Political planning decisions come at a high price

Ian Bushnell 14 February 2021 4
Planning and Land Management Minister Mick Gentleman

Planning and Land Management Minister Mick Gentleman is overseeing a planning system fraying at the edges. Photo: Dominic Giannini.

Planning Minister Mick Gentleman makes great play of the ACT’s independent planning system, but he seems to be making a habit of stepping in when political interests are at stake.

Last week there were two glaring examples of the government putting politics above a stable planning system that provides certainty to all parties.

Putting aside the merits of the decisions, the almost literal flushing away of the plans to redevelop the Chisholm Tavern and the canning of two waste facility proposals in Fyshwick raise questions about the planning system and the impacts such interventions have on business confidence.

Last year Mr Gentleman used his call-in powers to approve the Common Ground social housing development in Dickson. In 2019, he called in the Coles shopping centre at Dickson, in 2018, the Manuka Oval media centre project, and in 2016, the Williamsdale solar farm.

All could be argued as having a public benefit but what impact do such decisions have on the integrity of the planning system?


READ ALSO: Toilet block dethrones burger giant from taking Chisholm Tavern


Last week he decided the government would not remove a public toilet block standing in the way of the Chisholm redevelopment, which included a McDonald’s restaurant.

The long-fought battle had ended up in the ACT Civil and Administrative Appeals Tribunal after the planning authority had twice rejected the development application.

ACAT gave the all-clear, as long as the government OK’d the demolition of the toilet block.

This gave the government an out in the face of a wave of community support for the tavern, including petitions sponsored by Labor MLA Joy Burch and backed by local MLAs of all political colours, and the usual vitriol directed at the golden arches.

Mr Gentleman did not announce the decision but left it to his Brindabella colleague Ms Burch to post the good news on social media on Tuesday night (9 February).

Perhaps he was too busy preparing his speech introducing specially designed legislation in the Assembly on Wednesday to ban new waste facilities in Fyshwick, as promised by just about everybody at the last election.

Chisholm Family Tavern sign

Chisholm won’t be swapping this for the golden arches, for now. Photo: Region Media.

Fully expecting a price to pay for circumventing the planning system and in effect re-defining the purpose of Fyshwick, the bill allows for the two companies affected – Capital Recycling Solutions, and Hi-Quality Group – to make compensation claims.

CRS got all the way to lodging a DA after years of preparation and negotiation, spending more than $4 million so far. It is now rightly upset that the goalposts have not only been moved, but the playing field is completely different.

Director Adam Perry says the situation shows doing business in Canberra is risky, and he has a point.


READ MORE: Compensation payout looms as government bans new Fyshwick waste facilities


The government has been keen to attract waste processing and recycling players to Canberra and entertained various proposals over many years, but has only realised recently that it and the planning system’s view of Fyshwick have diverged from the reality on the ground and in the surrounding suburbs.

The end result has been a shambles, leaving the government with a political problem to solve before an election.

It should never have got to that point.

There may be excellent reasons not to allow the waste proposals to go ahead in Fyshwick, but they haven’t suddenly appeared.

The government still wants to work with the private sector on waste, but unless it can provide sites that are not susceptible to community opposition or objections from neighbouring businesses, and planning certainty, it’s going to be hard work.

In Chisholm, the proponent was promising to revamp a tired property and rejuvenate the centre. For some, it may have been a tough choice – a pub or Macca’s – but it appears the community is happy to keep its tavern, for now.

It will probably face another DA, at further cost, that will likely succeed, given the proponent should now know enough to shepherd it through.

What will Mr Gentleman do then?

Last week’s outcomes will be popular, populist, and could even be the right outcomes, but how we got to them comes with a price.

Taxpayers will likely have to compensate the waste proponents, and the planning system will be seen as capricious and a political plaything.

It also raises questions about whether Mr Gentleman is the one to oversee the current planning review.

As the ACT economy recovers from the pandemic, business leaders are calling for certainty from government. The community wants the same thing. This is not the way to go about it.


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4 Responses to Political planning decisions come at a high price
Geoffrey John Randal Geoffrey John Randal 4:15 pm 16 Feb 21

The writer doesn’t seem to make a real case of political meddling and interference causing chaos for business. The examples he cites seem ripe for the exercise of Ministerial authority. If the minister gets it wrong the courts or the voters can tell him/her off.

HiddenDragon HiddenDragon 9:36 pm 15 Feb 21

The ACT planning system is probably no more capricious and haphazard than the systems in other parts of the country, but it certainly isn’t helped by the vagueness of the business and economic policies (such as they are) of this government.

Just as the planning policies often look like window dressing to enable and cover for maximum ministerial discretion, the business and economic policies look like window dressing to distract from the reality that we are still, in essence, a public service town, reliant on the revenues from that, from local businesses which do well in an affluent captive market, and from land sales and taxation.

A government which looked beyond that currently comfy arrangement would have recognised that Fyshwick is not just home to award-winning baristas and boutique retailers, it is also one of the few places where small, start-up businesses – which might end up as international successes but begin on shoe-string budgets – can afford to operate in this town, and would have factored that in to its handling of the waste proposals at a much earlier time.

chewy14 chewy14 6:28 pm 15 Feb 21

Good article.

No matter what you think of the outcomes of these decisions, surely everyone must agree that the process getting there is woeful and will have significant negative consequences.

Bill Gemmell Bill Gemmell 10:52 am 15 Feb 21

I recently took the opportunity to read the Planning laws. Maybe the law needs to be revised extensively first. Not sure I detect an appetite though.

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