June 3 2022
Car Park Super continues to fight for Paterson Street development after council rejection ... By Alison Foletta
The future of the old Birchalls car park on Paterson Street will soon be the subject of two separate legal fights as a developer looks set to take the City of Launceston to the planning appeals tribunal.
Car Park Super's refusal to sell the land to Creative Holdings as part of a $90 million creative precinct proposal ended up in the Federal Court, where a decision is being appealed on June 24.
In the meantime, Car Park Super's attempt to have a multi-storey car park built on the site was rejected by the council this week, and will likely be appealed in the planning tribunal.
The council has long backed plans for a creative precinct alongside the Birchall's site, and had plans to convert the car park into a bus mall.
The City of Launceston received a $10 million grant from the federal government for the creative precinct as part of Build Better Regions Round 4 ,and paid a $1.2 million bank cheque, or 10 per cent deposit, on the car park in July 2020.
Yet since then, the proposal has significantly dragged out, with the latest problem for the council being another looming legal challenge following its decision to reject a multi-storey car park on Thursday.
Landowner and Car Park Super developer Don Allen said the council had completely missed the point in rejecting the proposal for a multi-storey car park on the site.
The council on Thursday voted down a planning application for a multi-storey, multi-use development in Launceston's Paterson Street based on the fact it featured too many car park spaces.
Councillors mostly supported the recommendation to refuse the permit.
Councillors Tim Walker and Paul Spencer voted against the recommendation.
Car park or creative precinct? Birchalls site legal fight drags on
They argued that the council had to follow guidelines when sitting as a planning authority and agreed there were too many car parks in the designs and did not support the future of Launceston as a sustainable, pedestrian-friendly city that didn't have "cars circling the block for parks".
"It is not just a building for what we need now, it is a building that can be converted into what we need for the future," Mr Allan said.
This is in relation to the solution given by ARTAS to have higher floors for one of the car park stories so it could be converted in the future if no longer necessary.
Principal architect Scott Curran spoke for the permit at the council meeting and his words were reiterated in a statement from ARTAS Architects.
ARTAS was advised that this would result in a recommendation to refuse the application which Mr Curran said during the council meeting.
It is not just a building for what we need now, it is a building that can be converted into what we need for the future.
- Don Allan, Car Park Super
The solution they provided was to reduce the number of car parks to 124, however, ARTAS was advised the procedure would not allow the amendment and that ARTAS and Mr Allan would need to resubmit the plans with the new number of car parks.
During the council meeting, Councillor Rob Soward wanted to focus the debate on following the strict procedure they are adhered to when sitting as the city's planning authority.
"If we walked around and spoke to people about this and increased parking, there would be a perception that that's a good thing," he said.
"There is a bit of a Bermuda Triangle around that because when you drill down into the dark, it's a myth."
Cr Soward said emotion doesn't come into this and that council must follow the rules.
Mr Allan said they are considering appealing to the Tasmanian Civil and Administrative Tribunal, the state's newly renamed planning appeal authority, who they believe is likely to overturn the council's decision.
Previously Car Park Super was taken to Federal Court by Creative Holdings in 2021 over a sales contract for the car park on 41-43 Paterson Street, also known as the Birchalls car park.
A Federal Court found in favour of Car Park Super over the failed contract.
At the time, Federal Court of Australia Justice David said that "both the applicant and the respondent at various different times seemed to have lacked enthusiasm to complete the transaction".
Car Park Super stated it had never intended to sell the car park.
The Australian government had committed $7.5 million under the Community Development Grants Programme towards the precinct as well.
Under the BBRF Round 4 grant opportunity guidelines, funded projects must be completed by December 31, 2022, with all funding expended before June 2023. Extensions may be considered on a case-by-case basis.
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Launceston creative precinct: $90m project unveiled
Updated July 2 2021 - 2:56am, first published June 6 2020 - 4:30am
PROPOSAL: An artist's impression of the new creative precinct that is being funded by investor group New Creative, along with the state and federal governments. Picture: supplied
A vision to put Launceston on the world stage for the best artistic, cultural and creative thinkers will result in a unique development.
New Creative Group is a consortium of designers, strategists and educators who have banded together to develop the vision for a $90 million Launceston Creative Precinct, unveiled today.
The consortium was founded and is headed up by Chris Billing, who also is the founder of education institution Foundry.
