Council shake-up: Independent panel to assess Tasmanian development proposals

Greater Hobart mayors say they’ve been blindsided by the state government’s plan to divert some development applications to an independent panel. LATEST

Premier Jeremy Rockliff. Question time in the Tasmanian parliament. Picture: Nikki Davis-Jones

Greater Hobart mayors say they’ve been blindsided by the state government’s plan to divert some development applications to an independent panel.

Acting Hobart City mayor Helen Burnet questioned why the announcement came so suddenly.

“At this stage council needs answers as to how it would work or how it would impact the community,” Ms Burnet said.

“The City of Hobart does not believe that there are systemic issues with planning decisions in the state.

“The system is working: At the City of Hobart between 1 July 2022 until 23 June 2023, 99 planning permit applications for 262 new dwellings were approved. Only two planning permit applications for new dwellings were initially refused by council. They have now both been supported by council with design modifications made as part of the existing planning appeals process.”

Clarence mayor Brendan Blomeley. Picture: Linda Higginson

Kingborough mayor Paula Wriedt said the idea was an overreach.

“Even if [applications] are rejected, they go on to TASCAT for appeals, there’s already a process in place where decisions can be overturned,” Ms Wriedt said.

“When we’re in the middle of the largest planning reform, why has this been thrown in at the last minute? It seems like a knee-jerk reaction by the government,” Ms Wriedt said.

A review into Tasmania’s local government sector recently removed examination of the role of councils to assess DAs, to be considered separately – something councillors expected to be consulted on.

“Now to hear the government’s made a decision is a backflip on their behalf,” Ms Wriedt said.

Glenorchy mayor Bec Thomas said it was important the planning process did not become more complicated.

Bec Thomas, Mayor Glenorchy City Council and Anna Reynolds Lord Mayor of Hobart. Picture: Nikki Davis-Jones

“Either councils are or aren’t a planning authority – adding another layer of bureaucracy and allowing proponents to decide who determines the outcome seems bizarre and appears to somewhat duplicate appeal mechanisms that are already in place, not to mention most likely extending the time it would take for outcomes to be determined,” Ms Thomas said.

Clarence mayor Brendan Blomeley said it was disappointing councils weren’t consulted.

“It may be a good idea, but I can’t speak to that because we’ve learned about this with everyone else, through the paper,” Mr Blomeley said.

“Surely if anyone has an understanding and real world experiences of the pitfalls of the planning system it’s those of us who work in the system.”

Mr Blomeley said if the new panel was introduced, there should be mechanisms in place to ensure communities can still have a say.

“It is important the local voice is represented,” he said.

“People deserve to have a voice and input into their communities, they should be able to shape their communities.”

Local Government Association of Tasmania president Mick Tucker, who is also mayor of Break O’ Day Council, was also disappointed by the lack of consultation.

Mr Tucker also said just 1 per cent of planning decisions across the state were appealed.

Planning reform hailed

July 18: Developers have lauded – and activists panned – proposed reforms to the state’s planning system.

Premier Jeremy Rockliff has announced plans to allow proponents to remove some development proposals from councils and have them considered by expert panels instead.

The reforms would apply to developments with more than $10m in urban areas and more than $5m elsewhere.

Planning Matters Alliance Tasmania was quick to condemn the surprise move.

“Make no mistake, this is a developer-friendly move that will alienate local communities and lead to poor planning decisions,” state director Sophie Underwood said.

“Bypassing council takes democracy and local decision-making out of planning decisions.”

“This will skew planning in favour of developers and cut out the most important people in planning decisions.”

Ms Underwood rejected the idea some councillors were politically motivated in their planning decisions.

“This proposal is based on a flawed argument that planning is politicised by council and councillors,” she said.

Executive Director of the Property Council Rebecca Ellston, Premier Jeremy Rockliff and Master Builders of Tasmania Executive Director Matt Pollock at the In The Hanging Garden precinct. Picture: Chris Kidd

“Councils have diligently performed their role as planning authorities and if a flawed decision is made, proponents and representers have the recourse to appeal.”

But the announcement was welcomed by developer representatives.

“Today’s announcement by the state government has the potential to be one of the largest planning reforms we’ve seen in a decade and has the power to transform Tasmania, said Executive Director of the Property Council Rebecca Ellston.

“It provides some certainty that if they are compliant with the current planning scheme, then their development will go ahead.”

Master Builders of Tasmania Executive Director Matt Pollock agreed.

“The industry collectively has been calling for planning reform for years, we know that it is one of the major impediments to accelerating housing supply.

Premier Rockliff said the government would consult with both local government and developers while drafting the legislation.

