When ACT planning minister Mick Gentleman (Labor) presented the Planning Amendment Bill in September, both the Greens and the Liberals had misgivings.

They were concerned about governance, community consultation, transparency, and environmental protection.

Following the publication last week of the government’s response to a Legislative Assembly inquiry into the bill, the Greens have said today that the government has addressed many (but not all) of their concerns, and will pursue amendments. The Liberals cannot support it at all.

“The ACT Greens heard overwhelming feedback from the Canberra community during public consultations that the Planning Bill needed improvement,” Jo Clay MLA, ACT Greens spokesperson for planning, said. 

“The ACT Greens took these concerns to our Labor colleagues, and we have secured some good progress for the Canberra community.

“Despite the ACT Government’s positive responses on a number of key issues, there are some key issues that remain unresolved and require further clarity,” Ms Clay said.

Canberra Liberals MLA Peter Cain, shadow minister for planning and land management, called the Bill “a complete and utter failure of the planning system review”.

“The Planning Bill 2022 fails miserably to restore trust and confidence in the ACT planning system and confirms that the Labor-Greens government is planning for profit, not people,” Mr Cain said.

• Planning Bill report – more work to do, some concerns (22 December)
• ACT Government introduces reformed planning laws (21 September)
• New planning legislation gives minister too much power, Liberals say (6 July)

The ACT Government intends the Bill to replace and repeal the 2007 Planning and Development Act, Mr Gentleman said last year. It will introduce a new tier in the planning system: nine district strategies for different parts of the ACT; create a new entity, the Territory Planning Authority, to replace the ACT Planning and Land Authority; adapt the ministerial call-in power for development applications into a power to declare proposals as Territory Priority Projects; streamline Territory Plan Variation and Development Application processes; and introduce Indigenous knowledge and culture into planning.

Last year, the Liberals felt the Bill lacked accountability and transparency. Shadow planning minister Peter Cain said it increased the power of both the planning minister (Mick Gentleman) and the unelected Chief Planner, while reducing the power of the Legislative Assembly. In his opinion, the Territory Planning Authority added more red tape.

The Greens called for the government to review governance arrangements and resourcing for both the Territory Planning Authority and the ACT Civil & Administrative Tribunal (ACAT). The Liberals thought the DA process would become more confusing and convoluted. Both parties were concerned the Bill removed pre-DA (development application) consultation; in the Liberals’ view, this gave the community less capacity to have their voices heard, while the Greens urged the government to restore and improve consultation. The Greens also said the Bill must strengthen environmental protection and action on climate change.

“The Planning Bill, as tabled last year, didn’t deliver the changes we need for the future of our city,” Ms Clay said today. “The government did not listen to feedback and concerns regarding the proposed legislation, and for this reason, Greens Ministers could not support it, and stepped out of Cabinet on the issue.”

A Standing Committee on Planning, Transport and City Services invited public submissions into the Bill, and held public hearings.

Greens welcome changes, but want more amendments

Now, the Greens say, the ACT Government has agreed in part or whole to many changes the Committee recommended, based on feedback from the public.

Ms Clay was pleased that the government will develop a training package for staff. “This will be critical to ensuring good planning decisions are made,” she said.

She was also pleased that the government will explicitly include housing affordability and climate resilience in principles of good planning, as the committee recommends to strengthen words in the Planning Act about housing affordability and climate resilience.

But the Greens will push for further amendments, Ms Clay said.

“For example, we think it is important that the Territory Priority Projects undergo ‘sufficient community consultation’, and that a decision maker turns their mind to this criteria. This was in the original version of the Planning Bill that went out for consultation.    

“The community have also clearly stated a need to improve trust and transparency in the system and the decision-making process. We are happy that the government have committed to a governance review, but we need clarity around timeframes. We will seek any review to be independent, and that it’s complete within a year of the bill passing.”

Canberra Liberals cannot support Bill

Mr Cain said the Bill in its current form is indefensible, and called upon the government to withhold debating the Bill until the new Territory Plan and District Strategies are finalised.

“So long as this Bill fails to properly address integrity in governance, genuine consultation with community, and the protection of our city’s characteristics, the Canberra Liberals will not support it,” he said.

“The Planning Minister’s ardent refusal to consider reform of governance arrangements to meet community expectations on integrity has backfired.

“The proposed accumulation of authority in the hands of the same failing Planning Minister and Chief Planner who directed the review with limited Assembly oversight is irresponsible and undemocratic.

“The community were subjected to an insincere box-ticking consultation process, and have simply not been listened to.

“The proposed reduction of third-party engagement in DA processes demonstrates this Bill has ignored the community, rather than been informed by them.

“The Bill is anti-community and anti-environment, and poses a severe threat to our unique Bush Capital and Garden City characteristics.

“The proposed ‘outcomes-focus’ approach will enable any development to be approved with minimal community input or Assembly oversight as long as it suits the Chief Minister’s agenda.”

Mr Cain said the Canberra Liberals are developing a strong planning policy to take to the next election in genuine consultation with community groups, industry bodies, and environmental advocates.

“As the capital of this great country, I want Australians to be proud that Canberra as their National Capital, and Canberrans even more so,” Mr Cain concluded.