The Creative Precinct will be home to a new creative hub, situated on the existing Paterson Street Central car park. Negotiations on the sale of the car park are ongoing between New Creative, the City of Launceston council and the owner. Care Park leases the land.
Foundry will be the cornerstone of the new creative precinct. It will take up residence in a new purpose-built campus, which will allow the organisation to expand its enrolment places.
Other elements of the hub will include learning spaces, commercial tenancies and retail spaces to link to the other parts of the hub, such as the bus mall and Birchalls' retail space. The bus mall and Birchalls are being developed in conjunction with the creative industries hub but will be developed by the City of Launceston council.
New Creative director Mr Billing said the creative hub was a project driven by private investment and would position Launceston at the forefront of the nation but also the world in innovative education.
"It is an exciting time for Launceston, as we work towards a creative vision that will drive an influx of fresh space and new thinking helping us build our local economy and foster internationally recognised education," Mr Billing said.
"We are seeking to put Launceston on the map as a new creative and cultural hub ... a hub that people around Australia will know as a hot spot for emerging design and creative activities."
In Tasmania, there are more than 9000 people directly employed in the cultural and creative industries, and the sector contributes more than $30 billion annually in Australia.
A vital part of the hub will be the purpose-built campus for Foundry, which Mr Billing said would open up new streams of student cohorts for its course offerings.
Updated July 2 2021 - 2:56am, first published June 6 2020 - 4:30am
PROPOSAL: An artist's impression of the new creative precinct that is being funded by investor group New Creative, along with the state and federal governments. Picture: supplied
A vision to put Launceston on the world stage for the best artistic, cultural and creative thinkers will result in a unique development.
New Creative Group is a consortium of designers, strategists and educators who have banded together to develop the vision for a $90 million Launceston Creative Precinct, unveiled today.
The consortium was founded and is headed up by Chris Billing, who also is the founder of education institution Foundry.
The Creative Precinct will be home to a new creative hub, situated on the existing Paterson Street Central car park. Negotiations on the sale of the car park are ongoing between New Creative, the City of Launceston council and the owner. Care Park leases the land.
Foundry will be the cornerstone of the new creative precinct. It will take up residence in a new purpose-built campus, which will allow the organisation to expand its enrolment places.
Other elements of the hub will include learning spaces, commercial tenancies and retail spaces to link to the other parts of the hub, such as the bus mall and Birchalls' retail space. The bus mall and Birchalls are being developed in conjunction with the creative industries hub but will be developed by the City of Launceston council.
New Creative director Mr Billing said the creative hub was a project driven by private investment and would position Launceston at the forefront of the nation but also the world in innovative education.
"It is an exciting time for Launceston, as we work towards a creative vision that will drive an influx of fresh space and new thinking helping us build our local economy and foster internationally recognised education," Mr Billing said.
"We are seeking to put Launceston on the map as a new creative and cultural hub ... a hub that people around Australia will know as a hot spot for emerging design and creative activities."
In Tasmania, there are more than 9000 people directly employed in the cultural and creative industries, and the sector contributes more than $30 billion annually in Australia.
A vital part of the hub will be the purpose-built campus for Foundry, which Mr Billing said would open up new streams of student cohorts for its course offerings.
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Questions raised over viability of proposed Launceston educational precinct
By Jackson Worthington Updated April 15 2021 - 12:44am, first published June 6 2020 - 5:00pm
PROPOSAL: An artist's impression of the new creative precinct. Picture: supplied
By Jackson Worthington Updated April 15 2021 - 12:44am, first published June 6 2020 - 5:00pm
PROPOSAL: An artist's impression of the new creative precinct. Picture: supplied
Private investors who are partnering with City of Launceston council for a $90 million development in the CBD dodged questions about where their funding is coming from at the project's launch.
The project which will see an educational precinct and bus exchange built on Paterson Street, in the old Birchalls building, is a partnership between the council and New Creative Group.
The council will be responsible for developing the bus exchange and an arcade walkway between the exchange and Brisbane Street Mall.
New Creative Group, which is a consortium of investors made up of Foundry, For the People and Creative Property Limited, will be responsible for the educational precinct, which will be entirely funded by private investment.
Launceston creative precinct: $90m project unveiled
Birchalls site to be revamped for food court, bus mall planned by City of Launceston
Managing director Christopher Billing, who is also the founding director of Foundry, described Creative Property Limited as a project company backed by a leading private investment firm and other private backers.
