Public housing to be razed after appeals court gives final green light

The legal green light has been given to demolish three of Melbourne’s public housing towers in the city’s inner north, after the Court of Appeal dismissed a last-ditch bid by residents to save their homes.

The Court of Appeal on Friday morning upheld an original ruling that the state government’s 30-year redevelopment plan had not impinged on tenants’ human rights, despite intense criticism from a parliamentary inquiry that accused the state of a “blatant disregard for democratic accountability”.

The court’s ruling allows the state to proceed with the demolition of the first three occupied towers – 33 Alfred Street in North Melbourne, and 120 Racecourse Road and 12 Holland Court in Flemington – where 91 per cent of tenants have been moved out, according to the government. Early demolition works have already begun, and the towers are set to be torn down next year.

Outside court, Louisa Bassini, managing lawyer at Inner Melbourne Community Legal, expressed deep disappointment, noting the decision meant the notices to vacate could now be served to the final remaining tenants.

“Some of our clients will be facing the prospect of eviction leading up to the Christmas period,” she said.

The government says the current buildings fail noise, sustainability, energy efficiency, ventilation, private open space and seismic standards, as well as accessibility and minimum amenity standards.

The wider project will eventually move 10,000 residents at 44 sites across Melbourne and lease the public land to private developers for 40 years. The sites will be rebuilt with a mix of private rentals and “community housing” – properties owned and managed by not-for-profit organisations, rather than the state.

So far, the only traditional public housing confirmed to be rebuilt is a pair of red-brick towers in Carlton, for which the federal government has committed separate funding.

R-Coo Tran, a spokeswoman for the group 44 Flats United – which comprises tenants from across all 44 towers slated for redevelopment – said the group had vowed to continue fighting the plans despite the court’s ruling.

“The only thing that will safeguard public housing for current and future generations to come is the power of residents standing up and organising together against these atrocious plans,” she said.

“We want the Allan government to know, leading into an election year, that community support for our campaign is growing and that we will continue to fight them at every door, on every floor, of every building, on every estate until they drop these plans.”

Housing Minister Harriet Shing welcomed the decision, saying families “deserve homes to be proud of” and in a statement took aim the Greens – strident opponents of the redevelopment plan.

“The Greens’ hypocrisy on the towers redevelopment is breathtaking – calling for more housing while simultaneously blocking and opposing its delivery,” she said.

The court’s ruling follows a scathing final report from a year-long parliamentary inquiry this month, which called for the immediate halt to the demolition program until the Allan government hands over key evidence justifying the multibillion-dollar project.

The final report, tabled in parliament’s upper house, recommended an “independent legal arbiter” be appointed to review 146 secret documents the government has blocked under “executive privilege”. The report accused the Allan government of ignoring parliamentary rules to hide the key documents.

The committee found the refusal to produce the documents meant it was impossible for parliament to verify if demolition, followed by a rebuild, was the most cost-effective option instead of infill and refurbishment.

Greens housing spokesperson Gabrielle de Vietri said Friday’s court loss did not absolve the government of its obligation to release the documents.

“If Labor’s case stacks up, they should release the documents and let them be independently assessed,” she said.

“People are seeing that Labor’s mass demolition and privatisation of public housing has no legs to stand on, and it is only a matter of time until the wheels fall completely off.”

Opposition housing spokesman David Southwick has committed to releasing the secret documents if the Coalition wins government in November, saying “the public deserves to know what Labor are hiding and exactly what they have signed taxpayers up to”.

The Court of Appeal refused a bid by the state government to force the residents to pay $10,000 in its legal costs. Justice Richard Niall noted that while the residents’ appeal was dismissed, the case involved “very complicated questions of law” of importance to the public and that the decision to implement the housing policy without consultation had caused “significant grief” to residents.

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