System structure is referring to the foundations of our Planning System. It relates to the components or instruments that make up the planning system, including their individual roles and interrelationship. This includes primary legislation, the Planning and Development Act 2007 (the Act), strategies (such as the ACT Planning Strategy 2018) and interfacing policy and development controls (contained within the Territory Plan). System structure is often shaped or influenced by the stated purpose and/or objectives of planning.
The Planning System
The planning system sets out the long-term strategic policies for development within Canberra and puts in place the controls to achieve this. These two interconnected elements of the planning system are known as Strategic Planning and Statutory Planning respectively and together they shape what type of development should and can occur in different areas across the Territory.
Strategic planning elements are forward looking, expressing the desired planning and development directions for the Territory. They set out long-term policy objectives of an area and provide direction on how these areas are expected to change over time as part of managing population growth and other challenges. Strategic planning elements often describe the future location, form, type and character of an area and the infrastructure likely required to support them including roads, schools, and parks.
Statutory planning elements are legal documents that outline the rules and regulations that direct and regulate how land can be used and developed and the processes through which these changes are considered and determined. The principle statutory document, for Territory managed land in the ACT, is the Territory Plan.
The planning system structure and interfacing and related policy
System structure gaps and challenges
Our work to date has highlighted the following gaps, challenges and opportunities for improving the system structure.
- The objects of the Act are narrow, limiting the extent and strength of policy in relation to planning’s role in effectively managing growth, promoting high quality design and protecting cultural heritage.
- The relationship between strategic and statutory planning is not strong, meaning the development outcomes facilitated by the Territory Plan are not clearly aligned with the directions of the Planning Strategy.
- Interfacing government policy plays no formal role within the system, limiting the extent to which broader government policy is reflected through development controls.
- The disconnect between planning strategies and development controls impacts how the community participates and can influence the system.
Community and industry feedback
Three broad issues were identified through the consultation process to date that relate, to varying degrees, to system structure:
- The community is broadly supportive of the Planning Strategy but is concerned that its directions will not be implemented.
- The community is concerned by the scale and density of new development and its impact on the character of Canberra.
- The community feels that the current planning system is too complex, which makes the planning process and long-term development directions for the Territory difficult to understand.
Proposed directions and changes to the system structure
| System Structure Direction No. | Proposed Directions | Potential changes | Rationale |
|---|---|---|---|
| SS1 | Introduce statement on the purpose of planning that recognises planning’s interface with other policy and its role in promoting the prosperity of the ACT community. | Introduction of purpose statement into the Act that references concepts such as design quality, urban character, and sensitive management of population growth. | Defines context in which planning operates, the policy areas it should address. Offers weight to the consideration of areas of community concern. |
| SS2 | Expand objectives of planning to reference revised purpose and spatial vision as well as the desire to promote high-quality built form outcomes. | Introduction of additional objects into the Act in relation to concepts such as landscape character, character of individual districts, highquality design outcomes, acknowledgement of Aboriginal culture and values and promotion of interfacing government policy. | Adds to purpose by providing high-level direction to preparation of policy that is required to support system operation and delivery of desired outcomes. |
| SS3 | Clearly define the hierarchy of elements, their respective role and purpose as well as interrelationships. | Introduce stronger direction into the Act on the intended purpose and content of each element (the Planning Strategy, Territory Plan and Statement of Planning Intent), the relationship between each, and their individual roles in delivering objectives. | Reduces duplication or risk of conflict between components and enables community to better understand how directions in strategy may be reflected in development controls. |
| SS4 | Differentiate the role of the Planning Strategy from the Statement of Planning Intent to provide greater clarity on the purpose of each. | Related to the above, the Planning Strategy and Statement of Planning Intent could be clearly differentiated by the timeframe addressed by each document. For instance, the Planning Strategy could be required to cover a 30-year horizon and the Statement of Planning Intent could be required to address the actions the planning and land authority should take over a five-year period to address the relevant directions of the Planning Strategy. | As above. |
| SS5 | Introduce requirement for consistency between development controls and planning strategies to mitigate risk of decisions contrary to spatial vision and objectives. | Introduction of requirement in the Act for Territory Plan amendments to be consistent with the relevant directions of the planning strategy. | Supports transparency of decision making and addresses community concerns that policy directions are not being reflected in development outcomes. |
Next Steps
Adopting a reformed system structure is arguably the most important enabling change for wider reform. The system structure provides direction to all other areas of the project; it defines what supporting policy development is required and how development controls or processes for development assessment may need to be evolved.
Work has commenced on a range of technical task and will continue through 2021. Outcomes of this technical work will be used to develop implementation proposals in 2021.
For more information read the full paper on System Structure (PDF 2.7MB).