Will the ACT government's new planning act be able to solve the territory's development woes?

Little wonder, given the ACT's current planning system is a bit of a mess.

Over the years, the planning act has become complicated and messy with so many contradicting rules that make it difficult to navigate.

The ACT has been operating in a broken planning system during a time when new developments have surged in Canberra. The territory's chief planner, Ben Ponton, has even admitted the current system has allowed projects to be approved that are "not ideal".

But will the new "outcomes-based" planning act actually fix the system? How will outcomes be judged? And will the community be satisfied?

Under the current system, if the rules allow for an eight-storey building with 100 apartments, a minimum of 20 trees and two retail stores on a ground floor - a developer only needs to ensure those minimum requirements are met and the application could be approved despite community objections.

A developer could propose an ugly, brown building with tiny cramped apartments and retail tenancies that cannot be filled. This is not a good system to operate in and a focus on the final product does seem like a better approach.

But while it is good in theory to have a system that is reliant on outcomes, the real test will come when the new planning act is introduced, how will an outcomes-based system operate in practice?

The new legislation will set out "good planning principles", which officials say will help to form the basis of what the best outcomes are. But outcomes are also subjective and this will no doubt continue to cause frictions in the community.

The new planning bill has also ditched the use of controversial "call in" powers and the new "territory priority projects" power has been touted as being more independent and allowing for greater consultation.

But it is really just a call in power in reverse. The planning minister's direction will still mean that a project cannot be challenged when it is ultimately approved, even if the final approval lies with the chief planner.

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The new powers will also benefit government projects, Planning Minister Mick Gentleman has already indicated it could be used on projects such as the light rail and the Canberra Institute of Technology campus in Woden.

In order for it to be considered a "territory priority project" it must meet certain criteria. The proposed project must be critical infrastructure, provide a significant benefit to Canberrans, be time-critical and there must be significant public consultation.

Again, the criteria is subjective. The ACT government is clearly going to deem its projects as being critical infrastructure, time-critical and beneficial to Canberrans.

Some in the community may also be concerned that consultation will be fruitless if the government has already deemed the project as a priority.

Consultation is a big part of any planning system but at this stage it's not exactly clear what the new processes will be. The ACT government has promised to seek the views of the community to develop consultation principles. This will be interesting to watch.

But no matter what the changes are, planning will continue to be a contentious issue in Canberra and new legislation is not going to change that.

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