The Standing Committee on Planning, Transport and City Services today tabled its report on its Inquiry into the Planning Bill 2022.

The Committee found that there is a plethora of work to be done as a result of the ACT Planning System Review and Reform Project, but believes the Bill is a first step in the planning reform process to improve and modernise the ACT’s planning framework.

The ACT Government introduced the Planning Bill to the Legislative Assembly in September. Mick Gentleman MLA, ACT Minister for Planning and Land Management, said then that it marked a significant milestone in the ACT Government’s Planning System Review and Reform Project. The government began the Review in 2019 – the first major review of the ACT’s planning legislation since the enactment of the Planning and Development Act 2007 15 years ago. The Bill is intended to repeal and replace the 2007 Act, and will be the first of three key planning reforms to arise from the Review, alongside the introduction of District Strategies and a new Territory Plan.

• ACT Government introduces reformed planning laws (21 September)
• ACT Government ‘focusing on outcomes’ in draft Territory Plan (1 November)

The Committee’s report made 49 recommendations covering a broad range of issues in relation to the Bill.

Committee chair Jo Clay MLA said: “Due to the significant reform of the ACT’s planning system proposed in the Bill, it was important for our Committee to conduct this inquiry to review this piece of legislation.

“‘The Committee consulted widely across community councils, environmental organisations, housing industry groups, residential associations, and individual citizens, receiving 65 submissions and hearing from 57 individuals and organisations across two days of hearings.

“The Committee wishes to extend its appreciation to all inquiry participants for their engagement throughout the inquiry process and for the valuable contributions they made in assisting and informing the Committee’s deliberations.”

Under the Assembly’s standing orders, the ACT Government is required to respond to committee reports within four months of tabling.

ACT Greens: More work needed to improve the Planning Bill

The ACT Greens noted the need for significant amendment before the Bill is debated in the Assembly.  

“This Bill is of enormous interest to community and industry,” ACT Greens leader Shane Rattenbury MLA said. “It will impact the way Canberra grows and develops for decades to come.

“The Committee’s report demonstrates the need for the ACT Government to take a closer look at specific issues such as governance, community consultation, transparency, and environmental protection. 

“If the community is going to have confidence in the planning system, we need to make sure these recommendations are incorporated before we debate this Bill.”

Ms Clay, who is the ACT Greens spokesperson for planning, said: “The new system is enormously complex, and we have to get this right.

“Consultation needs to improve. Government should give people detailed reasons showing why their views weren’t included and provide case studies showing how the new system will work. Government should also restore and improve the process of pre-DA consultation.

“The drafting needs to be clearer. We need to know what is meant by a ‘good planning outcome’ and by ‘substantial public benefit’. 

“We need stronger environmental protection. Local protection laws should be recognised. National concepts like ‘ecologically sustainable development’ should be harmonised. Biodiversity and climate change should be better addressed.

“We need a review of governance arrangements and better resourcing for the Territory Planning Authority and ACAT.

“We also need to think about Territory Priority Projects. I’m glad our Committee recommended that Territory Priority Projects must have sufficient community consultation and that the Assembly must be held to account for them. But I made additional comments recommending that a Territory Priority Project must also meet all three public interest tests and must be limited to public projects and community housing.”

Canberra Liberals: Committee report reflects broad concerns with Planning Bill

The Canberra Liberals say the release of the Report as further called into doubt the significant proposed changes to the ACT’s planning system following criticism of the Bill’s governance arrangements and difficult consultation process.

Shadow Minister for Planning and Land Management, Peter Cain MLA, said that the committee’s report reflects the concerns of the community, industry, and environmental groups on a range of matters regarding the Planning Bill 2022 and the broader ACT Planning System Review and Reform Project.

“The committee’s findings are largely indicative of what I have been hearing from the various interest groups invested in the development and outcome of these proposed reforms,” Mr Cain said.

“The need to review the governance and administrative arrangements is of the utmost importance. Conducting extensive and effective consultations with interest groups is of the utmost importance.

“Community, industry, and environmental groups have been saying these things for years, yet the Planning Minister has refused to listen throughout this process time and time again.

“The recommendations made by the PTCS committee highlight the dictatorial nature of this review and the dysfunction of this Labor-Greens government.

“Planning review and reform must come from listening to the community, industry, and environmental groups to achieve a fair and functional balance between these interests.

“As evidenced by this committee report, the Labor-Greens government have completely failed to listen, failed to consider, and failed Canberrans,” Mr Cain concluded.

The Canberra Liberals member on the committee, Mark Parton MLA, recommended the bill not pass.