Fortitude Valley McWhirters Access Closed

[BribieG]

I note that the (admittedly disgusting and deteriorating) corridor between FV station food court and McWhirters has been closed off indefinitely. It will be interesting to see what businesses close their doors in the near future as that route was a perfect source of passing trade.

Also anyone heading for Chinatown or the Brunswick Street Mall now has to exit via the main station doors and negotiate busy Brunswick and Wickham Streets. Previously you could go to Chinatown and back without coming into contact with road traffic. Hopefully there won't now be a spate of pedestrians being mowed down. I wonder if this is really a temporary move or if it will become a permanent closure. Anywhere else in the world the council or State Govt would slam on a compulsory purchase order and take the complex off the arrogant antisocial goon who owns the old Waltons site, and put it up for tender.

[STB]

This link below provides some info regarding the current closure which even caught me out earlier this week.

http://theindependentbrisbane.blogspot.com/2012/01/traders-facing-ruin-over-walkway.html

[STB]

Just found a Wiki that has good info regarding this history and what led up to the current closure.  Turns out it's a combined political mess between BCC and the State Government, plus both owners of the buildings seem to be as bad as each other who seem to be running things on the cheap and showing not much interest in maintaining the building, but just seems to be preferring to rake in the money from the local businesses that reside there.

Very unfortunate situation.

http://waltons.wikia.com/wiki/Waltons_Wiki#Timeline_.28Mount_Cathay_period.2C_2012.29

[SteelPan]

I've long called for much of Fortitude Valley to be given over to the RAAF as a temporary urban bombing range - be a good workout for the new Super Bugs.

Only by clearing out completely, the mess that is Fortitude Valley, can it begin anew!  Not much that's been tried over the last 20yrs has worked!

[p858snake]

Only by clearing out completely, the mess that is Fortitude Valley, can it begin anew!  Not much that's been tried over the last 20yrs has worked!

The major issue, is that government level can't force private property owners to maintain buildings really if they aren't open to the public, So its basically resulted in all these people just sitting on empty buildings wanting to demol (much more money in a multistory building than a 2 story shop), while the council wants to see these renervated to maintain cultural heritage (As they should!), so since the owners of the two shops don't want to spend money to maintain them none of the others are willing either, nor are they willing to sell because they are waiting for a change in council that will allow it because they are sitting on a money land mine.


Government should be able to force sale/ownership change if property is designated retail/business zonage and left derelict and a risk to public safety after X years and no attempt to fix.

[somebody]

Government should be able to force sale/ownership change if property is designated retail/business zonage and left derelict and a risk to public safety after X years and no attempt to fix.

They certainly can force buying it and after that they can do what they want with it.

[SteelPan]

Government should be able to force sale/ownership change if property is designated retail/business zonage and left derelict and a risk to public safety after X years and no attempt to fix.

They certainly can force buying it and after that they can do what they want with it.

Buildings owners AND council AND state govt need to talk and sort out an AGREED forward plan.  What that is I don't know.  A starting point would be an EMPOWERED COMMUNITY, COUNCIL AND GOVT BASED Fortitude Valley Renewal ACTIONForce - putting ALL the issues on the table - learn what REALLY are the issues, for example, the Valley has not lacked for public transit, but this really isn't helping it - are two malls really working - are any malls really neded?  Is the concentrated nightclub district a good thing for the area - discuss, research, learn!  Then, take that informed position and get into ACTION.

Time for some serious Valley specific research!  

[p858snake]

Government should be able to force sale/ownership change if property is designated retail/business zonage and left derelict and a risk to public safety after X years and no attempt to fix.

They certainly can force buying it and after that they can do what they want with it.

I'm pretty sure they can't just do a resumption, They need to do other stuff as well (show its blocking a major project or something). And there would be a shitstorm claiming corruption if they just resumed+sold on properties.

[somebody]

Government should be able to force sale/ownership change if property is designated retail/business zonage and left derelict and a risk to public safety after X years and no attempt to fix.

They certainly can force buying it and after that they can do what they want with it.

I'm pretty sure they can't just do a resumption, They need to do other stuff as well (show its blocking a major project or something). And there would be a shitstorm claiming corruption if they just resumed+sold on properties.

