Design-led developer-builder Lowe Living has unveiled its latest residential development, Jardin House, marking its first foray into Melbourne's blue-chip City of Boroondara.

Located a short walk from Camberwell Junction, <a href="https://www.apartments.com.au/new-apartments/jardin-house-by-lowe-living-camberwell-335-camberwell-road-camberwell-vic-3124">Jardin House</a> has been designed to appeal to affluent local downsizers and established families seeking a low-maintenance alternative to the large homes that have long defined Camberwell and surrounding suburbs.

The project will comprise a collection of two and three-bedroom apartments ranging from 92 sqm to 280 sqm, alongside a limited number of penthouse residences featuring rooftop terraces spanning more than 100 sqm, with optional private pools.

&nbsp;

[smartcode_project:default project_id=146717 project_image_fid=372212]

Lowe Living Co-Founder and Managing Director Tim Lowe said Camberwell represented a natural next step for the developer as it expands into some of Melbourne's most tightly held residential markets.

"Jardin House is an important project for our team as it marks the next evolution of our portfolio into different well-established blue-chip pockets of Melbourne," Lowe said.

"Camberwell, with its incredible walkability, family-led neighbourhood feel and superb access to education and transport, makes it a natural choice for us."

[smartcode_project:default project_id=146717 project_image_fid=372227]

Designed by Tristan Wong Architects, with interiors by Hecker Guthrie and landscaping by Acre, the development takes inspiration from the Art Deco architecture that remains a defining feature of many of Camberwell's established streets.

A curved facade, arched openings, textured brickwork and sculpted forms reference the suburb's architectural heritage, while extensive landscaping softens the building's presence and creates a strong connection to the surrounding tree-lined streetscape.

The project will be set behind a secure gated entrance, with residents arriving through landscaped gardens designed to create a transition between the public realm and private residences.

Inside, the residences feature natural stone and timber finishes, full-height glazing, Miele appliances and generous open-plan living areas designed for long-term owner occupation.

[smartcode_project:default project_id=146717 project_image_fid=372225]

While the apartments themselves have been designed to attract discerning owner-occupiers, it is the amenity offering that sets Jardin House apart from many other boutique projects currently launching across Melbourne.

The centrepiece is a 350 sqm private bathhouse curated in partnership with Aurora Spa &amp; Bathhouse founder Lyndall Mitchell.

The wellness precinct includes mineral pools, hydrotherapy experiences, a Himalayan salt room, sauna, steam room, cold plunge pools and dedicated relaxation spaces, creating what Lowe Living describes as a private wellness retreat exclusively for residents.

[smartcode_project:default project_id=146717 project_image_fid=372222]

The collaboration follows Lowe Living's recent partnership with Aurora at Maison Savoy in Brighton, although Jardin House is the first project to incorporate both indoor and outdoor wellness experiences.

Emma Lowe, Co-Founder and Managing Director of Lowe Living, said wellness was becoming an increasingly important consideration for apartment buyers.

"Collaborating with Lyndall Mitchell from Aurora Spa &amp; Bathhouse for a second time is an intentional nod to creating residences that are more than just homes, but a way to enrich the lives of our residents through wellness and longevity," Lowe said.

The amenity offering is complemented by a Technogym fitness studio, residents' lounge, private dining spaces and concierge services.

The launch comes as developers increasingly target Melbourne's established eastern suburbs, where rising land values, ageing housing stock and growing downsizer demand are creating opportunities for boutique apartment projects.

Lowe said the company expects significant generational wealth transfer across suburbs such as Camberwell in coming years, creating further demand for luxury apartment living.

"Camberwell is a blue-chip suburb where homes regularly transact for multiple millions of dollars," he said.

"The generational change of wealth in these locations expected in the coming years is significant, so we see an opportunity to create exclusive residences that appeal to older families and downsizers in order to meet this demand."

Apartments at Jardin house start from $1,195,000. The project forms part of Lowe Living's near-$1 billion portfolio of new developments across Melbourne.

