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The development approvals process risks becoming a 'wild west on steroids' in Tasmania, if proposed planning reforms come into play, a group of mayors have warned.
The Tasmanian government is seeking to establish independent Development Assessment Panels, appointed by the Tasmanian Planning Commission, which would see certain development applications bypass local councils.
The four Greater Hobart mayors present a united front against the plan. (ABC News: Kate Nickels)
According to the draft legislation, developments that could apply to be assessed by DAPs include:
- Applications that include social or affordable and are endorsed by Homes Tasmania
- Proposals valued at more than $10 million in a city, $5 million in other areas
- And proposals valued over $1 million if the council is the applicant
It would also enable the planning minister to direct the commission to establish an assessment panel if:
- A development was "considered significant or important" to the area where it would be located in or state
- Is "controversial, or likely to be controversial"
- Is overly complex
- The planning authority has, or is likely to have, a conflict of interest
Clarence mayor Brendan Blomeley said the legislation was "a solution looking for a problem", which would take "the voice of the community out of planning decisions".
He said a particular concern was that the legislation wouldn't allow for appeals to be lodged on merit grounds.
"This is cowboy stuff," Cr Blomeley said.
"This is the wild west on steroids. This is not a good planning outcome for our state."
Kingborough Council mayor Paula Wriedt described the legislation as a "complete overreach."
She said while there was some initial consultation with the sector, once the government had announced the plans, concerns raised by councils weren't reflected in the draft bill.
"We believe it's not appropriate legislation to go before the parliament because it is very light on detail on a whole range of issues and not really fit for purpose."
Cr Wriedt said that rather than taking the politics out of planning, as the government was pitching, it would have the opposite effect "by inserting the minister for planning very firmly into more planning decisions than he currently has the ability to do".
The proposal has been criticised as a "superficial response to development issues" and did "nothing to fill the serious gaps at the very foundations of our planning system". (ABC News: Jacinta Bos )
Peak body raises concerns
The Local Government Association of Tasmania is set to confirm its formal policy position on the DAPs proposal at a general meeting later this month.
However, in its submission on the bill, the peak body condemned the government's approach to consultation, describing it as "inflexible and unresponsive to the voice of local government".
The submission noted, that in Tasmania more than 12,000 development applications were determined by local councils in 2021-22.
Between 85 — 90 per cent of those are typically determined under delegation by council officers, rather than coming before elected representatives.
"We also know that councils approve the overwhelming majority of developments, over 95 per cent," the submission reads.
It said the DAPs proposal put forward in the bill was a "superficial response to development issues", and did "nothing to fill the serious gaps at the very foundations of our planning system".
"We know that this bill does not help our foundational gap and merely shifts decision making, and that it only applies to very, very few development applications".
The Chambroad development was recently granted "major project" status by the Tasmanian government and will be assessed before an independent panel, bypassing the local council. (Supplied: Chambroad Australia)
Property council backs changes
However, while the DAPs are yet to secure the support from some, they've got the backing of Tasmania's property council.
Executive director Rebecca Ellston said she believed the panels would "transform the development process" by "introducing unbiased and expert assessment of development applications".
"Currently, the development assessment process can sometimes be highly politicised," Ms Ellston said.
"One of the key successes of the DAPs system is the involvement of independent experts that help strike an appropriate balance between local representation and professional advice in decision-making, by ensuring the decisions made by the panel are based on the planning merits application."
She said the council was supportive of having an elective representative of local government on the panels.
Rebecca Ellston says the DAPs method would result in "unbiased and expert assessment of development applications". (ABC News: Ebony ten Broeke)
Government hits back at 'self interest' of local mayors
Tasmanian Premier Jeremy Rockliff backed in the legislation, and said he "wasn't interested in mayors that have self interest and grandstanding".
He said too often housing developments had been knocked back due to planning matters at a local government level, and the government was "interested in getting things done."
"I recognise that local mayors are not happy, but frankly it's grandstanding," Mr Rockliff said.
"This is an example of sensible planning reform."
He said the reforms would in no way undermine the voices of communities.
The draft legislation is expected to be tabled in parliament at the end of the month.
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