<p>Buyers considering a residence at boutique Gordon townhouse development <a href="https://www.apartments.com.au/new-townhouses/lume-gordon-43-47-dumaresq-street-gordon-nsw-2072">Lume</a>&nbsp;now have another reason to bring forward their decision.</p>

<p>For a limited time, purchasers of a residence at Lume will receive a BMW iX3 50 electric SUV, valued at more than $120,000, as part of their purchase. The offer is designed to add value for buyers while complementing the lifestyle envisioned for the architecturally designed Upper North Shore development.</p>

<p>Scott Timmins, Development Manager at <a href="https://www.apartments.com.au/developers/winim">WINIM</a>, said the partnership was created to provide buyers with a compelling reason to act.</p>

<p>"In today's market, buyers need a compelling reason to act now, and the BMW partnership was designed to create that catalyst. We wanted to add genuine value for our future purchasers. Choosing the all-electric BMW iX3 50 also reflects the values behind LUME, forward-thinking design, innovation and a more sustainable way of living. It's a premium incentive that complements the lifestyle our buyers aspire to and rewards those who commit early."</p>

<p>[smartcode_project:default project_id=7354 project_image_fid=374893]</p>

<p>Delivered by WINIM in partnership with Burtonwood Investment Partners, Lume comprises 14 architecturally designed two, three and four-bedroom townhomes created for families seeking the space of a freestanding house with the ease of modern, low-maintenance living.</p>

<p>The three-storey residences, designed by award-winning architecture practice <a href="https://www.apartments.com.au/architects/rothelowman">Rothelowman</a>, have been tailored for families and multi-generational living, featuring private internal lifts, flexible lower-level spaces, generous open-plan living and entertaining areas, media rooms, and landscaped outdoor spaces with custom outdoor kitchens.&nbsp;</p>

<p>Inside, engineered oak flooring, bespoke dining joinery with integrated wine fridges and backlit bars, sculptural porcelain bathrooms, Parisi freestanding baths and Astra Walker tapware create interiors that balance functionality with refined finishes.</p>

<p>Each townhome has been designed to combine generous internal spaces with sustainability initiatives such as EV charging infrastructure, while <a href="https://www.apartments.com.au/landscape-architect/arcadia-landscape-architecture">Arcadia</a>'s landscaped communal areas, centred around a restored creek line and native planting, encourage residents to connect with nature and spend more time outdoors.</p>

<p>[smartcode_project:default project_id=7354 project_image_fid=269527]</p>

<p>Rothelowman's Gary Tsui said the architecture was conceived to respond carefully to its Upper North Shore setting.</p>

<p>"Our vision was to create elegant, uplifting homes that draw on and positively contribute to the local character through meticulously considered design and an interaction with the surroundings."</p>

<p>The communal landscape has been designed as more than an open space between homes. Arcadia's Ben Newell and Kate Phillips said the adjoining reserve provided an opportunity to create a distinctive natural retreat for residents.</p>

<p>"Just as waterways carve their way through Ku-ring-gai's landscape, a raised boardwalk weaves through the reserve, connecting the homes to this tranquil oasis."</p>

<p>[smartcode_project:default project_id=7354 project_image_fid=374892]</p>

<p>Located just 300 metres from <a href="https://www.apartments.com.au/developments/gordon-nsw-2072">Gordon</a> Village and Gordon railway station, Lume offers convenient access to Sydney's CBD while placing residents close to some of the North Shore's leading schools, including Ravenswood, Pymble Ladies' College and Knox Grammar. Lane Cove National Park, Gordon Golf Club and a range of cafés and restaurants further reinforce the family-focused lifestyle on offer, with the BMW iX3 50 complementing everything from local trips around Gordon to weekend drives and city commutes.</p>

<p>Construction is underway with completion expected in mid-2027.</p>

<p>[smartcode_project_cta:default project_id=7354]</p>


Joel Robinson

Boutique Gordon townhomes now come with a BMW iX3 50

<p>Two apartments have sold for more than $10 million at EADE Byron Bay, setting some of the highest apartment prices ever achieved in the coastal town and underlining the growing appetite for luxury beachfront apartments in Australia's most popular coastal locations.</p>

<p>The $210 million project by Vitale Property Group has now secured more than $70 million in sales, led by residences that changed hands for $12.75 million and $11.75 million.</p>

<p>The record-breaking transactions reinforce the shift occurring in Byron Bay's premium property market, where affluent downsizers and lifestyle buyers are increasingly opting for high-end apartments over large beachfront homes.</p>

