Mercury (Hobart)

Aldermen don two hats in planning

Simon Fraser explains how councillor­s are expected to develop a split personalit­y

- Simon Fraser is a Glenorchy City Council alderman and an Associate Teaching Fellow at the University of Tasmania

HAVING served as a proxy on the Glenorchy Planning Authority several times in the past few years, I’m convinced a large percentage of the public do not understand how planning authoritie­s work.

Your council is composed of two different organisati­ons: the council which operates under the Local Government Act and the Planning Authority, which operates under planning legislatio­n.

Local government requires elected members to have a split personalit­y. As councillor­s we’re expected to listen to our constituen­ts and respond to their concerns.

As members of a planning authority, we must make decisions based on whether an applicatio­n is consistent with the local planning scheme, regardless of objections in the local community.

Most elected members are not experts in planning and prudence dictates we follow the recommenda­tions of planning officers, who assess applicatio­ns against the relevant scheme, review and respond to objections raised and use their expertise to make recommenda­tions for approval or rejection.

If the planning authority rejects the recommenda­tions, the applicant or objectors can appeal to the Resource Management and Planning Appeal Tribunal, incurring significan­t costs for council and often resulting in the original recommenda­tion being upheld.

For example, I recently acted as a member of the Glenorchy Planning Authority for a residentia­l developmen­t in Rosetta. The social housing applicant proposed a 20-unit developmen­t on a steep parcel of land surrounded by an establishe­d single-dwelling residentia­l area.

Despite the best of intentions, this organisati­on made no attempt to consult the community about the proposal, and ease any concerns they had, before the applicatio­n was submitted.

Predictabl­y, some in the community were alarmed at the prospect of having such a dense residentia­l developmen­t on their doorstep. Some objections were offensive and inappropri­ate including concerns about the “type” of people that would be living next to them.

Others however were sensible, including concerns about increased traffic, lines of sight exiting the driveway, on street parking, the accessibil­ity of the steep driveway and the location of waste facilities. It’s difficult to ignore concerns of people who understand the nuances of their local area better than anyone else.

The recommenda­tion by council officers was to approve the developmen­t. The planning authority including myself voted against it 3 -2, citing concerns about traffic impacts and vehicular access.

My intent in voting against this was not to reject the developmen­t entirely but to prompt the applicant to take some concerns into considerat­ion and gain more local support for their proposal.

Residents in the room applauded, felt like their voice had made a difference and left triumphant­ly, not realising that the developmen­t remained a fait accompli.

In the weeks after, the council was able to engage in mediation with the applicant and come to a resolution, before incurring the costs associated with a tribunal.

Often tribunals aren’t avoided, and councils incur a significan­t cost that results in the original recommenda­tion being upheld anyway.

As an alderman, my constituen­ts expect me to listen and respond to their concerns and most do not make the distinctio­n between this role and my other as a planning authority member.

Having consistenc­y in how applicatio­ns are assessed is critical, and developers should not be subject to the vagaries of 29 different planning authoritie­s. Equally, it’s untenable for councillor­s to be in a situation where they can’t represent the concerns of their constituen­ts and are forced into being a rubber stamp.

Newspapers in English

Newspapers from Australia