Commentary on Blake Street and Waratah Street.
See Waratah Street here: https://planinc.org.au/the-privatisation-of-7-waratah-crescent-land-historically-zoned-community-purposes/
It shows how urgently we need to draw public attention to the lack of statutory protections for community land in the NT, which is far weaker than in other states .
There is a common pattern: land historically zoned for Community Purpose (CP) is first rezoned to strip away its protections, and then it is quietly converted to freehold title and sold — without any public notification and without any independent body assessing whether its repurposed use delivers public benefit.
At 7 Waratah Crescent, this problem is even more glaring:
• The land was rezoned while it was still being actively used as a community sports facility serving multiple sports groups (Sports House), despite massive community opposition.
• A year later, it was quietly transferred as freehold title to the government-owned Land Development Corporation (LDC) without public notification — and now the same NT Government is proponent as well as developer and decision maker.
As we know, separation of powers is fundamental to good governance and is required of any public or private body that uses public funds and manages public assets. Clear delineation of roles is seen to be essential to ensure accountability and transparency.
I was curious so I did this comparison of 7 Waratah Crescent vs. Blake Street
1. Community purpose land rezoned
• 7 Waratah Crescent: Rezoned from CP to MR while it was still in active use by multiple community sports groups. Despite an 11,000-signature petition, no replacement community facility has ever been delivered.
• Blake Street: Rezoned from CP to Specific Use (SD46) in 2015 despite community opposition, but the land was not actively used as a facility at the time.
2. Lack of Separation of Powers
• Blake Street: After rezoning, the land was quietly converted to freehold and sold to private developer Kalhmera Pty Ltd (Michael and Gina Makrylos) — without any public notification or independent oversight. The NT Government was both the proponent and decision maker.
• 7 Waratah Crescent: The land was quietly transferred to LDC, a government-owned developer. The same NT Government is proponent as well as developer and decision maker, creating a clear conflict of interest.
3. Public Consultation Gaps
• Blake Street: Public consultation only occurred during rezoning. There was no public input when the land was converted to freehold and sold.
• 7 Waratah Crescent: Public consultation only occurred during rezoning, not when the land was transferred to the Land Development Corporation as freehold title. No independent public-benefit review was conducted despite the loss of a valued community facility.
4. Broader Pattern
• Both cases show how NT law enables public land to be repurposed and privatised without transparency or public notification, unlike other states where both rezoning as well as disposal of community land trigger robust public consultation and independent review.
This is because Northern Territory legislation does not require public notification for the conversion of land to freehold or its sale once rezoning has occurred. Public consultation is only mandated during the rezoning process or when a development permit is sought.
Relevant NT Legislation
• Planning Act 1999 (NT): This Act governs rezoning and development approvals but does not require public notification for the disposal or freehold conversion of land.
https://legislation.nt.gov.au/Legislation/PLANNING-ACT-1999
• NT Planning Scheme 2020: Sets out the zoning and development rules, but again, public notification applies to rezoning and development permits, not to land disposal.
https://nt.gov.au/property/land-planning-and-development/our-planning-system/nt-planning-scheme
• Crown Lands Act 1992 (NT): Under Part 6, the Minister may dispose of or grant estates in Crown land, including freehold, without public notification being mandated (e.g., see Section 55).
https://legislation.nt.gov.au/Legislation/CROWN-LANDS-ACT-1992
This is why PLAN is calling for structural reforms to prevent the further loss of community land
Some areas of reform needed are:
1. Clear delineation of roles and separation of powers between proponent, developer, and decision maker wherever the repurposing of community land is being considered. Independent panels must review rezoning and land disposal decisions.
2. Statutory public notification and consultation – Required not just for rezoning, but also for conversion of public/community land to freehold title or sale.
3. Mandatory public-benefit and impact assessments before rezoning – Including traffic, parking, storm surge, and flood risk studies, which must be completed and made public before any rezoning approval.
4. Retention or replacement of community facilities – When Community Purpose land is lost, there should be a legal obligation to deliver equivalent community infrastructure.
From the NT News 1 July 2025
NTCAT finds in favour of builder in Blake Street development decision
Camden Smith
A Northern Territory builder has had a significant legal victory in his fight to develop a residential apartment complex in an inner-Darwin suburb.
The Northern Territory Civil and Administrative Tribunal ended months of uncertainty on Monday when it ordered in favour of developer Kalhmera Pty Ltd, proponents of the Elysium Green development in Blake Street, The Gardens.
Community group Planning for People led by former NT chief magistrate Hugh Bradley took its decade-long fight against the development to the NT Administrative Appeals Tribunal in an attempt to overturn an earlier Development Consent Authority decision that found in favour of the project.
In the opposite corner, Kalhmera’s Michael Makrylos maintained the project had merit and would go ahead.
After months of delays by the NTCAT which prompted all parties involved in the dispute to call for a decision, this week marks a significant development in the life of the drawn-out project.
Presiding NTCAT member Ron Levy found the Development Consent Authority’s August 24, 2021 determination relating to 4 Blake Street “is confirmed”.
In August 2021 the DCA approved with amendments an application to develop 67 two-bedroom and 34 three-bedroom apartments with ground floor commercial tenancies in a twin-towered, seven storey building, including basement at 4 Blake Street.
It followed the 2015 decision by former Planning Minister David Tollner to rezone Lot 7820, adjacent to the old Channel 9 building, from community use to a specific use zone, which would allow a specified residential development at the site.
The Gardens’ residents have fought the proposed development. Picture: (A)manda Parkinson
In March 2023, the NTCAT found the DCA had “manifestly” failed to consider the potential impact of the proposed development on the existing and future amenity of the Blake Street-The Gardens area.
After a series of legal back and forths between the NTCAT and Supreme Court since then, Mr Levy’s order this week reaffirmed an earlier comment by Supreme Court judge Meredith Huntingford that a decision around manifest failure “is not to be lightly reached”.
“I am otherwise not satisfied that this precondition is established by the evidence before the tribunal,” the NTCAT report said.
“That evidence comprehensively demonstrated that the DCA carefully considered, and took ‘into account’ the items listed in … the Planning Act 1999.”
He said differences in opinion from “reasonable minds” did not mean the DCA failed to apply the planning scheme.
“Nor can it be said, in my view, that the DCA’s determination would ‘result in a planning
outcome manifestly contrary to a provision of the planning scheme’ – as submitted by Planning for the People
“I accept that the DCA carefully considered the evidence and submissions by reference to the planning scheme. There is no evidence that the DCA failed to perform its task independently; rather, it simply formed a different view on the material than that favoured by Planning for People.”
Representatives from Kalhmera and Planning for People have been contacted for comment.
Last month, the NT News reported both parties in the dispute had called for a decision by the NTCAT after months of inexplicable delays.
The hold-ups frustrated the CLP Government, with Attorney-General Marie-Clare Boothby acknowledging the process had “dragged on”.
See previous post here: https://planinc.org.au/planning-alert-4-blake-street-the-gardens/