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What would Winston think?

In the Hobart City Council Elector Poll regarding proposed building heights, the Property Council is unequivocal in its message: vote “No”, “No” and “No” to the three questions.

On 11 November 1947, British Prime Minister Winston Churchill offered this view to the House of Commons: “No one pretends that democracy is perfect or all-wise. Indeed, it has been said that democracy is the worst form of government except all those others that have been tried from time to time.”

Quoting Churchill is challenging due to his role, as First Lord of the Admiralty, in the ill-fated Gallipoli Campaign, and his “cannon-fodder” view of Australian soldiers during World War 2, yet there is no doubt his influence on politics across the globe is synonymous with leadership and strength. The Westminster system of Government, the foundation of our democracy, was inherited on 1 January 1901 when six British States became the Commonwealth of Australia.

The Constitution provided the foundation document following colonisation. As a result, Tasmania is represented by 12 Senators, 5 members of the House of Representatives, and 29 local government municipalities enabled through state legislation.

Federal Parliament provides a referendum mechanism for any proposed change to the Constitution and a plebiscite mechanism for non-Constitutional matters. Referenda have included those for Federation; Post-war Reconstruction; Democratic Rights, including Aboriginal people in the census and facilitating their vote; and deciding whether our country should become a Republic. Just last year, a plebiscite was used to finally pass Same-Sex Marriage legislation. The same mechanism was also used in 1916 and 1917 to test the Nation’s views on conscription during World War 1.

The States can also use similar mechanisms, with Tasmania employing a referendum to approve the first legal casino at Wrest Point in 1968; and to ask a question of the people regarding the Gordon below Franklin Dam in 1981, known as the ‘Power Referendum’.

Not to be left out, local government elector polls cover issues of council responsibility, but, importantly, the results are non-binding on elected decision makers.

Elector polls regarding proposed council amalgamations or building heights in Hobart’s CBD which is currently before the ratepayers, are two examples of how this mechanism can be deployed. One can make a strong argument concerning an elector poll for amalgamation as a guide for decision making. But an elector poll testing the temperature on Hobart’s building heights - well that’s just absurd. Planning decisions regarding development and investment in Hobart’s CBD are not a popularity contest. Rather, they need to be evidence-based, requiring expert analysis and statutory decision making by Alderman and Councillors who are governed by legislation in deliberations regarding development applications. They do not sit as judges in a conscience vote, they are governed by law.

An elector poll can only be called after the collection and presentation of 1000 signatures. The threshold is not high, with the Hobart population standing at 51,750 in 2017. Council officers then liaise with the individual/group proposing the poll and formulate questions that represent the proponent’s, not Council’s, standpoint. The Tasmanian Electoral Commission conducts the poll, in this case on behalf of the Hobart City Council, and there is a substantial cost - $198,000! That’s right – nearly $200,000 of ratepayers’ money used to conduct a non-binding poll on one of the most complex pieces of legislation in the State. Just imagine the impact if Hobart Not Highrise was Hobart Not Homelessness.

A sum of $80,000 (excluding HCC officer time, legal advice and public meetings) was also paid to urban design consultant Leigh Woolley to provide a comprehensive report on building heights, that considered a range of factors and suggested heights of up to 75 metres, bringing the recommendations into line with recent Council-approved developments such as the Royal Hobart Hospital at 68 metres and the Palace Hotel at 63 metres. Mr Woolley’s report is thorough and has generally been well-received, with the Property Council of Australia proposing a complementary economic analysis of the suggested heights to ensure development viability is not compromised.

Hobart City Council, following leadership by the State Government, paused a decision on amendments to the Hobart Interim Planning Scheme, after their Planning Committee attempted to ride roughshod over Leigh Woolley’s report and vote up arbitrary and non-evidence-based limits.

Planning Minister Roger Jaensch’s timely intervention to propose a precinct plan as part of the Hobart City Deal was an important step in preventing derailment of proper process. It can be strongly argued that the elector poll has eventuated as result of a vacuum, with the lack of clear leadership culminating in an ill-informed temperature test via Hobart ratepayers. This form of “democracy” would have tested even Winston Churchill, and as a result “No”, “No” and “No” are the only logical responses, enabling Hobart City Council to finalise the required evidence to make an appropriate and considered response to proposed changes to regulation of development in our City.

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