March 2021

Message from the Chair of the State Planning Commission

The task given to us was to deliver on the recommendations of the Expert Panel on Planning Reform endorsed by Parliament. Additionally, we focussed upon four key areas– residential infill, heritage and character, native vegetation, and rural value add. The Commission also developed a State Planning Policy as a basis to address the complex longer term issue of climate change adaption and mitigation—among other policy settings that deliver practical responses that positively impact South Australians and protect our quality of life.

In preparing and delivering the final phase of the Code, the Commission is committed to monitoring important features of the new planning system to ensure it is responsive and operates as intended in its design.

We are now looking to the future, with preparations underway for the first Commission-initiated state-wide Code Amendment on the Bushfire Hazards Overlay. This seeks to align the Code with the primary objective of State Planning Policy 15: Natural Hazards by building the resilience of communities, development and infrastructure from the adverse impacts of natural hazards.

In addition, the Commission is on track to commence a 5-yearly review of the Environment and Food Production Areas (EFPAs), which includes an internal review of land supply analysis and investigations. In the coming weeks we expect to release a ‘Statement of Position’ followed by a public consultation period mid-year. The EFPA review will look to streamline and make more consistent the way in which we review and give approvals for the development of the land and ensure the protection of our agricultural and landscape features, which surround metropolitan Adelaide.

The implementation of the new planning system marks a new chapter for planning and development. This process marks the end of a new beginning. We look forward to working with you.

Michael Lennon
Chair, State Planning Commission

Message from the Executive Director

The Planning and Design Code (the Code) will provide a single point of reference that can help facilitate appropriate developments, provide investors with a clear understanding of requirements, and for councils to assess and review applications more easily.

Our Business Readiness team continues to support preparations for ‘go live’ with an extensive training program. I’m very pleased to share that we have had almost 5000 training registrations so far (and growing) with sessions available on all aspects of the new planning system.

This month, new community training sessions have been added to the training schedule along with a growing library of guides and resources on the PlanSA portal. I encourage everyone to take advantage of the sessions and training resources to help better understand how the new system will operate once live.

In addition, all 35 metropolitan and large regional councils have now completed user provisioning with over 1200 system users registered to actively work with the new e-planning platform.

The successful and effective operation of the Code is an important and strategic priority we will continue to progress throughout 2021. To achieve this, we are closely working with the State Planning Commission on the Code Amendment process, a crucial element in ensuring we all can play our part in continually improving how we plan and build under the new planning system, both now and into the future. 

I reflect on what a significant and historic achievement our new planning system will be – an Australian first that will position South Australia as a leader and deliver better outcomes.

Sally Smith
Executive Director, Team PLUS

Get business ready for PlanSA

The ‘Getting Business Ready’ training sessions schedule has been updated in response to an increase in training registrations from councils and industry representatives leading up to the launch of the state-wide planning system on 19 March 2021.

The training schedule now includes online community training sessions that will cover how to submit a development application, fee payments and how to track an application. For details and to register visit the Events page on PlanSA or Eventbrite.

The updated schedule of sessions for March and April 2021 for local and state government professionals and industry partners and professionals will cover:

• Planning and/or Building Consent
• Code mechanics
• Support for New Starters (planning and building professionals)
• Transitional Development Applications
• Using SAPPA for Development Assessment.

Stakeholders can review and register for sessions most relevant to them via the Learning section on the PlanSA portal.

New amendments to the Phase Two (Rural Areas) Code

On 25 February 2021, the Phase Two Code was amended by notice in the Government Gazette. At the conclusion of any Code Amendment, the Minister must refer the amendment to the Environment, Resources and Development Committee (ERDC). The ERDC may make recommendations for change and the Minister may make changes following advice from the State Planning Commission. In relation to the Phase Two Code, the following changes have now been gazetted and implemented:

• removal of frost fans from the definition of agricultural buildings to remove the deemed-to-satisfy pathway and require public notification
• increase the maximum floor area for agricultural buildings in the Rural Zone as follows: up to 250 square metres as an accepted form of development (currently no Agricultural buildings are an accepted form of development); and an increase to the deemed-to-satisfy floor area from 250 square metres to 500 square metres

• provide a deemed-to-satisfy pathway for ancillary accommodation in the Rural Living Zone, so that no public notification is required

• make minor structures (such as outbuildings, verandas, etc.) exempt from public notification in Employment Zones.

