The Urban Developer
AdvertiseEventsWebinars
Urbanity
Awards
Sign In
Membership
Latest
Menu
Location
Sector
Category
Content
Type
Newsletters
Untitled design (8)
25 DAYS UNTIL OUR UNMISSABLE FLAGSHIP CONFERENCE 29-31 JULY, GOLD COAST
25 DAYS UNTIL OUR FLAGSHIP CONFERENCE 29-31 JULY, GOLD COAST
SECURE YOUR SPOTDETAILS
TheUrbanDeveloper
Follow
About
About Us
Membership
Awards
Events
Webinars
Listings
Resources
Terms & Conditions
Commenting Policy
Privacy Policy
Republishing Guidelines
Editorial Charter
Complaints Handling Policy
Contact
General Enquiries
Advertise
Contribution Enquiry
Project Submission
Membership Enquiry
Newsletter
Stay up to date and with the latest news, projects, deals and features.
Subscribe
OfficeAna NarvaezThu 17 May 18

Gurner Sues Victorian Planning Minister Over Halted Project

TUD+ MEMBER CONTENT
207dbec6-145a-44c7-a6f3-08b4ceb2b2c0
SHARE
10
print
Print

A long-standing stoush between developer Tim Gurner and Victorian planning minister Richard Wynne has come to a head, with the developer lodging a claim against the minister in the Victorian Supreme Court.

In an extraordinary move by the property developer, his legal team has lodged a claim this week contending that the minister has “misapplied his discretion” and "acted beyond his power" when he intervened to block Gurner’s latest apartment project in Collingwood.

The project, one of three Gurner sites frozen in planning due to height controls, was halted when the planning minister approved an interim amendment with immediate effect that covered all “live” planning permits on the inner-city Johnston Street.

Related reading: Gurner Criticises Fishermans Bend Development Halt


The statement of claim relates to Gurner's 12-storey apartment project at 23-33 Johnston Street.

The amendment mandated a maximum height limit of between 21 and 31 metres – up to 10-storeys – on six sections of the street. The street is at the heart of minister Wynne’s Richmond electorate which he holds by a narrow margin from the Greens.

The developer’s high-flying legal team is seeking a declaration that the minister's decision to approve the amendment (Amendment C237) was affected by legal error, was invalid and of no legal effect.

The developer is also seeking costs.

Related reading: Gurner Switches Gears with $120m Office Project


The minister has previously imposed what the developer calls “site specific” height restrictions on the Gurner’s controversial 26-56 Queens Parade site in North Fitzroy.

A third site, at the Fishermans Bend precinct, was caught up among a swathe of apartment projects after the Minister put on hold $4.5 billion worth of high-rise developments.

The developer has publicly questioned the motivations of the planning minister, accusing Wynne’s actions of being “site specific to our proposals without any fair or reasonable consultation process.”

"For the Planning Minister to intervene in such a way – without following any correct consultative process and without any transparency – is very concerning for the industry and the planning system," Gurner said.

"We have formally issued Freedom of Information requests to the Planning Minister, the Premier's office, the Department and Council, to ensure that we can discover the true motivations behind this radical action, that was site specific to our proposals without any fair or reasonable consultation process."

--– Gurner founder Tim Gurner.

Gurner goes on to claim that Wynne “deliberately manipulated” the timing of two of the three cases in order to ensure that his applications would fail to receive a permit at the Victorian Civil and Administrative Tribunal.

The minister has previously said that the amendment will protect the Collingwood arts precinct – which neighbours the 1800sq m site – from overshadowing and visual bulk which could lead to an “unreasonable loss of amenity”.

The Urban Developer reached out to Richard Wynne for comment, but the minister had not responded by the time of publication.

ResidentialAustraliaMelbourneSector
AUTHOR
Ana Narvaez
The Urban Developer - Editorial Director
More articles by this author
ADVERTISEMENT
TOP STORIES
Exclusive

Carparking Correlation: How Parking Fees Provide Office Sector Health Check

Taryn Paris
6 Min
Molti chief Ben Teague out front of 32 Mercer Road Aramadale (rendering)
Exclusive

Buy to the Sound of Cannons: Molti’s Counter-Cyclical Move to Melbourne

Leon Della Bosca
5 Min
Exclusive

Tapping the Bunnings ‘Halo Effect’

Taryn Paris
5 Min
Exclusive

‘Construction Not a Scale Game’: Hutchinson

Phil Bartsch
9 Min
Nation's build-to-rent project Charlie Parker in Sydney's Parramatta where more projects are being located and built outside the CBD.
Exclusive

Foreign Capital Still Dominates BtR but Things are Changing

Marisa Wikramanayake
7 Min
View All >
ESR building ESR completes delisting
Industrial

ESR Reveals New Team After Hong Kong Delisting

Leon Della Bosca
the four concept towers approved for sydney metro's parramatta precinct
Development

Rush of Approvals Sends Parramatta Skywards

Renee McKeown
Bunnings Clyde North
Markets

Bunnings Sold On as Charter Hall Doubles Down on Retail

Leon Della Bosca
The property giant has paid $315 million for shopping centres in Melbourne and Sydney as its repositioning gains steam… …
LATEST
ESR building ESR completes delisting
Industrial

ESR Reveals New Team After Hong Kong Delisting

Leon Della Bosca
3 Min
the four concept towers approved for sydney metro's parramatta precinct
Development

Rush of Approvals Sends Parramatta Skywards

Renee McKeown
2 Min
Bunnings Clyde North
Markets

Bunnings Sold On as Charter Hall Doubles Down on Retail

Leon Della Bosca
2 Min
The construction site which will one day become Newcastle Tallest Tower by Urban Property Group
Residential

Urban Property Group Reveals Newcastle Tallest Tower Plan

Renee McKeown
3 Min
View All >
ADVERTISEMENT
Article originally posted at: https://theurbandeveloper.com/articles/gurner-sues-victorian-planning-minister-over-halted-project