He denied that the proposal would create a two-tier planning system.

“This is a strong policy decision that’s been welcomed by key stakeholders, this is in the best interests of ensuring that we get things done, to build more houses and ensure that we have more roofs over Tasmanians’ heads,” he said.

Acting Greens leader Rosalie Woodruff said the reforms would rob communities of a say in major developments.

“The Premier is showing extraordinary overreach with these planning reforms that he’s proposed,” she said.

“It’s an overt attack on Tasmanians’ right to have a voice about local community developments.

“It’s payday for Liberal party developer donors. They’ve been dreaming of this day since the Liberals came to office in 2014.”

Labor’s Luke Edmunds said the announcement was “policy on the run” after the government walked away from council amalgamations.

“This policy, while it’s been spoken about, certainly has come out of nowhere,” he said.

“You’ve got the planning minister on holidays and the Premier coming out to announce this.

“It shows how desperate they are about shifting the narrative about the failings of the government.

“They say it’s about taking the politics out of planning. This isn’t going to achieve that.”

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Premier Jeremy Rockliff flanked by Property Council Executive Director Rebecca Ellston, and Master Builders of Tasmania Executive Director Matt Pollock. Picture: Chris Kidd

‘Taking democracy out of decisions’: Development shake-up slammed

Earlier: The state government has been accused of taking democracy out of planning decisions after it announced some projects could be decided on by a separate planning panel, instead of councils.

Under the proposal, proponents could send certain developments such as housing, large scale developments and other builds with community interest to the panel.

The announcement attracted criticism on Tuesday, with Planning Matters Alliance Tasmania quick to condemn the move.

“Make no mistake, this is a developer-friendly move that will alienate local communities and lead to poor planning decisions,” state director Sophie Underwood said.

“Bypassing council takes democracy and local decision making out of planning decisions.”

“This will skew planning in favour of developers and cut out the most important people in planning decisions.”

Ms Underwood rejected the idea some councillors were politically motivated in their planning decisions.

“This proposal is based on a flawed argument that planning is politicised by council and councillors,” she said.

“Councils have diligently performed their role as Planning Authority and if a flawed decision is made, proponents and representors have the recourse to appeal.”

Local Government Association of Tasmania president Mick Tucker, who is also mayor of Break O’ Day Council said it was disappointing the decision was made without consultation.

Mr Tucker also said only one per cent of planning decisions across the state were appealed.

“Council and state government planners are working through the largest planning reform agenda in our state history. This comes at the same time as growth pressures we have not seen before,” Mr Tucker said.

“Why then is this reform needed now, when Tasmania is already undergoing the largest planning reform of its planning system in its history.”

Bid for new planning panel in state shake-up

Earlier: Developers will be able to have their projects assessed by an expert panel rather than local councils under legislation being planned by the state government.

In a major shake-up of council planning powers, proponents could elect to send developments such as housing or subdivision proposals to independent expert Development Assessment Panels instead of councils.

Premier Jeremy Rockliff says the plan would remove the politics from planning and improve certainty, transparency and effectiveness.

The proposed new planning pathway would be applied to projects over a certain value — which is yet to be determined — in the same way as existing major projects laws.

Mr Rockliff said the new panels would ensure that decisions were driven by the rules and not “the vested interests or personal biases of individual councillors,” he said.

“There are too many examples where critical land, housing or other projects are being stopped or delayed by ideologically motived, party-aligned councillors, and this is not good for Tasmania.

“Let me be clear, this legislation will not change Tasmania’s planning rules.

“Councils will still undertake assessments and the community will still have their say, as they always have. This is simply about providing a second decision-making option, where the politics is removed from planning.”

Under the proposal, proponents would be able to choose whether a council or a panel makes the final decision on their project.

Councils would also have the option of referring the final decision on development proposals to the panels.

The makeup of panels would be determined by the independent Tasmanian Planning Commission.

Mr Rockliff said the proposed legislation would help the government to deliver its target of 10,000 homes by 2030 by reducing planning delays.

“In meeting this target, we committed to taking advice from industry, our community housing provider partners, Homes Tasmania and those engaging in our planning system to deliver the housing Tasmania needs,” he said.

“We heard loud and clear they need certainty in a pathway.”

Mr Rockliff said the draft legislation would be available for public consultation later this year, with plans for it to be before Parliament at the start of 2024.

“The new legislation will give the community and developers the confidence that they need in our planning system, so they can invest with certainty, and we can continue to meet the needs of our growing population.”

Originally published as Council shake-up: Independent panel to assess Tasmanian development proposals