Sunday Canberra Times March 28 2010

Revamp of the planning process builds a sound

footing
By Stuart Collins

Builders, designers and developers who have been venting their frustration with elements
of the ACT planning review process for some time now would have welcomed statutory
changes to the ACT Civil and Administrative Tribunal laws passed recently by the
Legislative Assembly. Prior to these changes, the Housing Industry Association,
Australia’s peak industry body for residential building, renovation and development, had
consistently highlighted industry’s concerns to government.

Many developments that had been approved by the ACT Planning and Land Authority
were being held up indefinitely through appeals within the tribunal that went inexplicably
beyond the 120 days set down for an original review determination. This 120-day time
frame was being undermined by an internal appeal mechanism that protracted matters.

The net result of this internal appeal mechanism was that it generated uncertainty and led
to the industry incurring additional expenses, including but not limited to, interest,
holding costs and an escalation in the cost of labour and materials. These costs were
inevitably passed on to consumers and were having an adverse effect on affordability, not
to mention the huge disincentive to investment in the ACT caused by an unpredictable
and far too easily accessible planning appeal system. In some instances even exempt
developments were being challenged when clearly the development was in accordance
with planning policies and laws. With a minimal application fee of $178 and no powers
available to ACAT to award costs, vexatious and frivolous applicants could act with
impunity.

The latest amendments ensure certainty in relation to reviews under land, planning and
environmental laws by providing that the tribunal must decide applications within 120
days after the day the application is made. Any further appeals can go to the Supreme
Court and may only be in relation to a question of law from the original decision of the
ACAT. These amendments are intended to restrict the number of occasions on which a
party may canvass the merits of a decision, rather than the legal basis on which the
decision was made.

Other amendments clarify who can be added as a party to ensure only those with a proper
interest and standing can intervene, and the imposition of more rigour around the time for
lodging applications for review. The tribunal will also have powers to make a cost order
against parties who are vexatious. This is a much-needed deterrent that will help ensure
legitimate developments are not unnecessarily delayed. From a tribunal perspective, it
will also free up time and resources.
Striking a balance between the rights of the community to review administrative
decisions and the rights of the developer to carry out construction unhindered on the basis
of an approval is often problematic. However, with these changes, the ACT Government
has listened to the HIA and the industry and delivered a more equitable planning review
system that will achieve better outcomes for the community.

Stuart Collins is ACT and Southern NSW executive director of the Housing
Industry Association.

Note: copyright of the material in this clipping resides with Fairfax Media. Usage
permitted in accordance with the Australian Copyright Act 1968, Section 42: Fair
dealing for purpose of reporting news. Source: The Canberra Times – 28 March 2010