Bayside council has launched a court bid to access secret government documents which could pave the way for a broader legal challenge to the Allan government’s controversial plan to strip councils of their planning powers.
Documents, filed in the Supreme Court, reveal Bayside City Council wants the court to order Planning Minister Sonya Kilkenny to hand over ministerial briefs and advice that she relied on when approving a controversial planning amendment for 25 activity centres.
The amendment overrides local government regulations in nine council areas and allow increased height limits and reduced planning barriers around transport hubs.
Bayside Council takes in the suburbs of Brighton, Brighton East, Hampton and Hampton East – four of the 25 designated activity centres.
The request for documents could force the release of advice, modelling and briefing documents underpinning the entire amendment across nine Melbourne council areas including Banyule, Boroondara, Darebin, Glen Eira, Maribyrnong, Merri-bek, Monash and Stonnington.
The filing marks an escalation in the spat between the state government and councils over the planning reforms, which Labor argues will accelerate the approvals process and allow more houses in some of Melbourne’s best-connected suburbs where housing growth had slowed.
Council is seeking to understand how those decisions were made, including how particular areas, such as Bayside, have been selected.
Bayside Mayor Debbie Taylor-Haynes said the council had a responsibility to chase the information on behalf of the community.
“This legal process is about transparency. Our community deserves to understand what sits behind a decision of this scale that could significantly reshape their neighbourhoods,” Taylor-Haynes said.
“Residents are asking fair questions about how these decisions were made, and what evidence informed the government’s approach. Council has sought this information through letters and freedom-of-information requests and been refused. We are now taking this next step to obtain the documents needed to properly inform our community.”
The state government has indicated it will challenge the application.
The legal action comes as affected councils continue to expressed frustration over the government’s plan to relax planning rules to boost supply and improve affordability, over concern about a lack of consultation and fears the changes will alter neighbourhood character and impact local amenities.
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