[smartcode_project_cta:default project_id=146717]

Joel Robinson

Lowe Living launches Jardin House in Camberwell

As <a href="https://www.apartments.com.au/developments/north-sydney-nsw-2060">North Sydney</a> continues its transition from a commercial centre into a more layered residential and lifestyle precinct, a new generation of apartment developments is reshaping expectations around scale, amenity, and long-term liveability.

Improved transport connections through the Victoria Cross Metro, continued investment in dining and public spaces, and a constrained supply of new luxury apartments have sharpened demand for homes that combine proximity to the CBD with the privacy and outlook traditionally associated with harbourside houses.

At 177 Walker Street, <a href="https://www.apartments.com.au/developers/aland">ALAND</a>’s new apartment development <a href="https://www.apartments.com.au/new-apartments/the-walden-north-sydney-177-walker-street-north-sydney-nsw-2060">The Walden</a> enters the market with a distinctly residential approach to high-rise living. The 30-level tower will deliver 161 residences, ranging from one-bedroom apartments through to sub-penthouses and a full-floor penthouse, all oriented to capture uninterrupted views across Sydney Harbour, the Opera House, and out toward the Pacific Ocean.

[smartcode_project:default project_id=134323 project_image_fid=6395]

Designed by <a href="https://www.apartments.com.au/architects/rothelowman">Rothelowman</a>, the project takes advantage of the site’s natural topography and elevated position above the harbour. Rather than relying on density alone, the architecture focuses on outlook, orientation, and spatial flow, with every apartment occupying a corner position to maximise natural light and cross ventilation.

Rothelowman says the site itself shaped much of the architectural response.

“The site has a long history in terms of its inevitable transformation and when we came in, we took inspiration from the idea of reestablishing a sense of the site’s natural terrain and fall. Our scheme aims to integrate with the terrain and the landscape, using the undulating site to slowly reveal glimpses and views of the harbour. The rotation of the tower off grid means every apartment has a view and is naturally cross ventilated. The building's colour palette is quintessentially Sydney, with bronze and sandstone and a luminescent green colour in the glass, making it very earthy and grounded in its location.”

[smartcode_project:default project_id=134323 project_image_fid=6399]

Inside the residences, the emphasis moves toward larger-format living typically associated with standalone homes. Kitchens sit at the centre of the apartments, connecting directly to open-plan dining and living areas before extending outward into expansive winter gardens and balconies. Calacatta marble, bespoke joinery, integrated appliances, and custom metal detailing are used throughout, while three distinct interior palettes, Terrace, Opera, and Harbour, allow buyers to personalise the spaces without compromising the architectural consistency of the project.

The larger residences place particular attention on separation between entertaining and private zones. In many apartments, master suites occupy the outer corners of the floorplates, allowing bedrooms to benefit from floor-to-ceiling glazing and harbour outlooks independent of the living spaces. Dressing rooms and ensuites continue the material palette through fluted detailing, freestanding baths, and layered stone finishes.

Rothelowman says the design intent centred on creating homes that feel enduring rather than transient.

“Our philosophy is all about the way people live in these spaces, and we wanted to create homes that reflect the quality of life in this unique Sydney location. The apartments showcase expansive living spaces that are generous, sophisticated, and bold, with the ability to connect with views throughout each apartment.”

[smartcode_project:default project_id=134323 project_image_fid=353235]

A separate four-storey amenity building known as The Pavilion expands the residential offering beyond the apartments themselves. Positioned alongside the tower, the building consolidates wellness, recreation, and social spaces into a dedicated resident retreat. Facilities include a 20-metre rooftop pool and sundeck, sauna, spa, ice bath, wellness studio, gymnasium, concierge service, wine cellar, residents’ lounge, private dining spaces, and dedicated co-working areas with meeting rooms and boardroom facilities.

The amenity mix reflects the buyer profile emerging in North Sydney, where owner-occupiers and downsizers are increasingly prioritising convenience, apartment scale, and long-term usability over purely investment-driven decisions.

The Walden also represents a significant milestone for ALAND, marking the company’s first major move into Sydney’s inner-city luxury apartment market after more than two decades delivering large-scale residential communities across Greater Sydney. Founder Andrew Hrsto says the Walker Street site stood apart because of both its positioning and its rarity.

