Construction of the Elysium Green apartment complex in The Gardens has been enabled after the Northern Territory Civil and Administrative Tribunal ruled in favour of the developer Kalhmera, the NT News has reported.

Community group Planning for People was contesting a Development Consent Authority decision from August 2021 to approve the project, the proponent of which is a development company owned by Michael Makrylos.

The paper reported that after several delays, NTCAT upheld the DCA’s decision to approve the development at 4 Blake Street, The Gardens.

The approval provides for 67 two-bedroom and 34 three-bedroom apartments with commercial tenancies on the ground floors of the twin-towered, seven-storey buildings, which include basements.

The development was originally proposed as a 118 unit complex, Kalhmera later reduced to 101 units.

NTCAT found in March 2023 that the DCA had “manifestly” failed to consider the potential impact on the existing and future amenity of the area. In addition to multiple NTCAT hearings, there were Supreme Court actions in 2021 and 2024.

The land concerned was rezoned from community use to a specific use in 2015 by former Planning Minister David Tollner, which allowed specified residential development.

The NT News reported that presiding NTCAT member Ron Levy on Monday echoed Supreme Court judge Meredith Huntingford’s finding that manifest failure “is not to be lightly reached” and said differences in opinion did not mean the DCA failed to apply the planning scheme.

“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.

“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.”