The ACT Legislative Assembly has passed new laws that prevent community members from launching third-party appeals against public and community housing developments. The government states this significant change will fast-track the delivery of much-needed homes across the territory.
A Four-Year Ban to Accelerate Construction
In a move finalised on Wednesday evening, the Assembly approved legislation introducing a four-year ban on third-party appeals against development approvals for public and community housing projects. This ban is set to expire on December 31, 2029, due to a sunset clause. The laws resulted from a collaborative agreement between the ACT Labor government and the Greens.
ACT Planning Minister Chris Steel argued the reform was essential. "Unfair third party appeals of public housing projects don't exist in major states," Mr Steel said. "The only outcomes of these appeals is to delay much-needed public and community housing by up to a year, depriving the most vulnerable Canberrans of shelter."
The government's figures revealed that over the past five years, more than 130 public housing dwellings have been delayed by such appeals. Nearly 95 per cent of these stalled projects were located in Canberra's inner north and inner south.
Aligning with Other States and Sector Support
The new legislation brings the ACT into line with states including New South Wales, Queensland, Victoria, and Western Australia, where similar restrictions on appeals for public housing exist. The government emphasised it worked closely with the social and affordable housing sector to ensure the laws also benefit genuine community housing projects.
Frances Crimmins, Chief Executive of YWCA Canberra, welcomed the change. Her organisation had previously defended a community housing project in Ainslie against third-party appeals. "Addressing Canberra's ongoing housing supply needs will require options across the affordability and policy spectrum," Ms Crimmins stated. "Do we continue to see people experiencing homelessness on our streets, or do we choose to ensure they have a place to call home in our neighbourhoods?"
Ashlee Berry, Executive Director of the Property Council ACT and capital region, echoed this support, saying fast-tracking this housing was "the right call." She added that providers need a planning system that treats such projects as essential infrastructure.
Controversy and Compromise in the Assembly
The path to the law's passage was not without opposition. A parliamentary inquiry in May recommended the bill should not proceed, citing concerns it would limit oversight and that there was little evidence it would speed up construction. Residents' groups labelled the original proposal as "undemocratic," arguing it stripped the public's right to hold the Planning Authority accountable.
However, the Greens negotiated key amendments to secure their support. These amendments were crucial to the bill's success. Beyond adding community housing to the scheme and implementing the sunset clause, the changes also require that the Conservator of Flora and Fauna and the ACT Heritage Council must approve proposals before they can proceed as territory priority projects exempt from appeals.
Minister Steel described the final legislation as a "compromise position" that balances the urgent need for housing with appropriate checks and balances. The government first unveiled the proposed laws in February, aiming to circumvent delays caused by appeals in the ACT Civil and Administrative Tribunal.
