On Monday night the long-awaited Development Application for Stage 1 of the Battery Point walkway will be considered by the full Hobart City Council.
Last week the Development Services Committee voted 3:1 to recommend its approval to the full council, subject to a huge number of conditions.
I cannot speculate or comment on the merits of the development or what the full council vote will be – due to the constraints of the law – until it is debated on Monday.
Only one objector fronted the Development Services Committee to outline his concerns. That in itself is very unusual as the committee is usually inundated if there are concerns. So, in light of not knowing what was the basis of objections I have read the originals of the 55 representations against the development of this infrastructure project. Only a summary of their issues is contained in the planning report.
I have read hundreds of representations in the 21 years I have been on Hobart City Council. Very few have ever used a lawyer to make their representations. Not so the waterfront residents. It appears they have all engaged lawyers. None of them have acknowledged the extensive and detailed studies to address heritage, engineering, planning, design, environmental, consultation and social aspects of this walkway undertaken on behalf of the applicant (HCC), at great expense.
Nor have they commented on the Heritage Council’s approval or the Battery Point advisory committee in-principle support or the widespread desire by the community to construct this infrastructure.
Of the 55 objectors one representation seems to be wrongly characterized … as the comments in it were generally supportive; only having concerns about parking in Marieville Esp and the adjacent Errol Flynn park.
Lobbying from former prominent Labor figure
Of the others, five were from people resident in other Australian states (2 from Sydney, 2 from Melbourne, 1 from South Australia. There was even an international objection from a person who lived in New York City. There were a number of representations from the outer suburbs inside and outside Hobart city (including Kingston and Roches Beach).
Interestingly there were a number from companies whose addresses were not apparent. I can make the connections with some of these representations to the owners of the foreshore property. As Tasmania has the most generous planning appeal laws in the nation on whom are considered parties to any development, it is probably not relevant to elaborate the connections … but (see below): it is going to change.
One would have expected many non-foreshore residents of Battery Point to object if they were concerned. This is not the case, as apart from the few addresses in Napoleon St whose properties are adjacent to the water (Stage 1) it is the serious objections from Marine Terrace and Clarke avenue residents (only affected if Stage 2 is built) that form the bulk of the representations; very few objections were from residents in the historic village of Battery Point.
Why is it important for the Clarke Ave and Marine Terrace foreshore residents to enter the battle? It is clear to me: they must stop Stage 1 now (and are willing to put significant resources into the fight) … so Stage 2 is then never ever considered.
But there is another dimension, the Liberal State Government has signalled, as part of its planning reforms, an intention to restrict third party appeal rights as a means to speed up development approvals generally. They have indicated that only immediate neighbours will have the right to appeal. So if we get to Stage 2 then only maximum of 12 or so objections will allowed. This must be concerning.
The Monday night decision is not a foregone conclusion. Some aldermen (not me) have been heavily lobbied by phone by one former prominent Labor figure and dare I say, other pressure is being applied.
So in my view, the real battle will happen in the courts – sadly not only for the ratepayers’ public purse – but the denied widespread community benefits (if the Council approves the DA on Monday night.)
JEFF BRISCOE UPDATE …
• Alderman Jeff Briscoe said he was absolutely delighted that the council tonight voted to approve the BP walkway Stage 1, 11 to 1. He called upon the few objectors on the waterfront not to fight the council and work with the council to achieve the best outcome and save the community what could be high legal costs. “The time has come for this project. Once built the benefits will flow to the people of Hobart finally. Little justification is required.”
