The ACT Minister for Planning, Brendan Smyth, is right to say that the planning appeal process should not be used by rival businesses to prevent development. He was commenting after using his call-in powers to put an end to appeals against a cinema complex and licensed premises in Tuggeranong. The appeals had been lodged by rival businesses.
Despite Mr Smyth’s sensible sentiments, however, there are dangers with the call-in powers. If the Government had a better track record on planning retail space and a better track record on protecting residential amenity, the community might have more trust in a system which contains such sweeping power for a Minister to approve or block development at the stroke of a pen. Sometimes such power is needed to cut away appeals with no planning merit whatever, as was apparently the case here.
However, the Government’s failure to consider adequately the concerns of small businesses in Manuka in approving Section 41 and its failure, particularly in North Canberra, to protect residential amenity in the face of medium density development, give cause for concern as to whether the call-in powers will always be used wisely.
It would be better to have a retail strategy and planning regime that got the balance right in the first place so that a call-in power were not needed.
The call-in power is one-sided. If it is used to allow a development, then the development goes ahead. If it is used to disallow a development, the developer can always resubmit until ultimately the development (albeit in a modified form) goes ahead.
The Government has been far to quick to approve whatever development comes along because it is desperate for the money without taking a longer view that would prevent the killing of the goose that lays the golden egg that is our bush capital.