<p><a href="https://www.apartments.com.au/new-apartments/eade-byron-bay-29-shirley-street-byron-bay-nsw-2481">EADE Byron Bay</a> occupies a rare 6,000 sqm absolute beachfront site on the corner of Shirley and Milton Streets overlooking Main Beach and The Wreck surf break, just 350 metres from Byron Bay's town centre.</p>

<p>The 25-residence development is the first beachfront apartment project approved in Byron Bay in more than a decade and is currently under construction, with completion expected in May 2027.</p>

<p>[smartcode_project:default project_id=145590 project_image_fid=359521]</p>

<p>The project has attracted a mix of local Byron Shire residents downsizing from larger homes, alongside interstate buyers from Sydney, Melbourne and Brisbane seeking a permanent coastal lifestyle without compromising on space.</p>

<p>Designed by <a href="https://www.apartments.com.au/architects/hayball">Hayball</a> and with interiors by <a href="https://www.apartments.com.au/interior-designers/alexander-co">Alexander &amp; Co</a>, EADE comprises&nbsp;10 garden apartments ranging from 284 sqm to 622 sqm, nine with private pools, five full-floor apartments and 10 rooftop residences with private plunge pools, expansive outdoor entertaining areas and uninterrupted ocean views.</p>

<p>[smartcode_project:default project_id=145590 project_image_fid=359527]</p>

<p><a href="https://www.apartments.com.au/developers/vitale-property-group">Vitale Property Group</a> Managing Partner Chris Vitale said the project's combination of scale, location and limited future supply was driving buyer demand.</p>

<p>"There isn't another beachfront holding in Byron Bay of this size and position that could be developed again," Vitale said.</p>

<p>"Buyers are responding to the scarcity and the irreplaceability of a site of this calibre and to floorplans they can't find elsewhere in the market.</p>

<p>"We are seeing buyers place significant value on quality, space, design, resort-style amenities and the rarity of the location. The sales achieved to date demonstrate that discerning purchasers recognise the long-term significance of what is being created at EADE Byron Bay.</p>

<p>"Many are coming from larger homes in the Byron region, or from Sydney, Melbourne and Brisbane, and are after the space, security and convenience, without the upkeep of a house."</p>

<p>&nbsp;</p>

<p>[smartcode_project:default project_id=145590 project_image_fid=359523]</p>

<p>The Byron Bay project follows Vitale Property Group's delivery of the Mondrian Hotel and Private Residences at Burleigh Heads, with EADE continuing the developer's focus on luxury coastal developments.</p>

<p>Residents will have access to a resort-style swimming pool, gymnasium, sauna, cold plunge pool, concierge services and dedicated workspaces, while the project is targeting an 8-Star Green Star rating.</p>

<p>EADE Byron Bay is being exclusively marketed by Projx Australia in conjunction with WHITEFOX Projects.</p>

<p>WHITEFOX National Projects Director Phillip Rand said demand had been driven predominantly by owner-occupiers.</p>

<p>"We are seeing buyers at EADE place significant value on quality, space, design, resort-style amenities and the rarity of this location," Rand says.</p>

<p>"The sales achieved to date demonstrate that purchasers at this level recognise the long-term significance of what is being created at EADE Byron Bay."</p>

<p>Residences at EADE Byron Bay are currently priced between $4.75 million and $15.95 million.</p>

<p>&nbsp;</p>

<p>&nbsp;</p>

<p>&nbsp;</p>

<p>&nbsp;</p>

<p>&nbsp;</p>

<p>[smartcode_project_cta:default project_id=145590]</p>


Vitale breaks Byron Bay records with EADE sales flurry 

<p>When buying an apartment, most people compare the big-ticket items first. Floorplans. Kitchens. Balcony size. Natural light. The view.</p>

<p>But there's one everyday consideration that often doesn't come up until after moving in: how parcels are delivered.</p>

<p>As online shopping has become part of everyday life, parcel deliveries have shifted from an occasional event to a regular occurrence. Australians spent a record $82.6 billion shopping online in 2025, with almost one in every four retail dollars now spent digitally.</p>

<p>For apartment residents, that can present a challenge.</p>

<p>If nobody is home to accept a delivery, parcels may be redirected to a nearby Post Office, left in a building lobby or common area, or require building management to step in. In higher-density buildings, where dozens or even hundreds of residents may receive deliveries each day, parcel management has become an increasingly important part of everyday living.</p>

<p>That can create a range of frustrations. A missed delivery often means making time to collect a parcel elsewhere, while packages left unattended in foyers or mail areas can create clutter and increase the risk of theft. What seems like a minor inconvenience can quickly become a recurring issue for residents who shop online regularly.</p>

