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Tuesday, March 19, 2024

New planning legislation gives minister too much power, Liberals say

The ACT Government state their reform of the Planning and Development Act 2007 will simplify planning, design, and development – but the Canberra Liberals worry the new legislation will give Mick Gentleman, Minister for Planning and Land Management, more discretionary power, and lead to abstract processes and unclear outcomes.

“Planning decisions for the ACT should be made by rigorous consultation, and a robust system with clearly defined objectives and outcomes, not at the discretion of the Minister,” said Peter Cain MLA, Mr Gentleman’s Shadow counterpart.

The government released a draft bill of the new legislation in March. The current legislation, they state, is complex and cumbersome. The new legislation would include new principles of good planning and consultation, and improve transparency and access to information on planning processes and decisions. Submissions closed last month.

On Twitter, Mr Cain wrote that the ACT planning system was “poorly constructed and administered” by the government.

“Deficient consultation. No vision. Planning under this Labor-Greens government is for profit – instead of this, planning should be for people.”

The Liberals’ concern follows Mr Gentleman’s use of his call-in powers last week to approve a YWCA Canberra housing development in Ainslie for vulnerable women. The organisation had sought permission for two years, but the ACT Civil and Administrative Tribunal overturned the proposal on appeal last year. Mr Gentleman approved the project, but imposed several conditions to address neighbours’ concerns. YWCA Canberra and other organisations welcomed the decision.

Mr Cain described Mr Gentleman’s call-in powers as “controversial”. The Liberal MLA said he “fully endorse[d] the outcome”, but believed the incident was cause for concern.

“The use of “call-in” powers, however, has highlighted the distressing power imbalance, poorly defined outcomes, and obstructive processes within the ACT planning system, which leave room for community confusion and discretionary decisions,” Mr Cain said.

“A planning system that works well would resolve these issues within the development stage, and not at the discretion of the Minister at the eleventh hour.

“This is indicative of this Labor-Greens Government’s tired vision for the ACT, and their disinterest in fostering a culture of transparency and good management.”

Mr Gentleman expressed his disappointment that the Canberra Liberals would use the decision to approve the construction of a facility that will support vulnerable women fleeing domestic violence as a political attack on the planning system.

“If the Shadow Spokesperson had read the draft Planning Bill or any of the accompanying material, he would have seen that it increases consultation on development applications and removes Ministerial call-in powers,” Mr Gentleman said.

“The Government is continuing to consult on reforms to the planning system in the ACT, and I hope the Canberra Liberals will have more productive input into the debate when it comes before the Assembly.”

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