There has been a long community-led campaign to oppose the plan to build a cable car up the face of kunanyi/ Mt Wellington, the mountain above Nipaluna/ Hobart. There is another important moment in the campaign.
The Tasmanian Government has now released the Development Assessment Panel (DAP) draft bill for comment. There are fears that, if passed, this legislation would mean that future Development Applications will be assessed by DAPs appointed by the Tasmanian Planning Commission rather than local councils.
The following information comes from Residents opposed to the cable car (ROCC):
We need to flood the Tasmanian Government with our response that this legislation is wrong on so many levels and should be abandoned. It could allow contentious projects such as a cable car on kunanyi to be assessed by a Development Assessment Panel (DAP) instead of the local Council. There would be no opportunity for a merits appeal.
Background:
In October 2023 the Tasmanian Government published a position paper outlining a plan for taking decisions about Development Applications away from Local Government and having those decisions made by DAPs appointed by the Tasmanian Planning Commission. 542 responses were received. The summary of responses in the government’s Report on Consultation Dap Framework Position Paper states in part:
“There was an overall sense of opposition to the introduction of a DAP framework in providing an alternative development assessment pathway.The main reasons for this opposition, as expressed in the submissions, are as follows:
− Tasmania’s planning system is performing well and there is no demonstrated need to introduce a new development assessment pathway;
− the DAP framework does not achieve its stated intent of deconflicting council’s roles;
− fears that the Government will select panel members, thereby introducing bias and political interference in the planning process;
− taking planning decisions away from elected members undermines local democracy and reduces community participation in planning processes;
− the removal of merit appeal rights is unjust;
− further complicates an already complicated system. “
Well done to all who took the trouble to make a submission. Our overall opposition is now on the record. The Consultation Report continues the unsubstantiated assertions that social and affordable housing is being held up by the current planning system and would be better served by use of DAPs. No evidence is advanced for this assertion.
If this were the real justification for the legislation, we would expect the draft bill to have DAPs apply only for social and affordable housing, but the draft bill would in effect allow a developer, with the agreement of the Minister to have any development assessed by a DAP instead of the local Council.
The draft bill is every bit as bad as foreshadowed, with little change from their original position paper. In addition to removal of appeal rights it appears not even to require the DAP to publish reasons for their decision. Here is a link to the draft bill;
Essentially it would appear that the Tasmanian government are determined to push on with this legislation even though they know it is unjustified and unsupported by the community.
They would like us to remain silent. It is vital that we do not!
Members of Parliament of all persuasions need to be kept aware of our ongoing opposition for all the reasons listed above.
There are three things you can do.
- Make a submission about the draft legislation at the email address
yoursay.planning@dpac.tas.gov.au
Planning Matter Alliance Tasmania (PMAT) has a submission guide at https://planningmatterstas.org.au/take-action-daps/
Or if you have the time, you can write your own from scratch. Have a look at the
Consultation Report and draft legislation at:
https://www.stateplanning.tas.gov.au/have-your-say/consultations/lupaa-amendments/draftlupaa-development-assessment-panel-amendment-bill-2024
Submissions close 5pm 12th of November.
2. Copy your submission to members of Parliament. (PMAT has an address list you can copy and paste). Our best chance of stopping this is in the Legislative Council, so lobbying Members of the Legislative Council is probably the most productive thing we can do. We can lobby right up until the bill is before the Legislative Council (possibly later this year).
3. Get your friends involved. If this legislation get through it would mean any contentious project could be taken away from Local Government and given to a DAP to decide with no rights to merits appeal. Bad as it could be for our mountain, it opens the way for egregious projects to be approved statewide.
Mountain Journal 
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