The ACT Legislative Assembly passed the detail of the Planning Bill 2022 this week, following its general approval last Thursday.
While the ACT Government avers that this lays the foundation for the ACT’s new planning system and Canberra’s future, the Canberra Liberals believe the bill should have been independently reviewed first.
Introduced to the Assembly in September, the Bill replaces and repeals the 2007 Planning and Development Act. It introduces a new tier in the planning system: nine district strategies for different parts of the ACT; creates a new entity, the Territory Planning Authority, to replace the ACT Planning and Land Authority; adapts the ministerial call-in power for development applications into a power to declare proposals as Territory Priority Projects; streamlines Territory Plan Variation and Development Application processes; and introduces Indigenous knowledge and culture into planning.
Mick Gentleman, ACT Minister for Planning and Land Management, said the bill’s passing was a “significant milestone”, allowing Canberra to grow and change while “maintaining and enhancing the city that we know and love”.
“Planning affects everyone in our city,” Mr Gentleman said. “It is important that we have a modern planning system in place that will help keep our city sustainable and liveable while also responding to future challenges such as climate change.
“The Planning Bill sets the foundation for the reformed planning system to help us manage the growth Canberra will see over the coming decades without compromising the characteristics of the city we value.
“The new planning system provides the basis for an important shift towards an outcomes-focused system, which has been successfully implemented in other cities across the world. This will deliver positive outcomes for the city and for Canberrans.
“It means that new buildings and developments across Canberra will be required to consider the surrounding area and the impact they will have on wellbeing, health, recreation, and the environment while supporting the neighbourhoods they are in.”
But when Mr Gentleman introduced the bill last year, both the Canberra Liberals and the ACT Greens had doubts about governance, community consultation, transparency, and environmental protection. The Liberals, in particular, raised concerns that the bill gives too much power to Mr Gentleman and to the Chief Planner, Ben Ponton.
“It does seem to be a vision driven by getting as much money from land as possible,” Peter Cain MLA, Shadow Minister for Planning and Land Management, said.
- New planning legislation gives minister too much power, Liberals say (6 July)
- ACT Government introduces reformed planning laws (21 September 2022)
- Planning Bill report – more work to do, some concerns (22 December 2022)
- ACT planning bill needs more planning (3 May)
- ACT Territory Plan listening report published (26 May)
Mr Cain called last week for an independent panel of expert planners and architects to assess the necessity, operational effectiveness, and efficacy of the Planning Bill, the draft new Territory Plan, and the draft district strategies, and to adjourn debate on the Planning Bill until the completion of the independent review.
“We don’t really know what the whole package looks like yet,” Mr Cain said this week. “We don’t know what the design guides are yet. We haven’t seen the final district strategies. It’s too early to predict what this planning bill is going to produce, because we have not yet seen all of the key elements of the planning reform.”
Besides, Mr Cain wanted to know: “What is an outcome focus? Who decides that? What does it look like? We’re not really in a position to answer those questions.”
Mr Cain’s motion was defeated. Instead, the ACT Government will undertake a legislative review of the ACT Planning System Review and Reform Project within the next three years, and an independent expert will undertake a governance review of the new ACT Planning System within the next year.
Greens MLA Jo Clay, however, welcomed the passing of the bill, in an amended form. She said that it strengthened environmental protections, was more transparent, and could genuinely tackle the housing crisis. It introduced a new ‘housing affordability principle’ to prioritise the construction of affordable homes near schools, shops, and developments, ensuring that housing remained accessible and affordable for everyone. It protected First Nations heritage and the environment through enhanced development appeal rights, so the community could voice their concerns to government more effectively. And it empowered the local community through robust principles of early and direct consultation, guaranteeing that those directly affected by development had a meaningful say in shaping their neighbourhoods.
“Through these amendments, we have built a foundation for an equitable and inclusive city, where no-one is left behind,” Ms Clay said.
The ACT Government amended the Bill in response to the recommendations of the Standing Committee on Planning, Transport and City Services, which published its report in April.
“We have heard a range of views and considered feedback from the community, industry, and the Assembly on how we should deliver these critical reforms to the way our territory is planned,” Mr Gentleman said.
“The ACT Government has made significant changes following this feedback to strengthen the Bill, including a new clause to review the Act after three years; that the new design guides must be taken into consideration when making a decision on a development application; and introducing a two-stage notification process for significant developments so there is more opportunity for community input.
“The ACT Government is now finalising the other elements of the new system, including the district strategies and Territory Plan, as well as the design guides which will be released soon. The new Territory Plan will be presented to the Legislative Assembly so the new Planning Act can commence later this year.”
More information about the ACT Planning System Review and Reform project is on the government’s YourSay page.