Additionally, the Holly Rise Coffin Bay Residential Development Plan Amendment (DPA) was implemented in the Planning and Design Code on 7 March 2021. This DPA rezoned approximately 5000 square metres of land within the existing Infrastructure Zone for residential purposes to enable a minor expansion to the existing Neighbourhood Zone. The rezoned land will provide for an extra 5 to 6 residential allotments with access to existing infrastructure and road networks.  

Recommendations from the ERDC that were outside the scope of the Code Amendment will be addressed and implemented through the Phase Three (Urban Areas) Code, which goes live on 19 March 2021. Recommendations that are more substantial will be considered through future Code Amendments, as appropriate. 

Regulations ready for go live

New Regulations were gazetted on Thursday 4 March 2021 to support the roll-out of Phase Three of the Planning and Design Code. These changes include the introduction of new referrals, the definition of standard impact assessed development, mechanisms to implement building envelope plans plus minor refinements to fees and charges.

Regulations were also introduced in relation to swimming pool safety fencing and certificates of occupancy. Importantly, these Regulations come into effect on 19 March 2021.

A number of Proclamations were also gazetted that repeal the Development Act 1993, which will be replaced by the Planning, Development and Infrastructure Act 2016. This formally locks in the ‘go live’ date for our new planning system.

Additionally, transitional provisions will continue to operate. In particular, Development Plan Amendments lodged with the Minister within three months of this ‘go-live’ date can be transited as Code Amendments.

Development Act’s final annual report released

Changes Gazetted - Certificates of Occupancy for additions and alterations of Class 1a buildings

Following recent consultation with industry partners and local government, changes have been made to the Certificate of Occupancy requirements.

The regulation amendment will remove the need for a Certificate of Occupancy to be issued for a Class 1a building if the approval of the building work was granted under the Development Act 1993 before the date of commencement of the Planning Development and Infrastructure Act 2016 and that the building work is to be completed on or after that commencement.

Commercial fruit growers given planning exemption for horticultural netting

More commercial fruit growers will be able to set up permanent horticultural netting after the Marshall Liberal Government made changes to planning regulations.

Growers located in what is known as the Hills Face Zone will no longer need to seek development plan consent to install permanent netting, bringing them in line with other highly concentrated orchard and vineyard zones.

Eligible commercial horticulturalists can apply for up to 50% of the netting costs up to a maximum of $300,000. Grants for Horticulture Netting Infrastructure has been made available through the Department of Primary Industries and Regions, to help local commercial horticulturalists purchase and install protective nets. The funding covers the costs of third-party providers of permanent and throw-over protective netting and associated support structures required for installation.

For more information contact the PIRSA Horticultural Netting Infrastructure Program on 1800 931 314 or email PIRSA.HorticulturalNetting@sa.gov.au.

Consultation commences on Mannum Marina’s amended Environmental Impact Statement

Public consultation has commenced on the proposal by Tallwood Pty Ltd to add two new components to the ‘Mannum Waters’ residential marina site. The consultation period began on 25 February 2021 and closes on 26 March 2021.

The Amendment to the Environmental Impact Statement (EIS) proposes to add a holiday village and an adventure water park with the aim to enhance its destination and tourism appeal, extend its economic influence in the region, improve the project’s long-term viability and provide employment opportunities.

The Amendment to the EIS was lodged with the Planning and Land Use Services division of the Attorney-General’s Department (PLUS-AGD), in response to revised guidelines previously issued by the State Planning Commission.

A public information session will be held today, 10 March 2021 (11.00 am to 4.00 pm) at the Mannum Motel, 76 Cliff Street, Mannum.

Visit the PlanSA portal for more information on the consultation or details on how to lodge a submission.

HomeBuilder Grant: South Australians to have easier access to home ownership

The Minister for Planning and Local Government has proposed new regulations to make it easier for South Australians to access the HomeBuilder Scheme (the Scheme) before the 31 March deadline. Under the new regulations HomeBuilder applications will not require planning consent (subject to certain conditions), which will help to streamline the application process.