However, he declined to name who that investment firm is or who the other investors are.
In May, Foundry came under fire for underpaying some staff entitlements on and off since 2017.
Mr Billing said the company had since received new investment and all staff had been paid their proper entitlements.
But he again declined to comment on who the new investment came from or how much was invested.
He said the delay in payment was COVID-19-related.
"It has been very challenging with COVID, we had some challenging times pre-COVID but we are absolutely exasperated by the COVID situation," Mr Billing said.
"With that [new] investment we are excited about looking for Foundry to further develop its offerings, further develop its partnerships and looking to grow into the Launceston Creative Precinct."
The Australian Education Union's TAFE division president in Tasmania, Simon Bailey, questioned the long-term viability of the precinct proposal given recent revelations about Foundry.
"This is a huge investment that Foundry claims they are going to do, so one questions the viability and their ability to be able to manage their own business," he said.
He said investments from the state and federal governments could have been better used to support infrastructure for the TAFE campus in Launceston.
"TasTAFE has moved and shut down their Launceston CBD campus due to the viability and not having the money to upkeep it and they have moved their delivery out to Alanvale," he said.
"We know students are already complaining that it is too hard to get to and the transport that is provided doesn't meet the program's requirements."
"At the end of the day they are for profit, TAFE is there for education and student outcomes ... it is disappointing again to see taxpayers' money could be funnelled into the TAFE system ... yet it is going to a private provider."
When asked if the council had any concerns about partnering with Foundry, Launceston mayor Albert van Zetten said some sections of the media had reported inaccurately but admitted he had not contacted Foundry staff about the underpayments.
Launceston Chamber of Commerce and Industry chief executive Neil Grose downplayed concerns.
"I think you are conflating a small issue with a big issue," he said.
"What this does is actually give an organisation like Foundry a really strong future. This is their expansion, this is their growth."
The project which will see an educational precinct and bus exchange built on Paterson Street, in the old Birchalls building, is a partnership between the council and New Creative Group.
The council will be responsible for developing the bus exchange and an arcade walkway between the exchange and Brisbane Street Mall.
New Creative Group, which is a consortium of investors made up of Foundry, For the People and Creative Property Limited, will be responsible for the educational precinct, which will be entirely funded by private investment.
Launceston creative precinct: $90m project unveiled
Birchalls site to be revamped for food court, bus mall planned by City of Launceston
Managing director Christopher Billing, who is also the founding director of Foundry, described Creative Property Limited as a project company backed by a leading private investment firm and other private backers.
However, he declined to name who that investment firm is or who the other investors are.
In May, Foundry came under fire for underpaying some staff entitlements on and off since 2017.
Mr Billing said the company had since received new investment and all staff had been paid their proper entitlements.
But he again declined to comment on who the new investment came from or how much was invested.
He said the delay in payment was COVID-19-related.
"It has been very challenging with COVID, we had some challenging times pre-COVID but we are absolutely exasperated by the COVID situation," Mr Billing said.
"With that [new] investment we are excited about looking for Foundry to further develop its offerings, further develop its partnerships and looking to grow into the Launceston Creative Precinct."
The Australian Education Union's TAFE division president in Tasmania, Simon Bailey, questioned the long-term viability of the precinct proposal given recent revelations about Foundry.
"This is a huge investment that Foundry claims they are going to do, so one questions the viability and their ability to be able to manage their own business," he said.
He said investments from the state and federal governments could have been better used to support infrastructure for the TAFE campus in Launceston.
"TasTAFE has moved and shut down their Launceston CBD campus due to the viability and not having the money to upkeep it and they have moved their delivery out to Alanvale," he said.
"We know students are already complaining that it is too hard to get to and the transport that is provided doesn't meet the program's requirements."
"At the end of the day they are for profit, TAFE is there for education and student outcomes ... it is disappointing again to see taxpayers' money could be funnelled into the TAFE system ... yet it is going to a private provider."
When asked if the council had any concerns about partnering with Foundry, Launceston mayor Albert van Zetten said some sections of the media had reported inaccurately but admitted he had not contacted Foundry staff about the underpayments.
Launceston Chamber of Commerce and Industry chief executive Neil Grose downplayed concerns.
"I think you are conflating a small issue with a big issue," he said.
"What this does is actually give an organisation like Foundry a really strong future. This is their expansion, this is their growth."
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