<p>It's one of those details that rarely features in a display suite but can have a noticeable impact once residents move in.</p>

<p>As a result, buyers are beginning to look beyond traditional apartment features and consider how a building supports day-to-day convenience, including whether there are secure options for receiving deliveries.</p>

<p>Australia Post's Parcel Lockers provide one solution.</p>

<p><iframe allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" allowfullscreen="" frameborder="0" height="315" referrerpolicy="strict-origin-when-cross-origin" src="https://www.youtube.com/embed/CkF2oKmlACg?si=C50sDaoUUn2nuLmq" title="YouTube video player" width="560"></iframe></p>

<p>Rather than having a parcel delivered directly to an apartment, eligible deliveries can be sent to a nominated Parcel Locker. Once the parcel arrives, residents receive a notification through the AusPost app or SMS and can collect it using a QR code or one-time PIN at a time that suits them.</p>

<p>The Parcel Locker network now includes more than 1,500 locations nationwide, with installations at Post Offices, shopping centres, transport hubs and an increasing number of residential developments. By providing a secure collection point, Parcel Lockers help reduce missed deliveries and avoid parcels being left unattended in common areas.</p>

<p>For developers, parcel infrastructure is becoming another way to improve the resident experience. Rather than relying on concierge staff or leaving parcels in communal spaces, secure collection points help streamline deliveries while preserving the presentation and functionality of shared areas.</p>

<p>For buyers, it's a reminder that the best apartment features aren't always the most obvious.</p>

<p>A generous floorplan or quality finishes might help narrow the shortlist, but the conveniences that simplify everyday life, whether that's EV charging, secure bike storage or reliable parcel delivery, often become the features residents appreciate most once they're living there.</p>


The apartment feature many buyers don't think about, until their first missed delivery

<p><a href="https://www.apartments.com.au/developers/hg-developments">HG Developments</a> is doubling down on Maud Street in Newstead, filing plans for a new apartment tower just a few doors down from its under-construction Aire Newstead development.</p>

<p>Recently submitted to Brisbane City Council, the proposal is for an 18-storey building designed by bureau^proberts, which has drawn heavily on Brisbane's subtropical design principles while referencing the suburb's industrial heritage.</p>

<p>A total of 64 apartments are planned for the amalgamated 1,518 sqm site at <a href="https://www.apartments.com.au/new-apartments/17-21-maud-street-newstead-qld-4006">17–21 Maud Street</a>, a short walk from the Brisbane River and Newstead Riverwalk.</p>

<p><img alt="First look: HG Developments plans 18-storey subtropical apartment tower for Newstead" data-entity-type="file" data-entity-uuid="a400c7fd-bd15-48f8-a63b-10ede92efe00" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Maud%20st%20bldg.png?VersionId=.0vPmjpbC7CNP7kqGWa6L7rGIwsNExaw" /></p>

<p>"The building is defined by a series of vaulted motifs that reinterpret the arches, colonnades and layered facades evident throughout Newstead's historic built fabric," the Urban Design Report states.</p>

<p>"Combined with recessed glazing and generous balconies, these elements create a layered building envelope that provides shade, weather protection and opportunities for natural ventilation whilst establishing a distinctive architectural identity."</p>

<p>The proposal comprises 64 two, three and four-bedroom apartments across 18 residential levels, positioning it alongside a growing number of taller residential projects transforming Newstead's northern precinct. The tower incorporates extensive subtropical landscaping, with cascading planter boxes, deep planting at street level and a landscaped rooftop recreation area.</p>

<p><img alt="First look: HG Developments plans 18-storey subtropical apartment tower for Newstead" data-entity-type="file" data-entity-uuid="1d8140f4-8b98-45cd-b1b8-1efe8c8e266b" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Maud%20st%20podium.png?VersionId=VAZtbCoD44YCJ57N99fQCAKeSJx7ldZs" /></p>

<p>Bureau Proberts has prioritised passive environmental design throughout the project, with generous balconies, recessed glazing and operable façades helping reduce solar heat gain while maximising natural ventilation. River views become available from the upper levels, while the building has been orientated to capture prevailing breezes from both the Brisbane River and the west.</p>

<p>The architects say landscape is intended to be integral to the building rather than an applied element.</p>

<p>"Vertical greenery, cascading planter boxes and elevated gardens are woven throughout the architecture, softening the built form and strengthening the connection between residents and the subtropical environment."</p>