[smartcode_project:default project_id=134323 project_image_fid=6390]

“As a company, we had been searching for a site in one of Sydney’s blue-chip locations, spanning the Eastern Suburbs, the Sydney CBD and the North Shore, and when we had the opportunity to purchase this site, we immediately recognised that it could be something iconic.”

At launch, The Walden recorded more than $103 million in sales, with buyers drawn to the project’s harbour positioning, apartment scale, and proximity to the Metro, which now connects North Sydney to Barangaroo in three minutes and Martin Place in five.

ALAND has commenced construction, and is expecting a completion date in 2028.

[smartcode_project_cta:default project_id=134323]

The Walden pairs house-scale living with North Sydney connectivity

The ACT will become the first jurisdiction in Australia to abolish stamp duty for all first home buyers, with no income caps and no property price thresholds from 1 July.

The move, announced as part of the ACT Budget, completes a key election commitment from the Barr Government and removes what Chief Minister Andrew Barr described as one of the biggest barriers to entering the housing market. The reform forms part of the ACT's long-running transition away from transaction taxes and towards a broader-based property tax system.

"This budget marks a major milestone in our long-term tax reform program," Barr said, adding that the government had maintained a sustained focus on removing barriers to home ownership. He said stamp duty had long been one of the largest upfront hurdles facing buyers and that from July, "that barrier is gone" for first home buyers in the Territory.

[smartcode_project:default project_id=139989 project_image_fid=350986]

The changes come alongside a range of measures designed to encourage new housing supply, including support for the delivery of so-called "missing middle" housing such as terraces, townhouses and low-rise multi-unit developments.

The announcement has renewed debate around whether the ACT's approach could provide a blueprint for improving housing affordability nationally.

New research from OurTop10.com.au, conducted by Primara Research, suggests the Territory's decade-long reform agenda has produced outcomes unmatched elsewhere in Australia.

While stamp duty costs have increased by an average 67 per cent nationally over the past decade, the ACT has recorded growth of just 15 per cent, the lowest increase of any jurisdiction.

The Territory has also emerged as one of the strongest performers on housing delivery. Based on population-weighted housing targets, the ACT is sitting less than one per cent behind its target. Victoria is the next closest at seven per cent behind, while the national average sits 25 per cent below target. New South Wales is tracking 39 per cent behind.

The latest reform removes one of the final barriers facing first home buyers in Canberra.

[smartcode_project:default project_id=139989 project_image_fid=359152]

The average Australian home buyer currently pays $61,714 in stamp duty. In the ACT, that figure is $38,399 despite the Territory having the third-highest median house price in the country.

Until now, the ACT's first home buyer concession scheme only applied to purchases up to $1.02 million, around $51,000 below Canberra's median house price of $1.071 million. In practical terms, many first home buyers were unable to access the median-priced home without losing the concession.

From July, those restrictions disappear.

Every first home buyer in the ACT will pay no stamp duty, regardless of income or purchase price.

Canberra remains one of Australia's most expensive housing markets, with dwelling values increasing 82 per cent over the past decade. However, that growth ranks only 11th among Australia's 15 major housing markets, suggesting affordability pressures have been less severe than in many other parts of the country.

Simon Ma, CEO of OurTop10.com.au, said the latest reforms recognise that many first home buyers have simply outgrown thresholds set years ago.

"Many first home buyers aren't just looking for a way onto the ladder, they want a home their family can actually live in," Ma said.

"In a market where the median house price is over a million dollars, a concession scheme that cuts out at $1.02 million was never going to get them there.

"Removing the ceiling entirely means ACT first home buyers can now pursue the home they actually want, rather than limiting themselves to a price point designed for a very different market."

Whether other states follow remains to be seen. But at a time when most jurisdictions are struggling to improve affordability while also increasing housing supply, the ACT has quietly become the national test case for both.

15% stamp duty growth. Just 1% off the national housing target. Zero stamp duty for FHBs. Is the ACT the blueprint for the great Australian dream?

ACT abolishes stamp duty for first home buyers

A rooftop pool and spa overlooking the Brisbane CBD, private dining spaces, expansive landscaped gardens and a residents' lounge are set to crown <a href="https://www.apartments.com.au/new-apartments/callista-on-park-west-end-49-mollison-street-west-end-qld-4101">Callista on Park</a>, the final residential building within Brisbane's West Village precinct.

