The ACT Government blamed public housing delays on ACAT appeals, but the committee found otherwise. Photo: Claire Fenwicke.
The fate of the government’s plans to end appeals to the ACT Civil and Administrative Tribunal for public housing and health projects is in the balance after a Legislative Assembly committee report came down against the move.
The Planning (Territory Priority Projects) Amendment Bill is listed for debate in the Assembly today, but the Greens want to amend it and Planning Minister Chris Steel will attempt to negotiate a way through with all parties.
The bill is directed at community organisations opposing and delaying public housing development, particularly in the inner north and south. Mr Steel says appeals against public housing DAs were overrepresented in ACAT.
It would automatically classify all public housing health projects as TPPs.
But the majority report from Green Jo Clay, independent Fiona Carrick and Liberal Peter Cain found that the bill represented a false choice between faster construction of public housing and maintaining the current appeals process.
It said appeal rights could already be waived by declaring public, community and social housing and public health facilities as TPPs under section 218 of the existing legislation, after community consultation and Assembly oversight.
But the proposed bill would mean no consultation and oversight, and remove the ability for these projects to be listed or declared as TPPs at all under section 218.
The report rejected government claims that there were technical barriers to public housing developments being declared TPPs under section 218, saying it did not explain how public housing would not meet the legislation criteria.
Any barriers could be dealt with through amending the legislation, it said.
It said the government had not provided evidence that appeals were a significant cause of low public housing stock and argued there were better ways to speed up the supply of public housing.
The committee found that problems lay in a lack of community engagement, in the planning system itself and supply, construction and labour issues.
It recommended that ACAT, Housing ACT and the Planning Authority be better resourced, and ways be identified to streamline DA assessment.
The report found that the existing system of declaring TPPs provided a safety net through Assembly oversight so mistakes can be detected and corrected.
“A number of witnesses gave evidence about Housing ACT development applications not meeting planning system requirements,” it said.
“The Committee also notes recent negative findings about Housing ACT programs and projects from the ACT Ombudsman and ACT Auditor-General.
“The Committee thinks it is unwise to assume that the ACT Government will not make any mistakes involving planning or public housing decisions.”
Labor’s Caitlin Tough submitted a dissenting report supporting the bill.
Greens leader Shane Rattenbury flagged an amendment to the proposed bill.
“Today’s report has underlined the need for the government, in cooperation with the crossbench, to go back to the drawing board and come together with a path forward to ensure we can make public housing a priority project,” he said.
Mr Steel said the Committee’s report was disappointing and would result in continued delays of much needed shelter for the most vulnerable members of our community.
He said the recommendation would subject public housing and community housing developments to a double process, including making each individual housing project subject to a vote of the Legislative Assembly.
“Reforming the planning process for public housing is part of the parliamentary agreement with the Greens and the government will attempt to negotiate with them (and other parties) to achieve the outcome of preventing unfair delays to the construction of new public and community housing,” he said.
Housing lobby Greater Canberra said the Greens, Liberals and Fiona Carrick had decided that the interests of Yarralumla, Ainslie and Griffith NIMBYs were more important than our society’s most vulnerable.
“This is a bitterly disappointing position that will make public housing more expensive and slower to deliver, and contribute to a lengthening public housing waiting list,” convenor Howard Maclean said.
“We call on all parties to continue negotiating and pass a form of this bill that can take steps to solving this dire problem for public and social housing provision.”
Property Council ACT & Capital Region Executive Director Ashlee Berry said the report was a disappointing setback in efforts to reform a planning system that continues to delay critical housing.
“The committee’s decision to defend a broken status quo will do nothing to ease the housing crisis or speed up delivery,” Ms Berry said.
“The ACT is facing record-low housing commencements and growing public housing waitlists. We need bold action, not more layers of bureaucracy.
“Appeals that delay well-located, policy-compliant housing projects are contributing to a worsening housing shortage – and every month of delay makes things worse. We urge the Assembly to find a constructive path forward and deliver genuine reform that supports housing supply and investment confidence.”
