26 May 2025

Should developers be required to keep footpaths open around construction sites?

| James Coleman
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footpath

The footpath outside the Botanical Turner development on Northbourne Avenue has been temporarily closed around the construction site for safety reasons. Photo: James Coleman.

“A serious public safety problem” on Northbourne Avenue has prompted a grassroots organisation to call for the ACT Government to require developers to keep footpaths open during construction projects.

Botanical Turner will eventually be made up of 249 one, two and three-bedroom residences when the nine-storey apartment complex opens in a few years, but for now, it’s Russian roulette for pedestrians trying to pick a path around it.

“I was in the bike lane on Northbourne Avenue the other day, coming home from work, when I came across someone walking in the bike lane,” local e-scooter rider Matthew Cullis says.

Luckily, I saw them in the poor light, and there was a gap in the traffic that enabled me to move safely into a motor vehicle lane. I hate to think of what would have happened otherwise.”

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The developer, Base Developments, has temporarily closed off the footpaths around the construction site for safety reasons.

However, the situation has drawn the ire of Living Streets Canberra, an organisation with “a vision of everyone in Canberra being able to enjoy public spaces and walk easily, safely and conveniently”.

It argues the closure is forcing pedestrians to walk either in the bike lane or on the side of the road itself, which has “created a serious public safety problem”.

“The pathways are heavily used, particularly by people walking to and from Civic and ANU,” a statement from the organisation reads.

“The adjacent roadways are also busy with people riding bikes as well as a lot of motor vehicle traffic … Poor lighting increases the risk of conflict and collision.”

Screenshot of construction site

Botanical Turner construction site. Photo: Living Streets Canberra.

Living Streets Canberra convenor Gill King is demanding that the paths not only be reopened “as a matter of urgency” but that the government look at adjusting rules for developers that would require them to keep footpaths open around construction sites.

“The situation around the Botanical Turner site is simply a symptom of a broader problem in the ACT,” she says.

“As far as I am aware, the ACT is the only Australian jurisdiction that does not require pathways to be kept open and in good condition during construction works.

“Another aspect – and you’ve probably seen it in the suburbs – is that the developers or builders will just smash up or impede pathways, and they’re left like that – often for years – and the taxpayer ends up having to fix it.

“Whereas in other jurisdictions, there’s a requirement to keep the path in good condition and open, and any damage or any impedance has to be fixed within 24 hours. And they have big bonds to encourage them to do that.

“The net result is budget savings, as well as pathways kept usable.”

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Living Streets Canberra has raised the issue before, including most recently in a list of proposals given to candidates before the 2024 ACT election.

“ACT for Safe, Healthy, Active, Inclusive Streets” included a recommendation to establish an “Asset Protection Scheme” which would “encourage building owners and people involved in the construction and demolition industries to keep paths open, to not damage paths, and to require them to pay for any damage they incur”.

This would be accompanied by a “publicly available map showing accessibility status of paths, work to be done, and status of repairs/upgrades needed”.

Ms King says the proposals received general support from the parties and candidates, but there have yet to be any firm commitments to any of them.

For now, she says there are many options for developers, including fencing off everything except the footpaths, building temporary gantries, or protecting the walkway by using shipping containers to create a tunnel.

Conservation Council ACT executive director Simon Copland, himself an avid cyclist, says until there’s a change, efforts to promote active travel are hamstrung.

“We know that people will not get on their bike, or scooter, or walk, if any part of the trip is dangerous,” he says.

“It is therefore essential that the government improve construction practices so that companies can’t just block access to footpaths without providing a safe alternative.”

footpath on Northbourne Avenue

The ‘footpath’ outside the Botanical Turner development on Northbourne Avenue. Photo: James Coleman.

Regarding Botanical Turner, the ACT Government says it was provided with “coherent and safe pedestrian detours” as part of the developer’s traffic management plans.

This included the temporary closure of paths on Northbourne Avenue, Greenway Street, Forbes Street and Condamine Street “at various stages of construction”.

“However, due to an unplanned need to undertake multiple utility upgrades simultaneously, paths along Northbourne Avenue and Greenway Street were unfortunately closed at the same time,” the spokesperson told Region.

“This caused an issue for pedestrians heading north along Northbourne Avenue.”

The government has since met with the developer, who has “committed to preparing a more detailed pedestrian diversion strategy with additional wayfinding information”.

“Notably, Greenway Street has recently reopened to pedestrians, and there is no longer an issue with northbound pedestrian movements.”

The spokesperson added the government has not previously used shipping containers as tunnels to keep footpaths open, but is “always interested in hearing about new ideas to minimise disruption to motorists and pedestrians wherever possible”.

Original Article published by James Coleman on Region Canberra.

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