Legislative Council throws out government’s controversial DAP planning changes

In a major defeat for the government the Legislative Council has flexed its muscle and thrown out its reform of planning laws. Find out what happened and where to now.

MLC Tania Rattray.

The government’s controversial changes to planning laws have been rejected by the Legislative Council – but the government has vowed to bring the legislation back next year.

The Legislative Council voted 8-6 on Thursday night against a bill which would have seen Development Assessment Panels (DAPs) established to consider some planning applications.

But Tania Rattray, the MLC for McIntyre and a former deputy mayor of the Dorset Council, has warned that the government must consult “adequately and appropriately” with local government, not just developers, before the DAPs bill is supported.

“It’s dead and they can’t bring the same legislation back, but this is the perfect opportunity to go and work with local government over the next three or four months,” she said.

“They just need to go back to the drawing board.

“I don’t have an issue necessarily with another process, because I understand there is some frustration out across the community, but you’ve got to do it in conjunction with local government, and it appeared that there’d been a lot more communication and work with the developer side of it than with local government.”

Cassy O'Connor Greens member for Hobart. Picture: Nikki Davis-Jones

Greens MLC for Hobart Cassy O’Connor said the vote was a win for democracy and a “great victory for public participation in planning decisions and the independence of our planning system”.

“The DAPs legislation was written by, and on behalf of, the Property Council and developers,” she said.

“Minister Ellis said DAPs are about taking the politics out of planning.

“The truth is, the legislation we rejected gave him more power and was all about taking the public out of planning.”

Government and Labor MLCs supported it but all the independents, including several who have previously served in local government opposed it.

Minister Felix Ellis. Picture: Nikki Davis-Jones

Planning Minister Felix Ellis said the government would “look to progress legislation in the New Year”.

“The government secured a mandate for this Bill at the last election and received bipartisan support for it in both houses

“We will bring the Bill back in the new year because we won’t give up on getting people into homes and tradies into jobs.”

Shane Broad Labor member for Braddon. Picture: Nikki Davis-Jones

Labor’s planning spokesman Shane Broad said the legislation failed because of the “Premier’s over-the-top attack on local government”.

“In an extraordinary stuff-up to top off a shocking year in parliament the Liberals have failed to progress their DAP legislation through the upper house,” he said.

“This is legislation that would have helped get more houses built and more Tasmanians into safe, secure, well-paid jobs.”

Hobart Lord Mayor Anna Reynolds, Clarence Mayor Brendan Blomeley, Kingborough Mayor Paula Wriedt and Glenorchy Mayor Sue Hickey.

Clarence mayor Brendan Blomeley welcomed the defeat of the legislation.

“The state Liberal government is undermining land use reform in Tasmania with their politics and poorly informed interference,” he said.

“It is pleasing to see the Legislative Council function effectively as a house of review and provide the necessary handbrake on the two main parties who shamelessly colluded to ram through the exceedingly poor (DAPs) Bill in the last parliamentary sitting day for the year.

“The government’s flawed DAPs Bill was a major overreach as it was designed to undermine the democratic processes that have underpinned planning decisions in Tasmania for decades.”