Almost 9500 applications have been received from people seeking the HomeBuilder Grant, with more anticipated in a flurry of last-minute applications before the deadline, which is right before the new planning system goes live in urban areas on 19 March 2021.

In order to reduce the burden on the new planning system, the new regulations will roll over the existing Residential Code policies for a short period, to ensure housing designs already subject to signed contracts will be assessed against the same rules as when those contracts were signed.

These transitional arrangements will continue through to 30 June 2021, and applies to applications that:

• are located in areas that were previously covered by the Residential Code (including certain areas with high volumes of HomeBuilder applications such as Mount Barker and Angle Vale)
• have evidence of an application for HomeBuilder grant funding.

For more information view the Minister’s release. Additional details will be available on the PlanSA portal following Cabinet approval and publication of the regulations in the Government Gazette.

NCC Seminar 2021: Calls for registration

The Australian Building Codes Board is conducting The National Construction Code (NCC) Seminar series at all capital cities in May 2021. The seminar in Adelaide will be conducted on 25 May at the Adelaide Convention Centre.

The seminar will provide an in-depth analysis of select NCC content, which tailors towards industry specific needs and will also include an overview on the provisions proposed for NCC’s 2022 update and implementation.

For more information and registration please visit the Australian Building Codes Board website.

New NCC CPD course for design practitioners

The National Construction Code (NCC) provide Continuing Professional Development (CPD) Courses. As a part of its series of courses, the NCC has introduced a new course – “Designing in Bushfire Prone Areas” – providing a good opportunity to get up to date with NCC requirements.

The completion of the course will be relevant for design practitioners including architects, building designers and other specialist practitioners; and will provide insights to describing the principles of bushfire behaviour and how it impacts the design, recognise how designs for bushfire construction impact on vegetation and condensation management, determine Bush fire attack levels, and many other building issues relevant to design practitioners.

For more information and registration please visit the Australian Building Codes Board website.

SA’s ‘Co-housing for Ageing Well Project’ shortlisted for local and international awards

Credit: UniSA

The ‘Co-Housing for Ageing Well Project’ has been shortlisted as a finalist in two awards – the Local Government Professionals Australia’s SA Leadership Excellence Awards Program and the 5th Guangzhou International Award for Urban Innovation.

The awards recognise outstanding achievements in innovation as a sector as well as contributions to advancing the prosperity and quality of life of their citizens by improving social, economic and environmental sustainability.

Supported by the Office of Ageing Well and in partnership with the State Planning Commission and PLUS-AGD, the Co-housing for Ageing Well Project is a cross council collaboration between the Cities of Unley, Burnside, Prospect, Town of Walkerville and the University of South Australia (UniSA). The project design work has been driven by Dr Damian Madigan, Senior Lecturer in Architecture and the housing researchers at UniSA.

Co-housing relates to individual dwellings sharing common space or facilities. The project investigates how older houses in Adelaide (such as villas and cottages) could be altered and extended, or how detached buildings can be incorporated into rear yards to create one or more additional dwellings in order to suit a co-housing arrangement for older residents wishing to age in place.

Telecommunications Act amendment receives Royal Assent

On 17 February 2021 the Telecommunications Amendment (Infrastructure in New Developments) Act 2021 (the Act) received Royal Assent and came into effect.

The Act amends Part 20A of the Telecommunications Act 1997 to extend to all developers (including unincorporated developers) the requirement that all building lots or units have fibre-ready facilities installed before they are sold or leased.

The amendments also insert a new definition of ‘functional fibre-ready facility’ to make it clear that a fibre-ready facility must be technically capable of being used in connection with an optical fibre line (i.e. it must not be blocked or otherwise rendered unusable).

Any new projects from 17 February 2021 will be subject to these new arrangements. As a transitional measure, development projects being undertaken by unincorporated entities, which have commenced or been contracted prior to the amendments taking effect are exempted from the new requirements, as these projects are already well advanced.

Other exemptions remain in place. For example, exemptions are available for developments in rural or remote areas that are generally expected to be serviced by wireless or satellite telecommunications and that meet certain other criteria.

For more information email new.developments@communications.gov.au.