232" target="_blank">East-West Link</a> and <a href="https://theconversation.com/transurbans-west-gate-tollway-is-a-road-into-uncharted-territory-89164" target="_blank">West Gate Tunnel</a> in Melbourne, and <a href="https://theconversation.com/westconnex-audit-offers-another-17b-lesson-in-how-not-to-fund-infrastructure-73206" target="_blank">Westconnex</a> in Sydney (working with <a href="https://theconversation.com/profiles/glen-searle-103536" target="_blank">Glen Searle</a>). But my interest is not in contested tollway projects alone. I also examined the <a href="http://www.cbc.ca/news/canada/british-columbia/transit-referendum-voters-say-no-to-new-metro-vancouver-tax-transit-improvements-1.3134857" target="_blank">2015 Vancouver plebiscite on transit funding</a>, and the rollout of two light rail projects in the Greater <a href="http://www.metrolinx.com/en/greaterregion/projects/hurontario-lrt.aspx" target="_blank">Toronto</a> and <a href="http://www.metrolinx.com/en/greaterregion/projects/hamilton-lrt.aspx" target="_blank">Hamilton</a> Area (GTHA) in Canada.</p>
<p>Research of this kind into cross-city, cross-country and cross-modal (road and public transport) transit systems produces insights into the relationship between citizen participation and infrastructure planning. It makes visible both party-political and socio-political struggles for the present and future city, which infrastructure – be that a major road or a light rail system – often represents.</p>
<p>Transport infrastructure awakens controversy because these projects embody the debates that frame who we are as a group of people living in a city.</p>
<h2>A process of sidelining the citizens</h2>
<p>The question of what kind of city we want to be is often left to strategic planning. However, this question needs to remain at the forefront of decision-making in project planning too.</p>
<p>Take the cancellation of the East-West Link project. You would be excused for assuming that this cancellation, following the election of the current Victorian government in 2014, was a rejection of inner-city toll roads and a “roads must be built to tackle congestion” paradigm.</p>
<p>But weeks later the government announced the now A$6.7 billion West Gate Tunnel project. This announcement was met with similar concerns to those raised against the East-West Link. These centred on the very undemocratic processes that produced these projects in the first place.</p>
<p>Another key concern was about the efficacy of building tollways when other valued alternatives such as public transport are not only available but also desired. Indeed, these are set out as ambitions for the future city in a succession of metropolitan plans.</p>
<p>In the weeks and months after the West Gate Tunnel announcement, a community liaison group and then a public process of evaluating the environmental effects were organised. This did result in some design modifications. However, this was a process about how best to manage out conflict and limit engagement to questions about design.</p>
<p>This is common practice for transport infrastructure planning across Australia. It it is not what can be reasonably called “best practice” in citizen engagement.</p>
<p>The lack of transparency and carefully controlled consultation remove the publicness of infrastructure.</p>
<h2>Market-led planning and its impacts</h2>
<p>The West Gate Tunnel is a case study in both market-led planning and how these processes can be an assault on democratic, participatory planning. These proposals and other public-private partnership schemes continue to be devised, as seen recently with a proposed “<a href="http://www.heraldsun.com.au/news/victoria/future-melbourne/tech-giants-push-for-piece-of-30bn-super-city-in-east-werribee/news-story/51e77278242514b23567bf6b9e00050c" target="_blank">super city</a>” in East Werribee.</p>
<p>It’s clear more needs to be said about the links between citizen participation and infrastructure planning in this context. To design better citizen consultation is to better understand what galvanises citizen interest and protest.</p>
<p>It is more than just the project. It is what the project represents. In many cases, it is a departure from a clearly stated vision for the city.</p>
<p>Our ability as citizens to assert what is in the public interest – throughout the infrastructure planning process – can be further severed when unsolicited proposals become commonplace.</p>
<h2>A way forward</h2>
<p>A recent alliance between the Coalition and the Greens in the upper house <a href="https://www.theage.com.au/national/victoria/tools-down-at-west-gate-tunnel-after-liberals-greens-halt-6-7b-dud-20180307-p4z3am" target="_blank">revoked the West Gate Tunnel planning amendment</a>. It’s a reminder that any planning process that undermines inclusive citizen participation and ignores the publicness of infrastructure planning will meet with resistance. Westconnex, the East-West Link, <a href="https://theconversation.com/au/topics/roe-8-34736" target="_blank">Roe8</a> in Perth, and now the West Gate Tunnel are all examples of this.</p>
<p><img src="https://counter.theconversation.com/content/92840/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1">Infrastructure cannot be divorced from the city and its citizens. But as long as citizen engagement is limited, infrastructure will be a hotly contested area of decision-making.</p>