<p>"Through the integration of landscape, high-quality materials and passive design principles, the development delivers a refined residential address that celebrates Newstead's heritage character while contributing positively to Brisbane's evolving subtropical identity."</p>

<p>Newstead has remained one of Brisbane's most active apartment markets in recent years, with a number of developers continuing to back the inner-city suburb.</p>

<p>HG Developments is currently delivering the 40-apartment Aire Newstead at 25 Maud Street. Fortis recently launched the 65-apartment <a href="https://www.apartments.com.au/new-apartments/crest-walker-newstead-12-kyabra-street-newstead-qld-4006">Crest &amp; Walker</a> on Kyabra Street, while builder-developer BPG and Don O'Rorke's Consolidated Properties are both expected to launch their respective Newstead projects before the end of the year.</p>


HG Developments doubles down in Newstead with second Maud Street apartment development

<p>Walk past a new apartment development promoting its sustainability credentials and it's easy to picture rooftop gardens, mature trees, landscaped courtyards and residents surrounded by nature.</p>

<p>But in many cases, that's not actually what those sustainability ratings guarantee.</p>

<p>Australia's leading environmental rating tools have played a significant role in improving the energy efficiency and environmental performance of buildings. Yet despite their focus on reducing emissions, many don't require developers to include trees, biodiversity or meaningful green space.</p>

<p>In other words, a building can achieve one of the country's highest sustainability ratings while containing little more than concrete, glass and hard landscaping.</p>

<p>That disconnect has led to the emergence of a new movement across Australia's property industry: nature-based cities.</p>

<p>The concept goes beyond designing buildings that consume less energy. Instead, it encourages developers to treat nature as essential infrastructure, integrating biodiversity, tree canopy, living landscapes and green spaces into projects from the earliest stages of planning.</p>

<p>Research has consistently linked access to nature with better physical and mental health, cooler neighbourhoods, improved biodiversity, stronger climate resilience and more connected communities. As Australia's cities continue to become denser, advocates say those outcomes should be considered just as important as energy efficiency.</p>

<p>Nature Based Cities (NBC) was established in 2022 to help accelerate that shift.</p>

<p>Founded by Hamton Executive Chairman Paul Hameister OAM, the not-for-profit was created after research highlighted a significant gap in Australia's sustainability framework. While existing environmental rating tools rewarded energy performance and emissions reductions, they placed little emphasis on the inclusion of living landscapes.</p>

<p>"We've always wanted to do more, and we know other developers who want to do more, but the ESD rating tools just aren't there," Hameister says.</p>

<p>"In Australia, you can have a five-green-star rated building that's concrete and glass with not a blade of grass.</p>

<p>"The focus is on reducing emissions, which is laudable, but there hasn't been enough attention paid to protecting and re-establishing nature. We need both for the health of the environment and for communities."</p>

<p>Since its launch, NBC has developed independent design guidelines and accreditation frameworks that encourage developers to prioritise ecology, biodiversity, tree canopy, walkability and living landscapes alongside traditional sustainability measures. The organisation first focused on medium and high-density residential developments before recently expanding into precinct-scale communities and masterplanned neighbourhoods.</p>

<p>Jan Talacko, founder of sustainability consultancy Ark Resources and a member of the Nature Based Cities Advisory Council, says the initiative addresses an area that has largely been overlooked by the property industry.</p>

<p>"Throughout my 25 years of working collaboratively with all stakeholders in the property sector, I've always favoured a pragmatic approach to sustainable design which encourages initiatives that not only meet environmental expectations but also improve amenity," Talacko says.</p>

<p>"Whilst we are making steady progress in relation to energy and carbon emissions from buildings, there has been much less emphasis on encouraging biodiversity and tackling the urban heat island effect.</p>

<p>"The Nature Based Cities initiative responds to a gap in the suite of tools currently used by the property development sector, which don't provide sufficient incentive, or recognition, for the integration of landscaping and greenery."</p>

<p>For apartment buyers, the shift is also changing the questions worth asking.</p>

<p>Rather than assuming a sustainable building will naturally include abundant green space, buyers are increasingly being encouraged to look beyond environmental ratings and ask what nature is actually being delivered. How much tree canopy will the development create? Has biodiversity been considered? Are landscaped spaces designed for people as well as appearance?</p>

<p>As Australia's cities continue to grow upwards and outwards, the next generation of sustainability may not simply be measured by lower emissions, but by how successfully developments bring nature back into everyday urban life.</p>


What does it really mean for a building to be 'green'?

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 

<html><body>
<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">
<div class="layoutArea">
<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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