Two development applications over recent weeks have brought frustration to City of Launceston councillors over their ability to refuse approvals.
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The St Georges Square DA from March, while passed at a later meeting, had councillors debating over having their "hands tied" when it came to the privacy and amenity of community members.
The DA had neighbours come forward against the proposed build in an emotional public speaking time which many councillors were sympathetic too.
In the latest council meeting held on Thursday, April 6, councillors voted down a DA for Tamar Street despite the recommendation to approve.
Councillor Tim Walker said councillors were trying to protect people's amenity.
"We should somehow strengthen the council's ability to protect people's amenity, which is in the planning scheme to some degree, but then it's up to interpretation as to what you think is protectable and what's not and it's not very strong or clear," he said.
Cr Walker said by sending a message as a council that changes were needed in the planning scheme, it could be the beginning of future changes.
"Sometimes you have to lose to send a message," he said.
"We have more of a community-driven council that we've had before with people who were elected very much on the basis of wanting to stand up for the community," he said.
In a similar situation to the St Georges Square DA, councillors raised concerns about the impact of the development on neighbouring amenity, having heard from nearby residents during public speaking time.
A rejected DA can be appealed at the Tasmanian Civil and Administrative Tribunal.
Depending on what is required at the tribunal, it can cost upwards of $30,000 for City of Launceston council.
Councillor Hugh McKenzie said acting as a planning authority meant sometimes councillors had to make a hard decision, but the planning scheme was a balancing act for community and developers.
Cr McKenzie, who voted to refuse the Tamar Street application, said he rarely voted against council recommendations.
"It was just about amenity in the end," he said.
"By refusing it, there was an opportunity for the two parties to have a conversation about how they can improve that amenity in the build."
But Cr McKenzie said ultimately the planning scheme worked as it allowed people to find a way to an acceptable solution.
"I feel we've just got to balance things up, we've got to listen to our officers and take advice from them," he said.
"It's a balancing act."
City of Launceston mayor Danny Gibson said as a planning authority, councillors mad judgements on the merits of an application as well as the consideration of subjective factor - for example, by determining whether impacts are considered reasonable or not.
"We know that matters relating to planning can often be divisive and emotive, but it's a requirement of councils when they are acting as a planning authority to consider only the relevant planning matters relating to the application," he said.
"It is an important part of a democratic system that contentious decisions that may impact the community are made by elected people in an open and transparent way."
In any given year, the City of Launceston receives between 650 and 750 development applications.
Less than 10 per cent of those applications are required to go before the council for a determination.
A much smaller proportion of those decisions are ultimately appealed to TASCAT.
"Tasmania's planning legislation provides pathways for people to appeal the planning decisions of councils and it's important that such a system exists to provide checks and balances to the approvals process," Cr Gibson said.
"As a consequence, appeals do take place and it is a legal right of appellants to lodge those appeals. Appeal costs vary as each case is unique."
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