Canberra Liberal MLA Peter Cain, Shadow Minister for Planning and Land Management, will call for an independent review of the changes to the planning system, to be conducted by a panel of planning and architecture experts.

Mr Cain believes the Planning Bill 2022, draft new Territory Plan, and draft district strategies have not received a fit and proper independent assessment, and so should not be supported.

He will move his motion in the Legislative Assembly this week.

“The proposed planning reforms have produced more concern rather than comfort for Canberrans, who are already highly suspicious of this Labor-Greens government due to their record of poor consultation and inconsideration of community desires,” Mr Cain said.

• ACT Territory Plan listening report published (26 May)
• ACT planning bill needs more planning (3 May)
• Planning Bill report – more work to do, some concerns (22 December 2022)
• ACT Government introduces reformed planning laws (21 September 2022)
• New planning legislation gives minister too much power, Liberals say (6 July 2022)

“The Labor-Greens government’s proposed planning reforms in their current form are invalid. We need an independent expert evaluation to ensure the last five years spent on this planning system review have not been wasted. Especially as it remains unclear what is wrong with the current system.

“The planning system review was instigated by the Planning Minister [Mick Gentleman] and the Chief Planner [Ben Ponton], conducted by the Planning Minister and the Chief Planner, and bestowed greater powers to the Planning Minister and the Chief Planner. It is effectively a deregulation of planning.

“Up until this point, it has entirely been the Planning Minister and the Chief Planner’s two-man show.

“To ensure that the ACT’s proposed new planning system has true integrity, it must be thoroughly reviewed by a panel of independent planning and architecture experts.”

When the draft listening report was published last week, Mr Cain called upon Mr Gentleman to adjourn debate on the Planning Bill 2022 to consider the listening report’s findings. He said that the planning system review failed in its purpose to restore trust and confidence in the ACT planning system.

Mr Cain said today that 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.

“These proposed reforms represent the most significant change to the ACT planning system in the last 15 years, so it is vital we get this right,” Mr Cain concluded.

ACT Government response

“The ACT community has been clear with the government that the planning system required reform,” Mr Gentleman said. “In response, the government released a series of directions papers that outlined the identified issues and proposed solutions. These papers were released in November 2020, and can be found on the Planning website. The directions papers have informed subsequent work, culminating in the Planning Bill 2022, draft district strategies and the draft new Territory Plan (and supporting material, such as design guides).

“The new reformed planning system will require proponents to consider the impact that their developments will have on the surrounding community on issues such as wellbeing, health, recreation, housing choice, their neighbourhood, and the environment. Proponents will need to think more about not only the physical aspects of the proposed building, but also how people use the building and the spaces between buildings.

“Canberra will see a large amount of growth over the coming decades, and needs a modern planning system that will help keep our city sustainable and liveable – and this includes providing increased housing and choice.

“Reviews and reforms to planning systems in other jurisdictions are typically led through the public sector planning organisation and with input from external technical advisors on certain matters and involve engagement with community. The approach taken to review and reform of the ACT’s planning system is consistent with other jurisdictions.  The planning and land authority is established by the Planning and Development Act 2007 to, among other functions, provide independent and expert advice to government.

“The new system will increase the scope of regulation of the planning system. Regulation will now be strengthened through new design guides, a modern Territory Plan, and technical specifications fit for a growing city.  The proposed new system changes the focus of planning regulation, from outdated metrics to clearly articulated expectations as to desired outcomes.   

“The ACT Government has worked with planning and architecture experts, and other technical experts, at various steps of the Planning System Review and Reform project.

“A technical advisory group made up of local industry (including technical professionals) and legal experts was established ahead of the introduction of the Planning Bill 2022. This group was consulted in the development of the Planning Bill, district strategies, new Territory Plan, design guides and planning technical specifications.”