The Merits of Merit-based Planning Appeals: Observations from Australia

摘要

A common feature of land-use planning in Australia is merit-based appeal processes where appeal bodies are granted powers to review, in most cases, local government planning decisions. In some jurisdictions these merit-based appeals are creating tension as local councils believe their role is being usurped by a review body that is neither politically elected nor democratically accountable. In the context of three case studies, this article examines the arguments for and against merit-based appeals. The conclusions of the paper are that while an appeal right of some kind is fundamental, to ensure that planning powers are not exercised inappropriately or arbitrarily, the scope of this right could be reviewed. The article argues that one option to resolve these dilemmas would be to narrow appeal rights to somewhere between judicial review and a merit-based appeal.