Labor moves to scrap ACAT third-party appeals to put public housing and health projects on the fast track

Public housing and health projects will be fast-tracked through the approvals process by scrapping third-party appeal rights to the ACT Civil and Administrative Tribunal.

Planning Minister Chris Steel will introduce legislation into the Legislative Assembly today, automatically classifying public housing and public health developments as Territory Priority Projects, as is the case with light rail.

This means that approval will rest with the Minister, on advice from the Territory Planning Authority, and that decision will be final.

Labor has been frustrated by the delays in its public housing program caused by appeals to ACAT. Most of these appeals have been denied, but only after months of costly legal wrangling.

The government says more than 100 homes have been affected, denying people on the waiting list a roof over their heads.

It says that 20 ACAT appeal applications for public housing developments have been filed since 2019, amounting to about 13 per cent of all ACAT appeals on development applications.

The government says more than 75 per cent of these appeals were ultimately resolved through mediation or with ACAT agreeing with the original decision, meaning costly delays could have been avoided, the government says.

Most appeals have been made by resident groups concerned about density, green space, and traffic, as well as challenging alleged breaches of the planning rules.

In some cases, ACAT took the Planning Authority to task for approving non-compliant public housing proposals.

Labor flagged the move during the election campaign, with the Greens opposing it despite their more expansive public housing policy, calling it an extreme measure.

But Mr Steel will be hoping for the support of the Canberra Liberals after their planning spokesperson Peter Cain appeared to accept the proposition at Greater Canberra’s ACT Election Housing Forum on 2 October.

“Things that have an obvious social benefit that don’t insult, I guess, the environment, should deserve some sort of priority,” Mr Cain said.

“If that means denying third-party appeal rights, then so be it.”

The Liberals only this week called on Labor to speed up the approvals system for new housing after the ABS reported a slump in housing approvals.

Mr Steel said the Planning (Territory Priority Project) Amendment Bill 2025 was a practical measure to remove barriers to a home for families on Housing ACT’s waiting lists.

“We’ve seen far too many instances of delays to already approved public housing projects from costly appeals,” he said.

“This law means public housing and health facilities that significantly benefit the people of the ACT can be rolled out without unnecessary delays.”

This will include the new Northside Hospital and other walk-in and health clinics.

Mr Steel said Canberrans would still be able to have their say on all development applications through the independent planning process.

Under current legislation, the Minister could declare each individual project a Territory priority but the government says automatic coverage will be less complicated and more efficient, negating the need for a separate consultation period on the proposed TPP declaration and Assembly approval for a declaration.

Mr Steel has also decided to delegate his authority on all public housing projects to the Chief Planner if the bill passes. This will ensure that the large number of development applications anticipated in the future are assessed like any other application.

Homes and New Suburbs Minister Yvette Berry said the bill would support the planned delivery of 1000 new public homes by 2030.

“With so many Canberrans on the waitlist for public housing, many of whom are experiencing a range of vulnerabilities, we must pull out all the stops to get homes built as quickly as possible,” she said.

“The Territory Priority Projects process provides a pathway to achieve this goal while maintaining the normal development application process that enables neighbours and other parties to be consulted.”

Health Minister Rachel Stephen-Smith said prioritising public health infrastructure through the Territory Priority Projects process would ensure the ACT’s health services can deliver the care Canberrans need, when and where they need it.