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The Canberra Times
The Canberra Times
Jasper Lindell

Separate chief planner role for ACT after conflict 'potential' found

The role of the ACT's Chief Planner and head of the Environment, Planning and Sustainable Development Directorate will be split after a review found the "potential" for conflicts between the two jobs.

Chief Minister Andrew Barr said a separate Chief Planner would be appointed by July 1.

"It is critical to note that the review did not identify any instances of concern in terms of the actions or decisions of the current Chief Planner. However, it did find the potential, and I emphasise potential, for the legislative responsibilities placed on the Chief Planner to conflict with the duties placed on a Director-General," Mr Barr said.

"This represents a potential conflict of duties for these roles. This is different from a conflict of interest."

Mr Barr said there was no evidence that the integrity of decision-making had been compromised by the arrangement where an official holds both roles.

"I can't reiterate enough that the review has not raised any concerns with integrity, and in fact commends the current Director-General for their adept handling of any potential conflict of duties through arms-length delegations and the considered structure of the Environment, Planning and Sustainable Development Directorate," he said.

EPSDD head Ben Ponton, whose role will be split on July 1. Picture by Sitthixay Ditthavong

Ben Ponton was appointed Chief Planner and head of the directorate in April 2017.

Mr Barr tabled an independent review of the territory's planning system in the Legislative Assembly on Thursday.

The review made seven findings and eight recommendations, finding overall the governance of the system was robust but could be improved.

"The Review's conclusion is that there is an element of incompatibility between the functions of the Director-General of a public service directorate with wide policy responsibilities and a statutory role that has significant powers and responsibilities, such as those of the Chief Planner," the review said.

"This incompatibility would be minimised if the statutory powers and responsibilities were not so extensive, or if the dual role was held by a senior public servant who is not also a Director-General."

The review recommended separating the role of Chief Planner and Environment, Planning and Sustainable Development Directorate Director-General to "deliver a better governance arrangement".

"The person holding the role of Chief Planner should not have the power to influence the appointment of the Conservator [of Flora and Fauna] and Government Architect positions," the review recommended.

"Governance arrangements would be strengthened if appointments to the Conservator, EPA and Government Architect, all roles which are charged with providing frank and fearless advice to the Territory Planning Authority, sat with a minister or an officer who did not also hold the role of Chief Planner."

The Legislative Assembly passed a motion in May 2023 calling on the government to commission a review of planning system governance, after a parliamentary inquiry into planning system changes found a review was needed.

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