<p><span><a href="https://theconversation.com/profiles/crystal-legacy-18412" target="_blank">Crystal Legacy</a>, Senior Lecturer in Urban Planning, <em><a href="http://theconversation.com/institutions/university-of-melbourne-722" target="_blank">University of Melbourne</a></em></span></p>
<p>This article was originally published on <a href="http://theconversation.com" target="_blank">The Conversation</a>. Read the <a href="https://theconversation.com/sidelining-citizens-when-deciding-on-transport-projects-is-asking-for-trouble-92840" target="_blank">original article</a>.</p>
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Citizens should be included when deciding on transport projects

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<p>Long-time owners of two sites in Sydney's Rozelle are preparing to fight the NSW government's compulsory acquisition of their land for the WestConnex motorway project.</p>
<p>The two sites at 92-94 Lilyfield Road and 80-84 Lilyfield Road are next to ASX-listed developer Desane's landholding at 68-72 Lilyfield Road which is currently contesting their resumption in the Supreme Court.</p>
<p>The pending battles concern timber and hardware company Swadlings and the crane business Gillespies.</p>
<p>The combined Swadlings and Gillespies sites of nearly 6500 square metres can yield about 200 apartments.</p>
<p>The companies took their fight to <a href="https://twitter.com/Ross_Greenwood?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor" target="_blank">Ross Greenwood at Channel 9 News</a>.</p>
<p>Like Desane, both groups had sought a masterplan residential rezoning of the land with the NSW Department of Planning which was abandoned when the Roads and Maritime Services ordered the compulsory acquisition last September.</p>
<p>The RMS wanted the land for "a staging area for trucks and equipment", they said. They had a potential buyer who was prepared to pay $24 million for the sites and provide a timely relocation. The government offered them less than $3 million and the companies would have to fork out their own relocation costs.</p>
<p>"The Planning Department was attempting to adopt a well thought out masterplan approach but RMS came over the top and usurped this approach with its resumption of land," a Swadlings spokesman told Fairfax Media. </p>
<p>"There was also a delay in the rezoning application process ahead of the compulsory acquisition of the property.</p>
<p>"If Swadlings cannot get a fair and reasonable outcome in the current discussions it will be forced to pursue every possible legal avenue."</p>
<p>Swadlings is a 100-year-old family business, said it was "watching closely the outcome of the Desane court case".</p>
<p>The RMS said both the sites were required for M4-M5 Link Rozelle Interchange.</p>
<p>"These properties were compulsorily acquired last September with the Valuer General determining the compensation in line with the Land Acquisitions (Just Terms Compensation) Act," a spokesman said.</p>
<p>"The M4-M5 Link Environmental Impact Statement shows the land as required for a temporary construction and tunnelling site, and at the project's completion will be returned to the community as part of up to 10 hectares of open green space."</p>
<p>The NSW government had taken steps to compulsorily acquire the inner city residential land owned by ASX-listed developer Desane for the WestConnex motorway project, even though it had no firm plans to use it for the project, a NSW court has heard.</p>
<p>Desane has fought the compulsory acquisition of its landholding at 68-72 Lilyfield Road in Rozelle – an area earmarked for residential development and mixed use urban renewal – since August.</p>
<p>After mediations with the government fell through to consider a lease of the land or alternatives, Desane started proceedings at the Supreme Court of NSW last Monday.</p>
<p>During a cross-examination, former Roads and Maritime Services (RMS) project director Daniel Powrie, who was involved in the third stage of the project, told the court motorway plans showed Desane's site "was not impacted", that is, not required for tunnelling.</p>
<p>The government had earlier said the site would be used as a "car park" for staff.</p>
<p>Desane's site could yield a $100 million 200-apartment project.</p>
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Rozelle site owners battle WestConnex compulsory acquisitions

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<p>Desane Properties Pty Limited, an entity of ASX-listed Desane Group Holdings Limited, has announced that the Supreme Court of New South Wales had ordered a mediation with the NSW government and various government agencies related to their proposed compulsory acquisition of the developer’s site in Sydney’s Rozelle.</p>
<p>The court had in September asked the state government and Roads and Maritime Services to disclose documents justifying the compulsory acquisition of Desane’s residential development site for the WestConnex project.</p>
<p>The 5,275 sqm property is located at 68‐72 Lilyfield Road.</p>
<p>Justice Hammerschlag of the Supreme Court of New South Wales, ordered that the parties be referred to mediation on December 20 before The Honourable Michael Hudson McHugh AC QC.</p>
<p>Desane chairman, Professor John Sheehan, welcomed the court order and expressed hopes for an agreement with the New South Wales government, Roads and Maritime Services and Sydney Motorway Corporation Pty Limited.</p>
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