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Sunday Canberra Times March 28 2010

Revamp of the planning process builds a soundfootingBy Stuart Collins

Builders, designers and developers who have been venting their frustration with elementsof the ACT planning review process for some time now would have welcomed statutorychanges to the ACT Civil and Administrative Tribunal laws passed recently by theLegislative Assembly. Prior to these changes, the Housing Industry Association,Australias peak industry body for residential building, renovation and development, hadconsistently highlighted industrys concerns to government.

Many developments that had been approved by the ACT Planning and Land Authoritywere 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 timeframe 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 ledto 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 wereinevitably passed on to consumers and were having an adverse effect on affordability, notto mention the huge disincentive to investment in the ACT caused by an unpredictableand far too easily accessible planning appeal system. In some instances even exemptdevelopments were being challenged when clearly the development was in accordancewith 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 withimpunity.

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

Other amendments clarify who can be added as a party to ensure only those with a properinterest and standing can intervene, and the imposition of more rigour around the time forlodging applications for review. The tribunal will also have powers to make a cost orderagainst parties who are vexatious. This is a much-needed deterrent that will help ensurelegitimate developments are not unnecessarily delayed. From a tribunal perspective, itwill also free up time and resources.

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Striking a balance between the rights of the community to review administrativedecisions and the rights of the developer to carry out construction unhindered on the basisof an approval is often problematic. However, with these changes, the ACT Governmenthas listened to the HIA and the industry and delivered a more equitable planning reviewsystem that will achieve better outcomes for the community.

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

Note: copyright of the material in this clipping resides with Fairfax Media. Usagepermitted in accordance with the Australian Copyright Act 1968, Section 42: Fair

dealing for purpose of reporting news. Source: The Canberra Times 28 March 2010