Fergo the New Scomo, Drunk on Executive Power

By what executive power will Minister Michael Ferguson change the Urban Growth Boundary (UGB) for Skylands ‘within 5 weeks’?

Minister Ferguson wants more consultation. Well:

• Clarence City Council’s community survey found 64% of respondents opposed the project, only 23% supportive. (Officer Report s.14.3)
• A petition opposing the UGB change was signed by over 5,000 people
• Consultation with other councils has occurred. None were in favour but wanted the decision deferred, pending the promised ‘prompt, targeted and holistic review’  – (Officers Report s.15.1)

On two previous occasions (Clarence) council officers have argued against changes to the UGB citing the ‘imminent strategic review’. Why is the Skylands project different?

Greater Hobart Committee

UGB changes are made by the four Mayors and four Ministers on the Greater Hobart Committee, where matters are ‘decided by the votes of the majority’ (Reg 10 (2).

As the ‘holistic review’ has yet to occur, the position of the four Greater Hobart councils is unlikely to change.

The Local Government Act requires Mayors to represent the council s.S27 (1) (f).

Unless a council changes their position, or a Mayor breaks the law, the Minister will not be able to achieve his purpose. In the interests of transparency, the votes of that meeting should be made public.

So, Minister, by what executive power will you unilaterally change the UGB?

Referenced material

Greater Hobart Committee Regulations

10. Voting

(1)  At a meeting of the Committee, each member has one vote.

(2)  A question arising at a meeting of the Committee is to be decided by the votes of the majority of the members.

Local Government Act 1993

Version current from 16 June 2022 to date (accessed 11 March 2023 at 14:29)

27. Functions of mayors and deputy mayors

(1)  The functions of a mayor are–

…

(f) to represent the council on regional organisations and at intergovernmental forums at regional, state and federal levels; and

Section  – 14.3 Council Consultation

Following council’s adopted policy for requests to amend the UGB, a community engagement process was undertaken between 18 February and 28 March 2022. A “Your Say” survey was provided on council’s web site, and relevant resource documents were made accessible. Extensive notification on the consultation was given through social media, the council web page, advertising in the Eastern Shore Sun, a VMS board at Shoreline roundabout, and direct mailouts to residents and landowners south of the Shoreline shopping centre and Rokeby Road. There were 801 survey responses as well as multiple emails which were included in the consultation summary and analysis. Of those responding, 66.3% were from Tranmere, Howrah and Rokeby and in broad terms, 64% did not support the proposal, 23% supported it and 12.4% were undecided.

Section 15.1 – Planning Officers report.

Those councils that wished to make comment are listed and their comments discussed below. Other councils either advised of no objection or did not respond.

• Glenorchy City Council noted that it had no comment to make on the Skylands Masterplan specifically, but said its “…preference, though, is for the Masterplan to be considered as part of a prompt, targeted and holistic review of anomalies with the urban growth boundary (UGB) to address immediate issues. The benefits of such a review are as follows: –

It would enable full consideration of the cumulative and broader regional impacts of proposed changes, including the implications of previously-approved changes – It would avoid individual case-by-case responses from the various southern Councils on the implications of these requests – It would reinforce the authority of the regional strategy. It is important to ensure that any such review fully considers the vision of the Hobart City Deal and the draft Greater Hobart Plan.”

• Hobart City Council advised that “The Council does not support at this time the proposal for an amendment to … (STRLUS) to extend the Urban Growth Boundary. Rather, the Council supports the consideration of this proposal as part of the 30-Year Greater Hobart Plan and ultimately a wider review of the STRLUS.”

• Kingborough Council considered the Skylands request at its council meeting of 4 April 2022 and the Minutes show that it made no decision. However, council officers subsequently advised that “Councilors felt that they could not provide support for the proposal due to the lack of data and in light of the pending review of the STRLUS.”

Tony Mulder if a current alderman of Clarence City Council and a former Member of the Legislative Council for Rumney.