Governing the City State - Chief Minister and Treasury Directorate ...

• the extent of rights for people not directly affected by development applications;• the availability of appeals after development proposals have been through processes toamend the Territory Plan (including consideration by the Legislative Assembly);• the operation of “circular appeals processes” where changes are made to a proposal tocomply with a Tribunal decision, and are then able to be appealed again;• the availability of appeals on individual lot development approvals despite the wholesubdivision or estate having been approved (and perhaps having been the subject ofappeals);• the capacity for rival developers to lodge “commercial” appeals to frustrate rivals’projects; and• the existence of appeal rights against Estate Development Plans for greenfield housingestates in areas reserved for such use under the Territory Plans.One contributor to the Review noted:The planning jurisdiction in ACAT is unlimited as to the value of the project and therefore thematters which come before the Tribunal equals or exceeds any civil litigation which occurs inthe ACT Supreme Court. … Along with the high value of the jurisdiction and the controversycomes a complexity in detail in the ACT Territory Plan … this area of jurisdiction in ACAThas all the hallmarks of one which needs to be handled in a careful and sophisticated manner.I do not believe that panels hearing planning matters are particularly suitable for that job.Many members preface the commencement of a planning matter by informing the parties thatthey too are amateurs and need to be guided on the detailed provisions of the Territory Plan. Ido not intend to criticise the modesty or the open mind of planning members, but … there arevery few lawyers or qualified planners represented in the panel of persons who normally hearplanning matters.Proposals were raised with the Review to restrict the standing of objectors to persons with agenuine and close interest in the matter at hand or restrict the basis on which objections mightbe taken to ACAT (e.g. excluding increased traffic where expert engineers are able to provideevidence of capacities and flows and alignment with national standards).The Review notes that during implementation of the Stimulus Package in 2009 (both forsocial housing and schools) special dispensation was granted to identified projects limitingthird party appeal rights.The Review recommends the Government establish a circuit breaker team to examine optionsfor revising appeal rights that strike a different balance between facilitating permitteddevelopment and allowing people affected by developments to object. The Governmentmight also consider appointing members of the Tribunal with greater experience in theplanning and development sphere.Administrative Arrangements Changes: 197