The rooftop amenity collection has been designed as an extension of the lifestyle already established throughout West Village, providing residents with a series of indoor and outdoor spaces that capitalise on the building's elevated position above West End.

A swimming pool and heated spa form the centrepiece of the rooftop offering, surrounded by landscaped gardens developed through a collaboration between developer Sekisui House and ASPECT Studios. The design incorporates expansive lawn areas surrounded by English garden-inspired planting.

[smartcode_project:default project_id=134800 project_image_fid=370648]

Residents will also have access to two barbecue and outdoor dining areas positioned to take advantage of views across Brisbane's skyline, neighbouring Mollison Park, and the surrounding inner-city landscape.

For larger gatherings, the rooftop includes a private dining room centred around a substantial stone island bench, complete with a full kitchen and a 10-seat dining table set beneath four-metre-high ceilings. The space has been designed to overlook both the rooftop gardens and the Brisbane CBD skyline.

A separate residents' lounge provides an additional indoor retreat connected to the broader rooftop amenity offering, creating another space for residents to work, relax or entertain guests.

[smartcode_project:default project_id=134800 project_image_fid=370647]

The attention to detail extends beyond the rooftop.

Upon arrival, residents will enter through a lobby featuring a bespoke ceiling light installation developed in collaboration between Sekisui House and Alcorn Middleton Architecture. The arrival experience is complemented by private resident mailboxes and carefully considered interior finishes designed to reflect the premium positioning of the building.

[smartcode_project:default project_id=134800 project_image_fid=372541]

The amenity offering forms part of Callista on Park, the final residential release within the decade-long transformation of the former Peters Ice Cream Factory site into West Village, one of Brisbane's most established mixed-use communities.

Designed by <a href="https://www.apartments.com.au/architects/rothelowman">Rothelowman</a> and being delivered by <a href="https://www.apartments.com.au/builders/hutchinson-builders">Hutchinson Builders</a>, Callista represents the most premium residential offering within the masterplanned precinct.

Construction is now entering its final stages, with scaffolding beginning to come down and completion expected in the first quarter of 2027.

Prices for the three-bedroom plus MPR apartments start from just over $2.6 million.

[smartcode_project:default project_id=134800 project_image_fid=351535]

Callista will mark the final opportunity to purchase within West Village, where residents have direct access to more than 35 retail, dining, wellness and medical operators including Harris Farm Markets, Woolworths, Function Well and Goodlife Health Clubs, Metro Arts, and a growing collection of restaurants and cafés.

Located just 800 metres from the Brisbane CBD, the precinct also places residents within walking distance of South Bank, West End's dining scene, riverfront parklands and major public transport connections.

For Sekisui House, which has delivered more than two million homes globally, Callista serves as the concluding piece of the West Village masterplan, bringing together the precinct's heritage character, parkland setting and emphasis on walkability in a final collection of larger-format residences.

[smartcode_project_cta:default project_id=134800]

Rooftop pool, private dining and skyline gardens to crown West Village's final apartment release, Callista on Park

<a href="https://www.apartments.com.au/developments/wahroonga-nsw-2076">Wahroonga</a>’s enduring appeal has long been tied to its balance of bushland, established amenity, and access to some of Sydney’s most respected education and healthcare institutions.

Along Fox Valley Road, that combination is becoming increasingly sought after by buyers looking to remain connected to the Upper North Shore lifestyle while prioritising walkability, wellbeing, and convenience.

Developer Capital Corporation's initial vision of a 62-hectare site on Fox Valley Road was that they could create their own walkable community, bordered by&nbsp;more than 25 hectares of bushland and adjoining Coups Creek.

