Supreme Court to hear appeal over North Melbourne and Flemington tower demolitions

Inner Melbourne Community Legal (IMCL) lodged the appeal to the Supreme Court on behalf of residents, over the government’s decision to demolish 44 towers by 2051.

It’s a decision they argue disregards the rights and well-being of the people who call the estates home.

IMCL’s managing lawyer for tenancy, Louisa Bassini, said the case came “at a critical time for residents of the North Melbourne and Flemington housing estates”, many of whom are still being pressured to accept relocation offers despite the pending legal challenge.

“Even though there has been an appeal in train for several months, residents have continued to be made final offers to relocate to new housing away from their community,” she said. “This is causing enormous stress for remaining residents who are fearful about their future.”

Ms Bassini said the appeal has “ramifications well beyond the two estates”, warning that hundreds of public housing homes could be lost from the inner city if demolition proceeds.

“This valuable public land must not be handed over to private developers; there must be a commitment to increase Victoria’s public housing stock,” she added.

“The government should be building more public housing on the land it owns, including new housing for residents who are temporarily relocated.”

The appeal challenges the earlier ruling by Justice Melinda Richards, who found that Homes Victoria had met its responsibilities under the Charter of Human Rights and Responsibilities Act.

IMCL argues the decision to demolish the towers was made without adequate regard for residents’ rights and without following mandatory processes, including consultation with the people affected.

“North Melbourne and Flemington residents were denied procedural fairness when the decision to demolish their homes was announced without any prior consultation with them,” Ms Bassini said.

“The first they knew about the plans was when they heard of them in the media. Next thing, Homes Victoria was knocking on their doors asking them to sign relocation agreements.”

She said there had been “obfuscation and a lack of transparency” about why demolition was deemed necessary and why retrofitting the towers was not considered a viable option.

The appeal was lodged on October 27, with the judges now considering their decision, which IMCL expect to take a few weeks or months.