Community Group Challenges Decision to Count Ocean Water as Public Open Space

DARWIN, NT — The Planning Action Network (PLan) has called out a planning interpretation that allows ocean water below the high tide mark to satisfy statutory public open space requirements for a commercial hotel development on Stokes Hill Road.

At a Development Consent Authority (DCA) hearing considering a proposed six-storey, 108-suite hotel at 39 Stokes Hill Road (Lot 7495), the authority accepted the inclusion of permanently submerged harbour land to satisfy Clause 5.9.2.9 of the NT Planning Scheme 2020. The clause requires large commercial developments on sites over 3,500sqm to dedicate at least 10% of their area (408sqm) to publicly accessible open space.

To meet this requirement, the proposal counted 1,100sqm of area comprised largely of submerged harbour water, intertidal rockwall, and narrow footpaths. The DCA accepted this calculation, stating in its official record that inundated harbour land fulfills public open space rules because the public can access it for fishing.

“This is quite literally a bottom-of-the-harbour scheme,” said Nick Kirlew, Convener of PLan. “Public open space rules exist so that dense developments give back usable civic space, green plazas, and pathways on solid ground. Counting the ocean floor to pass a 10% quota on paper sets an absurd precedent for coastal titles across the Northern Territory.”

The DCA deferred the development application for 30 days to require the developer to address five technical shortfalls, including privacy impacts on the adjacent Larrakia Cultural Centre and unresolved traffic and drop-off mechanics. PLan is urging the Minister for Infrastructure, Planning and Logistics to clarify the planning scheme before the DCA reconvenes.

“When the community asks for accessible public space at the Waterfront, telling them to bring a snorkel isn’t a planning solution,” Mr. Kirlew said. “We need genuine, usable public space built on land, not submerged beneath the tide.”

ENDS

Media Contact:

Nick Kirlew, Convener — PLan (Planning Action Network Inc)

0447 499 794 | nick@planinc.org.au