<img alt="Wahroonga" data-entity-type="file" data-entity-uuid="b84917a1-0d75-49b9-888c-ddf7ebfd6692" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/NEW2026_Wahroonga_Walkway.gif?VersionId=Gk3_xi5ssYfalmwuQQ5umQakddceC31j" />

<a href="https://www.apartments.com.au/new-apartments/the-residences-at-wahroonga-estate-169-fox-valley-road-wahroonga-nsw-2076">The Residences at Wahroonga Estate</a> draws directly on the area’s natural landscape, with walking trails and green corridors linking into sections of Lane Cove National Park. The surrounding network of bushwalks, cycling tracks, and reserves reinforces the suburb’s long-standing reputation as one of Sydney’s most nature-oriented residential pockets, while still maintaining close ties to village retail and transport infrastructure.

The address places residents within minutes of Wahroonga and Turramurra villages, where cafés, local grocers, boutiques, and everyday services support a highly localised lifestyle. Popular nearby venues including The Fox Café and Breeze Valley Café provide easy options for morning coffee or casual dining, while longstanding retailers such as IGA Wahroonga Fresh and Novella Fine Books continue to anchor the area’s village character.

&nbsp;

<img alt="Wahroonga" data-entity-type="file" data-entity-uuid="c4a950f7-4f05-4370-b360-b106359788e5" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/2026_Wahroonga_Entry_Gates.gif?VersionId=7n5kh9ymu.azYEYDemJkPgiIAfSw44oj" />

Healthcare access remains one of the defining locational advantages of the estate. Sydney Adventist Hospital, known locally as The San, sits directly adjacent and is one of the largest and most respected private hospitals in New South Wales. The hospital precinct incorporates specialist medical services, radiology, physiotherapy, and outpatient care, contributing to growing buyer demand from downsizers and owner-occupiers seeking long-term convenience and peace of mind.

Research commissioned by Capital Corporation found that health and wellbeing considerations are increasingly influencing downsizing decisions, particularly among buyers wanting to remain within familiar neighbourhoods while accessing medical infrastructure more easily.

Education has also historically underpinned demand across Wahroonga and the broader Upper North Shore. The estate sits close to several of Sydney’s leading private and independent schools, including Knox Grammar, Abbotsleigh, Barker College, Pymble Ladies’ College, Ravenswood School for Girls, and Loreto Normanhurst. Co-educational options including Wahroonga Adventist School and Sydney Adventist School further strengthen the area’s appeal to established families looking for long-term schooling pathways within a tightly held catchment.

[smartcode_project:default project_id=135247 project_image_fid=262183]

Transport connectivity supports the suburb’s liveability without compromising its quieter residential character. Wahroonga and Turramurra train stations provide direct rail access into the Sydney CBD, while the nearby Pacific Highway and M1 motorway strengthen links across the North Shore and broader metropolitan area. At the same time, the heavily treed streetscape and low-density character continue to distinguish the precinct from more urbanised parts of Sydney.

The Residences at Wahroonga Estate forms the first stage of <a href="https://www.apartments.com.au/developers/capital-corporation">Capital Corporation</a>’s broader masterplanned vision for the precinct, delivered alongside the Seventh-day Adventist Church.

[smartcode_project:default project_id=135247 project_image_fid=364995]

Designed by <a href="https://www.apartments.com.au/architects/group-gsa">GroupGSA</a> with interiors by <a href="https://www.apartments.com.au/interior-designers/coco-republic-interior-design">Coco Republic</a>, the development integrates landscaped communal spaces including a pet-friendly Green Spine, resident lounge, BBQ pavilion, and direct bushland access, reinforcing the project’s focus on outdoor connection and community-based living.

Now under construction by Gold Star iCIRT-rated builder <a href="https://www.apartments.com.au/builders/dasco-australia">DASCO</a>, The Residences at Wahroonga Estate will deliver a collection of one, two, and three-bedroom apartments priced from $990,000, with completion anticipated in 2027.

