26 May 2025

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

| By 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”.

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Capital Retro2:28 pm 23 May 25

We don’t have this problem in Tuggers because generally, we don’t have any footpaths.

Approval process for approving closure of a footpath involves a consultant not a Govt officer. Serious consideration must be given to ensuring a safe alternative before closure is approval. Closure of Cowper St Dickson footpath does not meet this test.

Just remember, folks….whatever this costs…YOU are going to pay for it!

It’s a significant problem, particularly when signage says “use other footpath” — which is across several lanes of fast moving traffic. Also difficult when you’re mobility impaired. The other problem is the closure of lanes of traffic on major and minor roads. Currently, one part of Northbourne Ave is closed for development (a regular event), one direction is now closed on Eloura St (an important crossing point to get across Northbourne); Kings Ave, between National Circuit and State Circle; etc, etc. And these roads and footpaths are not closed for a day here or there, on Northbourne Ave, it’s been closed for years; I expect Kings Ave will be the same and so will Eloura St (given that no construction has yet occurred). I’m presuming they can do it because the ACT Government collects funds.

When I lived in Turner, builders/developers would regularly close roads and footpaths to enable deliveries, concrete pours, etc. This was without any notification to surrounding residents — even when such activities precluded exit/entry to one’s own home.

David Watson2:28 pm 22 May 25

A minor inconvenience. Let’s focus on the deplorable street verges and unkept gardens. Think bigger.

Matthew Cullis8:57 pm 22 May 25

It is a bit more than an “inconvenience”. It is also a safety issue.

It’s definitely a problem, and let’s note that it’s not limited to footpaths.
In some locations the adjacent traffic lane is also blocked off.
Understandably, there are times when materials and machinery are being moved to and from site, where you can reasonably expect some disruption, but a continual closure is never a great result.
I suspect, however, that these closures largely stem from the fact that the developer can excavate right to the boundary of the property.
And there have been a few instances in recent years where, on rainy days, not unlike today, the side walls of the excavation have collapsed, swallowing up footpaths, light poles and buried infrastructure.

That’s my real concern with these developments.

devils_advocate10:20 am 22 May 25

I’m less concerned about footpaths and more about large construction projects taking up entire car parks in high demand areas and closing off roads for years at a time.

You had to laugh about a cyclist complaining about their bike lane being used by a pedestrian.

As a motorist it would be nice if cyclists kept to their bike lanes. And maybe pay for them too.

Heywood Smith10:23 am 22 May 25

Pretentious lycra bandits who play by their own rules are rampant around my kids school.. Depending on the traffic, they pick and choose when they use the path, if this isnt to their liking, they just swing over onto the road and weave between cars, with painted on arms that are unable to advise which way they are going…

Yes the rudness, arrogance and selfishness is quite extraordinary. It’s only a select few but they give all cyclists a bad name.

Yes we definitely want pedestrians walking next to large excavations and construction sites, particularly at night. What could possibly go wrong.

Matthew Cullis8:54 pm 22 May 25

Developers seem to be able to manage this issue just fine elsewhere. Noting that the works you speak of happen elsewhere in Australia in major cities for not just apartment blocks, but also major infrastructure projects say recent public transport infrastructure in Sydney and Melbourne which required major excavation for station developments. Walking infrastructure stayed open, and nobody fell in.

Matthew,
No they didn’t “manage them just fine”, they did the exact same thing as what happens in Canberra, closed paths, alternate routes etc.

When you reference underground public transport, of course there will be less surface disruption, literally because they are building billions of dollars worth of tunnels.

How much extra do you think it costs for that type of construction and are you willing to pay the additional costs, just so you don’t have to walk one block over?

I don’t have a problem with developers/tradies blocking footpaths because obviously it’s necessary at times but it absolutely should be on them to ensure that the blockage is as limited as possible and that there is safe pedestrian access particularly for the elderly and people with small children.

Absolutely yes, they should. When there was construction on cnr of Cooyong St and Torrens St in the city, they had the corner blocked off completely. Pedestrians had to walk around it, on Cooyong St, an extremely busy area. Going East, you had your back to approaching traffic. Completely unsafe.

I am absolutely sick of public paths being take over by private developers. Developers should be required to stay completely within the footprint of the block they have bought. If private citizens can’t park a car on the nature strip, why can developers take over an entire path?

The pampered people of the inner north complain about nearly everything. There is a large trench dug right next to that footpath, so the area needs to be closed to the public while that part of the construction is undertaken.

It would be helpful if Living Streets Canberra could explain how “protecting the walkway by using shipping containers to make a tunnel” would be any use in this situation. There is no overhead construction taking place at the moment, so no overhead protection is required, the area is closed so they can safely excavate and then re-fill that trench.

The government should defund the Conservation Council for wasting time and money. A few months ago they tried to prevent a new mobile tower in Ainslie, last month they were whinging about ActewAGL supporting the local sporting community, and now they are whining about the need for pedestrians to cross the road for a short time.

Why doesn’t the Conservation Council and Living Streets Canberra also complain about the footpaths and cycleways closed for several years while construction of light-rail is undertaken?

Matthew Cullis8:49 pm 22 May 25

“Pampered” inner northie here. I think all Canberrans should have access to convenient walking infrastructure. All Canberrans should also be able to move about our city safely, which I would say isn’t really supported at this block in Turner.

You talked about a trench, maybe that is what the shipping constrainers could be used for to prevent people from falling in.

Also noting that while I wasn’t involved with LSC during light rail S1, it was actively engaged during S1.

Matthew the Pampered, the inner north has ample sealed roads and paths for people to get around, especially when compared to other towns around the country. In this case pedestrians just need to take a short detour along Forbes Street or walk along the other side of Northbourne.

You have an odd idea of safety, as that fence around those works is providing safety, and people would complain far more if the safety fence was not erected. Do you remember the bad old days before safety fences were compulsory for building sites?

The trench is shown in the first photo, have a look, then explain how your container system could work.

yes they absolutely should

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