It just has to be "on just terms" AIUI.

[SteelPan]

Government should be able to force sale/ownership change if property is designated retail/business zonage and left derelict and a risk to public safety after X years and no attempt to fix.

They certainly can force buying it and after that they can do what they want with it.

I'm pretty sure they can't just do a resumption, They need to do other stuff as well (show its blocking a major project or something). And there would be a shitstorm claiming corruption if they just resumed+sold on properties.

It just has to be "on just terms" AIUI.

It's all about the "vibe" 

[SurfRail]

It just has to be "on just terms" AIUI.

I don't believe that is quite correct for Queensland.

There is no constitutional restriction on the Queensland Government seizing property and not paying up (to the extent that it does not conflict with anything federally-related).  However the Acquisition of Land Act is a legislative restriction which does prescribe what needs to happen, and there are processes in there for compensation.  (I am not an expert - I only deal with it very peripherally in my work.)

The distinction is that while the Commonwealth is bound to compensate on just terms when it acquires property, the Queensland Government would be "free" constitutionally to repeal the AoLA and not replace it with anything.

[somebody]

QLD wouldn't be bound by what is in the Federal constitution?

[SurfRail]

QLD wouldn't be bound by what is in the Federal constitution?

The Commonwealth Constitution restricts the states in other ways (eg no state can produce its own currency, raise a defence force, restrict rights of appeal to the High Court etc).  States also cannot make laws inconsistent with the Commonwealth Constitution, but that would not be an issue in this instance.  The just terms compensation provisions are specifically a restriction on Federal legislative powers, not on the States' powers.  Likewise, trial by jury is only guaranteed for federal crimes and only those on indictment.

(My current bugbear is the collection of loonies who think that local government is actually illegal because they have no understanding of the law, in particular the effect of a referendum.)

[somebody]

Ahh, I see.  That clause is from section 51, powers of the Parliament, so it makes sense that it doesn't apply down to the states.   

(My current bugbear is the collection of loonies who think that local government is actually illegal because they have no understanding of the law, in particular the effect of a referendum.)

Isn't local government established by an Act of state parliament(s)?  I would have thought it was quite simple.

[SurfRail]

Isn't local government established by an Act of state parliament(s)?  I would have thought it was quite simple.

You aren't a raving loonie.   

Other popular conspiracy theories are that all land in Queensland is owned by the Brigalow Corporation - which was nothing more than a pastoral authority that no longer exists - that there is no common law anymore, and that Queensland is a publicly traded company on the NYSE. 

These all stem from people misinterpreting basic things because they think lawyers, judges and the legal system are unreliable narrators, being part of the conspiracy and all that, and so they can't be trusted to explain anything.

[HappyTrainGuy]

Objection. Badgering the witness!

[ozbob]

From the Brisbanetimes click here!

Deputy Premier buys into Valley dispute

Deputy Premier buys into Valley dispute
Tony Moore
February 2, 2012 - 5:08PM

Queensland's deputy premier has today weighed into a Fortitude Valley property dispute between two millionaire property owners that is financially strangling 40 to 50 small businesses.

Ten jobs have been lost since Christmas and the first small business is expected to leave this month.

Two Fortitude Valley businesses, Mount Cathay Pty Ltd and Happy Valley, are feuding.

In December Mount Cathay Pty Ltd closed fire doors across an internal walkaway inside a building which connects the Fortitude Valley train station to the McWhirters Centre.

Happy Valley is the property manager of the walkway, owned by Mount Cathay.

Effectively the internal walkway between the train station and the iconic McWhirters Building is in private hands.

About 4000 commuters each day were using the walkway.

Andrew Fraser, who spoke at the Valley Chamber of Commerce and Industry Chinese New Year event, said "as a last resort", the state government could acquire the easement to the station.

"As a last resort the state will look to investigate the legal options to acquiring an easement," he said.

"But that would be something that would only be done having exhausted the opportunity for that commercial negotiation."

Mr Fraser said the state government was providing "leverage" to allow the commercial negotiations to be resolved.

"The legal reality is that it is a dispute between two parties at this point and we are actually paying the price as a community because of the lack of foresight back in the 1980s," he said.

Mr Fraser said the state government "was in contact with both parties" to arrange a resolution, "but the legal complexities are very difficult."

