Public Input in Renewable Planning: How Much is Too Much?
This week, a prominent lawyer expressed concerns that New South Wales (NSW) has gone too far in allowing public participation in planning decisions as a means to secure social licence, warning that Queensland could follow suit. Peter Briggs, a partner at HSF Kramer, made these comments at the Clean Energy Investor conference, highlighting various issues with the current system.
Briggs pointed out that the current framework enables even the most minor objections to significantly delay important projects. “The squeaky wheel can dominate and be heard over the voices of people who would otherwise be very supportive of projects,” he remarked, indicating this dynamic has led to a lengthy eight-year process for wind farm approvals due to appeals.
Public Participation and Planning Challenges
The planning system in NSW permits anyone from anywhere in the world to submit their views on planning applications. If an application garners fifty or more objections, it is then escalated to an independent regulator, followed by the possibility for a merit-based appeal through the courts in most instances.
Briggs highlighted his apprehensions about Queensland potentially emulating this approach. The state’s planning rules underwent alterations last year, resulting in ten projects being reviewed by the planning minister since January 2025 to assess their viability. Unlike NSW, however, Queensland lacks bipartisan support for renewable energy as a cost-effective solution for new generation.
Mixed Perspectives on Renewable Energy Planning
Katie-Anne Mulder, chief of the Queensland Renewable Energy Council, acknowledges the challenging landscape for renewable energy at present but remains optimistic. She notes that various levels of government manage different aspects of the planning process, making it difficult for a state or federal MP to oppose a renewable energy project that enjoys the backing of a regional council.
The present situation in Queensland is markedly different from the past, where coal seam gas wells and pipelines were constructed with minimal opposition. Mulder asserts that the coal seam gas sector did not encounter the same level of organised resistance, which she playfully referred to as “the enemy,” adding that contemporary anti-renewables activists appear highly coordinated.
Navigating Social Licence in a Competitive Environment
Mulder believes that social licence can be established by illustrating how renewable energy projects can alleviate the cost of living and by adapting strategies used by opponents of renewable energy.
“The government is keen to identify those competitive areas in development,” she stated during the summit. “We must be more coordinated and present ourselves as a collective industry rather than fragmented projects, as our adversaries are cohesive in their messaging and narrative.”
Addressing Planning System Limitations
In NSW, the government acknowledges that involving the public in planning processes to foster social licence has led to complications. Despite this recognition, reforms passed in November last year did not alter the 50-objection threshold. In February, Planning Minister Paul Scully invoked rarely used powers to guide three contentious wind projects through a public hearing process, effectively blocking subsequent legal challenges.
The recently formed Investment Delivery Authority (IDA) is poised to expedite planning approvals by overriding councils for projects deemed worthy of faster tracking through the state’s convoluted planning procedures.
Victoria’s Fast-Track Planning and Public Sentiment
Similarly, Victoria has moved to streamline the approval of energy projects by eliminating merit appeals in its fast-track planning process, much to the dismay of some local residents. This change has relieved the Victorian Civil Administrative Tribunal (VCAT) of the burden of holding up projects for extended periods.
Jess Wilson, the state opposition leader, has vowed to reinstate VCAT appeals. The transmission sector, however, faces its own challenges, with VicGrid needing to earn back public trust after previous missteps during the VNI West proposal process.
VicGrid’s chief, Alistair Parker, emphasised the need to rebuild the narrative, starting from the closure of coal in Victoria. “This is a technical fact we must address,” he said, reiterating the transition to renewable energy, assisted by battery storage and improved transmission capabilities. Projects like Marinus Link and VNI West represent crucial connections across states.
Parker admitted that the industry has failed to communicate adequately with the public, stating, “We have been discussing this for over a decade, but many householders may only be hearing of it for the first time.” He stressed the importance of consistent and factual storytelling to ease public concerns.
Land Acquisition and Community Concerns
He acknowledged that the government’s policies permitting the compulsory acquisition of land for transmission lines can appear unfair to affected individuals, presenting an added challenge not faced by generation projects.
“I jokingly remarked that I was pleased nuclear was being mentioned again, as it’s currently less popular than transmission,” he quipped. Recent legislation in Victoria permits transmission line workers access to land owned by reluctant landowners, imposing fines for non-compliance, aligning the state with requirements in NSW.
This situation has resulted in additional challenges for those opposed to initiatives like the VNI West transmission line, with only 27 out of around 250 landowners reaching agreements according to recent ABC reports.
“Some individuals are sincerely against these projects, and we must engage with them respectfully, listen to their issues, and address their concerns,” Parker stated. However, he recounted an instance during consultations where, after addressing 15 concerns, he was confronted with the sentiment that the opposition was less about the specifics and more about halting the entire project altogether.
