Bayside council takes fight for secret plans to court
Bayside council has launched a court bid for access to secret government documents, which could pave the way for a wider legal challenge against the Allan government’s controversial plan to strip councils of their planning powers.
Documents lodged with the High Court reveal Bayside City Council has asked the court to order Planning Minister Sonya Kilkenny to hand over ministerial briefings and advice she relied on when approving a controversial planning change for 25 activity centres.
The change overrides local authority regulations in nine council areas and allows height limits around transport hubs to be increased and planning barriers reduced.
The Municipality of Bayside covers the suburbs of Brighton, Brighton East, Hampton and Hampton East, four of the 25 designated activity centres.
The document request could mandate the publication of advice, modeling and briefing documents that underpin the entire change in nine Melbourne council areas including Banyule, Boroondara, Darebin, Glen Eira, Maribyrnong, Merri-bek, Monash and Stonnington.
The application signals an escalation in the dispute between the state government and councils over planning reforms; Labor argues it would speed up the approval process and allow more homes in some of Melbourne’s best-connected suburbs where housing growth has slowed.
The council is trying to understand how these decisions were made, including how certain areas, such as Bayside, were chosen.
Bayside Mayor Debbie Taylor-Haynes said the council had a responsibility to follow up on information on behalf of the community.
“This legal process is about transparency. Our community deserves to understand what is behind a decision of this scale that could significantly reshape their neighborhoods,” Taylor-Haynes said.
“Citizens are asking fair questions about how these decisions were made and what evidence led to the government’s approach. The city sought this information through letters and freedom of information requests and was denied. We are now taking the next step to obtain the documentation needed to properly inform our community.”
The state government has stated that it will object to the application.
The legal action comes as affected councils continue to express frustration over the government’s plan to relax planning rules to increase supply and improve affordability, concerns over a lack of consultation and fears the changes will change neighborhood character and impact local amenities.