He said Lend Lease, the lessor on the opposite of the building closer to Fortitude Valley train station, was also trying to resolve the situation.

Today one of the affected small businessmen Corey Hamilton, presented a petition of 1800 signatures from businesses and Valley commuters to Lord Mayor Graham Quirk.

"It is six and half weeks now and how much longer can businesses hold on," Mr Hamilton said.

"I would hate to think that that one business that is going would start the domino effect.

"When you look at some of the shops, the friendly faces have gone. They've gone."

Read more: http://www.brisbanetimes.com.au/queensland/deputy-premier-buys-into-valley-dispute-20120202-1qva0.html

[ozbob]

From the Brisbanetimes click here!

State intervenes in Valley walkway dispute

State intervenes in Valley walkway dispute
Daniel Hurst
February 7, 2012 - 12:37PM

The state government will offer to licence part of a Fortitude Valley walkway in a bid to end a private property dispute that is financially hurting dozens of small businesses.

brisbanetimes.com.au last week highlighted concerns in the local business community after a maintenance dispute prompted the closing of access to the overpass between the Fortitude Valley train station and the McWhirters Building on December 12.

Two Fortitude Valley businesses, Mount Cathay Pty Ltd and Happy Valley, are feuding.
Advertisement: Story continues below

Mount Cathay closed fire doors across the internal walkaway. Happy Valley is the property manager of the walkway, owned by Mount Cathay.

Today, Transport Minister Annastacia Palaszczuk said her department would step in and offer to licence a section of walkway through the old Waltons building, which was currently closed off.

She said the blocking of the access had prevented rail passengers and others gaining access to Brunswick Street via the McWhirters building.

It also stopped pedestrians from using the Wickham Street escalators to access the Valley Metro and Fortitude Valley station.

"This dispute between two commercial bodies can go on no longer and we need to get everyone around the table as soon as possible – within the next few days – to find a solution," Ms Palaszczuk said in a statement.

"This is not a public asset and I think everyone is disappointed that the commercial parties have not reached agreement.

"They should have resolved this by now.

"But this is an important alternate public access – to Fortitude Valley Station, to Brunswick Street Mall and to other parts of the area.

"That's why Transport and Main Roads will step in urgently to licence a pedestrian access through the walkway."

Licensing would mean the department would take responsibility for maintaining the thoroughfare, rather than leaving this in private hands.

Last week, Liberal National Party candidate Rob Cavallucci said Brisbane Central Labor MP Grace Grace should phone Lord Mayor Graham Quirk and they should both meet with the owners in a bid to resolve the dispute.

But Ms Grace today insisted she had been working to find a solution since last year but "the situation had dragged on for too long and a long-term solution was now required".

She said the Department of Transport and Main Roads would conduct an urgent safety and fire audit to determine the current state of the walkway and ensure it was safe for public use.

"If necessary, the department will undertake any minor repairs needed to ensure the pedestrian access is safe for use," Ms Grace said in the statement.

"This could be things like replacing broken tiles and other minor maintenance."

According to the statement, the department will put the proposal to the building's agent today.

Last week, one of the affected small businessmen, Corey Hamilton, presented a petition of 1800 signatures from businesses and Valley commuters to Cr Quirk.

"It is six and half weeks now and how much longer can businesses hold on," he said last week.

"I would hate to think that that one business that is going would start the domino effect.

"When you look at some of the shops, the friendly faces have gone. They've gone."

- with Tony Moore

Read more: http://www.brisbanetimes.com.au/queensland/state-intervenes-in-valley-walkway-dispute-20120207-1r2xl.html

[ozbob]

Brisbanetimes --> Court orders Valley walkway be reopened

[somebody]

Good.  That was a nuisance, and I'm still unclear about the reason.

[SteelPan]

ONE thing, among many, which really stands out to me every time I visit Sideeniieee, is how they really integrate under and over passes into their train stations, you can cover blocks and never set foot near a footpath/road and not just in the CBD, out in the burbs too.

Also, as ever, electric signage as you approach the station - not just at the station itself - very helpful and we do way to little of it in Brisbane - example, Milton, basic electronic signage approaching one end of the station, but not the other and there's no common walkway to all the platforms - figure that out