WRITTEN BY Victoria McGinness
A bill to amend the Planning Act 2023 to exclude third parties from seeking review of development proposals related to a public health facility or public housing in the ACT Civil and Administrative Tribunal has been presented to the ACT Legislative Assembly.
The bill would make public health facilities and public housing “Territory Priority Projects” under the Act, which currently also includes development proposals related to light rail.[1] These projects are exempt from ACAT merits review which, subject to certain restrictions, is generally otherwise available to third party objectors in the ACT.[2] The decision-maker for any development applications for these projects would also then be the Minister, not the territory planning authority.[3]
If passed, the legislation would significantly reduce the scope for third party objectors to challenge the approval of public health and public housing developments in the ACT. Those seeking to challenge these decisions may be limited to seeking judicial review in the ACT Supreme Court.
The full text of the bill is available here > https://www.legislation.act.gov.au/View/b/db_71100/current/html/db_71100.html
If you would like further information about, or assistance with development in the ACT, please contact Alice Menyhart, Andrew Brickhill or Victoria McGinness from the Local Government & Planning team.
[1] Section 216 of the Planning Act 2023.
[2] Section 504 and Schedule 6 of the Planning Act 2023.
[3] Section 144 of the Planning Act 2023.