[smartcode_project_cta:default project_id=135247]

Capital Corporation to cater to Upper North Shore downsizers by creating walkable community at The Residences at Wahroonga Estate

Westconnex

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Work on the new M4 tunnels from Homebush to Haberfield is almost complete with the project set to open in around four months.
The project is expected to taking around 10,000 trucks off Parramatta Road every day.
Premier Gladys Berejikilian and Minister for Roads Andrew Constance toured the nearly-completed M4 tunnels today, part of a seven kilometre section of WestConnex.
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.
“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.
“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.”
<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="">
Constance thanked the communities of the Inner West for their patience while the work was undertaken.
“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.
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.
Upon completion, WestConnex will provide a bypass of up to 52 sets of traffic lights.
“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.
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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">
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.
<div class="cq-article-content-paras section">
Justice Hammerschlag ruled the government's notice to acquire Desane's development site at 68-72 Lilyfield Road in Rozelle had no statutory effect.
"Compulsory acquisition of private property is no light matter. 
"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.
Desane will keep the land to progress the residential development of its $100 million 200-apartment project, its chairman Professor John Sheehan advised.
</div>
<div class="cq-article-content-paras section">
"I refer to Darryl Kerrigan in the movie The Castle," Professor Sheehan said after the court judgement.
"The court basically threw out the case."
<div class="cq-article-content-paras section">
"They were being mean and tricky and trying to steal the property from us. They conveniently overlooked the LEP [Local Environmental Plan]."
Click here <a href="https://www.propertyobserver.com.au/images/2018/5/1/west-connex.jpg" target="_blank">to enlarge.</a>
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"The bigger picture is that is is simply due to cost overruns, and the government is looking at value capture," he added.
They will acquire some sites on the fringe and get a development application... to offset the cost overrun," he said.
</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">
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“We are pleased that Justice Hammerschlag has found that the PAN issued by RMS was of no effect.”
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<div class="cq-article-content-paras section">
"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.
"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]."
</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"> </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">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.</div>
<div class="cq-article-content-media section"> </div>
<div class="cq-article-content-media section">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. </div>
<div class="cq-article-content-media section"> </div>
<div class="cq-article-content-media section">"An easement would no doubt have sufficed to achieve this requirement absent the parkland commitment," Justice Hammerschlag ruled. </div>
<div class="cq-article-content-media section"> </div>
<div class="cq-article-content-media section">"The same can be said of any works deep beneath the property.</div>
<div class="cq-article-content-media section"> </div>
<div class="cq-article-content-media section">"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."</div>
<div class="cq-article-content-media section"> </div>
<div class="cq-article-content-media section">
His Honour noted "in 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">"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."
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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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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?
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?
Any efforts then to reduce citizen participation, to stifle the question “What kind of city do we want to be?”, will meet with resistance.
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:
<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>
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.
<h2>How does democracy come into this?</h2>
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.
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.
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:
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.
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.
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.
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.
Transport infrastructure awakens controversy because these projects embody the debates that frame who we are as a group of people living in a city.
<h2>A process of sidelining the citizens</h2>
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.
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.
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.
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.
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.
This is common practice for transport infrastructure planning across Australia. It it is not what can be reasonably called “best practice” in citizen engagement.
The lack of transparency and carefully controlled consultation remove the publicness of infrastructure.
<h2>Market-led planning and its impacts</h2>
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.
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.
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.
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.
<h2>A way forward</h2>
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.
<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.
<a href="https://theconversation.com/profiles/crystal-legacy-18412" target="_blank">Crystal Legacy</a>, Senior Lecturer in Urban Planning, <a href="http://theconversation.com/institutions/university-of-melbourne-722" target="_blank">University of Melbourne</a>
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>.
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Citizens should be included when deciding on transport projects

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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.
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.
The pending battles concern timber and hardware company Swadlings and the crane business Gillespies.
The combined Swadlings and Gillespies sites of nearly 6500 square metres can yield about 200 apartments.
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>.
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.
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.
"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. 
"There was also a delay in the rezoning application process ahead of the compulsory acquisition of the property.
"If Swadlings cannot get a fair and reasonable outcome in the current discussions it will be forced to pursue every possible legal avenue."
Swadlings is a 100-year-old family business, said it was "watching closely the outcome of the Desane court case".
The RMS said both the sites were required for M4-M5 Link Rozelle Interchange.
"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.
"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."
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.
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.
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.
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.
The government had earlier said the site would be used as a "car park" for staff.
Desane's site could yield a $100 million 200-apartment project.
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Rozelle site owners battle WestConnex compulsory acquisitions

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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.
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.
The 5,275 sqm property is located at 68‐72 Lilyfield Road.
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.
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.
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