The introduction of the Planning Bill 2022 to the Legislative Assembly today will mark a significant milestone in the ACT Government’s Planning System Review and Reform Project, Mick Gentleman, Minister for Planning and Land Management, said.

“The legislation is the cornerstone of the ACT’s new planning system,” the minister said.

“We have been working on an ambitious vision for the ACT’s planning system for some time, which we re-committed to in the Parliamentary and Governing Agreement. This Bill is the first step in delivering a planning system that will make our city an even better place to live while protecting the environment.

“The Planning Bill 2022 proposes a range of changes to the structure and function of our planning system, and incorporates more than 300 pieces of industry and community feedback shared with us earlier this year.

“Alongside streamlining Territory Plan Variation and Development Application processes, the Bill introduces a new tier within the planning system – district strategies.

“The nine district strategies will recognise that the needs of residents and businesses differ across the Territory. In the reformed planning system, they will protect and promote the unique character, aspirations, and values of each area in the ACT.

“Further, under this Bill, a new entity – the Territory Planning Authority – will be created to replace the existing ACT planning and land authority.

“The Bill recognises the importance of ecologically sustainable development and introduces the use of Traditional Custodian knowledge and culture into planning.

“And it adapts the current ministerial call-in power for development applications into a power to declare proposals as Territory Priority Projects. This will increase transparency and accountability.

“The focus is on creating a planning system that’s easier to use, more flexible, and provides proponents with more certainty, as we respond to the challenges of climate change and population growth.”

The Planning Bill paves the way for two other major reform items including nine new district strategies and a new Territory Plan, which are expected to be released for community engagement before the end of the year.

To review the summary of changes between the current and proposed legislation, including changes arising from consultation on the draft Bill, visit the Planning Review and Reform YourSay Page.

Canberra Liberals concerned about lack of accountability and transparency

The Canberra Liberals are concerned that the Planning Bill 2022  presented today does not have the best interests of Canberrans at heart.

Peter Cain, Shadow Minister for Planning and Land Management, raised concerns about the apparent lack of accountability and transparency in the long-awaited legislation.

“The new Planning Bill reduces the power of the Assembly, appears to reduce the power of the Minister, and materially increases the power of the Chief Planner,” Mr Cain said.

“There are several uncertainties regarding development assessment and approvals, the Territory Priority Projects, and discretionary powers, which have not been sufficiently clarified to Members, relevant stakeholders, and the broader community.

“The removal of the pre-DA consultation period represents a divergence from the democratic process, with less capacity for the community to have their voices heard.”

The Minister claimed in his presentation speech in the Legislative Assembly that the legislation creates a “simpler system”, an assertion contested by Mr Cain.

“The revised DA process is more confusing and convoluted than ever.

“We have received no clarity on the details of the Territory Plan and District Strategies, the discretionary call-in powers of the Minister and Chief Planner have significantly increased, and the Territory Planning Authority adds another layer of red tape.

“The Minister has lost control of ACTPLA and the Chief Planner, as seen in the rejected DA for a Belconnen green-waste site, proving there is no public accountability for a publicly funded agency.

“The Canberra Liberals believe the planning system needs to be transparent, clearly articulated, and support the future vision of a Canberra that Canberrans want to see. The Labor-Greens Government’s proposed planning system does not do this.

“The people of Canberra deserve better than an expansive and expensive legislative reform package that only seems to advance an unelected and unaccountable planning bureaucracy.

“Despite this prolonged process of review and reform, there are still far too many questions marks over this legislation.”

ACT Greens welcome Planning Bill, but more improvement still needed

The ACT Greens welcomed the tabling of the ACT’s new Planning Bill, but indicated that further issues need to be addressed before final passage through the Assembly.

“This Bill represents the first stage of an important and complex reform,” ACT Greens leader Shane Rattenbury said. “We believe the Bill is a good start towards delivering a refreshed and better planning system, but it does need to be strengthened.

“The new Planning Act (the Bill) introduced in the Assembly today is a central plank of the new planning system, and we have analysed it closely, along with many public submissions made on the draft bill released earlier this year, to gauge how well it will ensure the new system delivers.

“In all relevant discussions, the ACT Greens have indicated our support for this Bill to be tabled. We believe it is important that the community and stakeholders see the next iteration of the Bill and have a chance to examine changes since the close of the consultation period.

“We have also indicated in those discussions that we believe further changes are needed, particularly around ensuring that the new Planning Act strengthens environmental protection and action on climate change, and includes clear measures to improve community consultation and engagement through key planning decisions, including Territory Priority Projects.

“Compared to the draft Bill released in March, there have been good improvements; for example, it is pleasing that the Bill has been updated to incorporate principles of community consultation and the development of community consultation guidelines.

“But more work is needed to reflect substantive feedback on ensuring the Bill facilitates sustainable environmental outcomes, protection of heritage, and planning responses to climate change. It also needs to respond to calls for clarity on what is meant by good planning outcomes. This is particularly important to ensure that there is a shared understanding on how the Bill will support and ensure that the Territory Plan facilitates high quality sustainable design, affordable and appropriate density, protection of green spaces and urban biodiversity, and a city that moves us away from car dependency.

“For the community to have confidence in the new planning system, it is vital that feedback on the new Bill, the coming new Territory Plan and District Strategies, is listened to and responded to.

“The ACT Greens hope to see further changes to the Bill to better reflect community feedback, to both strengthen the Bill itself, and ensure community confidence in the new planning system through the proper incorporation of key feedback received.

“We will continue to work closely with our government partners and stakeholders to deliver a planning review that will more fully meet the expectations of our community and the environment, and we are confident that continuing our good collaboration on this important reform will achieve this.”