April 2024

Message from the Chair of the State Planning Commission

Ensuring the community has the opportunity to influence key planning decisions is really important to the Commission. We recently completed our inaugural 5-yearly review of the Community Engagement Charter, which guides public participation in key planning decisions.  

We are now seeking feedback on proposed improvements to the Charter to ensure it is inclusive and respectful for all South Australians. The review will also streamline delivery of changes to planning rules, such as rezoning land, where the community has had an opportunity to give their views and influence the decision as part of the regional planning process.

We are working closely with councils and industry to prepare the draft Greater Adelaide Regional Plan, incorporating the valuable feedback we received from the community on our discussion paper. Community and industry will be invited to provide their feedback on the draft plan later this year.

We are also reviewing feedback received on the state’s first design standard for residential driveway crossovers. You can find out more about the design standard and feedback received below.

Importantly, I would like to congratulate Sally Smith, Executive Director of PLUS, on receiving the prestigious Public Service Medal in the Australia Day 2024 Honours List.

Sally has dedicated her career to leading the state in urban and regional planning, and her knowledge and experience is highly valued and respected by the Commission. She is an exceptional leader and this honour is testament to her personal commitment to achieving the highest standards in public service.

Craig Holden
Chair, State Planning Commission

Message from the Executive Director, Team PLUS

To support the launch of the Kangaroo Island Regional Plan, PLUS has developed Australia’s first 100% digital, dynamic and interactive Regional Planning Portal. The ground-breaking portal will give all South Australians unprecedented access to state-wide planning and infrastructure framework

This is the first of seven new regional plans for South Australia, to be developed in the innovative platform, allowing for real-time updates which will ensure the plan remains contemporary and provides users with easy access to regional plans via the accessible interface.

This month also saw the launch of the Land Supply Activity Dashboard, which will be updated quarterly and allow us all to keep a close eye on land supply. Over the next few months additional content will be added including tracking the supply of employment lands, as well as land supply in regional towns.

We are also working on approximately 90 Code Amendments that include additional land to boost land supply for housing and employment land and improved pathways for greater housing diversity options. Other Code Amendments include keeping communities safe with state-wide bushfire and flood hazard amendment as well as finalising the River Murray Flood Resilience amendment.

I also wanted to congratulate our Strategic Planning Manager, Brett Steiner, on becoming a finalist in the recent Premier’s Excellence Awards for his individual contribution Service Delivery. This acknowledges his leadership and dedication to planning and development in our State.

In closing I want to say a very big thankyou to Mike Burdett our Director of Building who retires at the end of this month. Mike is a true gentleman and will be greatly missed for his knowledge, leadership and compassion. He leaves a lasting legacy as both the former Surveyor-General and for his leadership role in the building sector including the implementation of NCC2022, amongst many other achievements. We wish him all the best in his retirement.

Sally Smith
Executive Director, Planning and Land Use Services

South Australians to save on development applications

The introduction of a new fee system will make it cheaper for the majority South Australians to lodge development applications.

From April 2, it is forecast that 89% of development applications will attract a lower or equivalent fee with the introduction of a more equitable sliding-scale fee system.

The new fee system will be scaled to align with the construction cost of the proposed development. Low-cost developments will attract a lower lodgement fee, while high-cost developments will attract a higher lodgement fee.

Previously, all development applications were charged a flat fee.

The result is a fairer fee system that will benefit the vast majority of South Australian households and small developers, who will generally pay lower fees when they lodge development applications.

Fee changes will also apply to proposals to amend the Planning and Design Code, known as code amendments.

The new fee structure is scaled to reflect the complexity of each proposed code amendment and will create a fair system where users only pay for the services they receive.

Visit the PlanSA portal for more information.

New land supply dashboard supports improved housing supply and affordability

PLUS recently launched the Land Supply Dashboard, a public resource that will provide detailed information about land availability, housing supply and urban development patterns across Greater Adelaide.

The Land Supply Dashboard will be the only interactive visual platform of its type in the country.

The Land Supply Dashboard aims to achieve a shared understanding of community, consumer and industry needs, ultimately leading to greater transparency, improved housing supply and affordability over time.

Currently focusing on the Greater Adelaide planning region, the dashboard incorporates existing land supply data and the latest land division and development application data.

The live and interactive tool displays current information on the availability of infrastructure such as water, sewer, and electricity to development ready lots.

It also features the latest up to date information on code amendments.

The user-friendly online platform is freely available, meaning the public will now be able to track development patterns and activity across Adelaide.

Explore the dashboard.

Expert Panel review and Government response

The Minister for Planning, Mr Nick Champion, has announced that the Government is adopting more than 100 recommendations to make the nation’s best planning system even more efficient and user-friendly, following an extensive review by an expert panel.

Highlights of the supported recommendations include:

• appeal rights for over-height developments in some circumstances
• stronger tree protections
• broader heritage protection with improved design guidelines
• more demolition controls
• increased car parking provisions
• improving incentives to encourage a greater provision of affordable housing.

The Malinauskas Labor Government made an election commitment to commission an implementation review of the PDI Act and the Code, which included the establishment of a Panel to oversee the Implementation Review Project.

The panel’s view is that the planning system is working well, and the evidence provided throughout the public consultation indicated there is broad support for the new system which was implemented in 2021.

According to the Business Council of Australia, South Australia has the best urban planning system in the nation, leading the country in our efficiency, consistency, certainty and transparency.

The recommendations do not propose any wholesale change to the planning system as it currently exists. Rather it is fine tuning what is already in place, to ensure the system is working at its full capacity, and in the best interests of South Australians.

Of the 113 recommendations made by the Panel:

• 63 have been fully supported for implementation
• 13 are supported in principle
• 36 are supported in principle, but require further investigation
• 1 is not supported for implementation.

For further information and copies of the Expert Panel review and the Government response are available on the Planning Review website.

Ancillary Accommodation and Student Accommodation Definitions Review Code Amendment – early commencement

To help provide a more flexible and diverse range of housing options, the South Australian government is proposing to change the existing Planning and Design Code definitions for “ancillary accommodation” (often referred to as granny flats) and “student accommodation”.

The proposed changes will allow ancillary and student accommodation to be self-contained. This means they can have their own bathroom, kitchen and laundry.

The changes are a response to the state’s current housing crisis and are expected to increase rental stock and housing diversity. They also aim to provide more affordable housing options for the South Australian community. 

Other aspects of the definitions will remain unchanged. This means that ancillary accommodation must still be subordinate to a main dwelling and have limited floor area.  Student accommodation must still incorporate common facilities for shared use by students.

The draft Code Amendment will come into effect on an interim basis on the same day as it is released for public consultation (29 February 2024), known as ‘early commencement’.

The early commencement process is used when the Minister considers that the immediate application of the policy changes is necessary in the interests of orderly and proper development, and to counter applications for undesirable development ahead of the outcome of consideration of this Code Amendment by the Minister.

Submission details – for more information visit the YourSAy website.

PLUS has prepared a Frequently Asked Questions which look to unpack the some of the rules for Ancillary Accommodation.

Miscellaneous amendments to the General Regulations

The South Australian Government has made amendments to the Planning, Development and Infrastructure (General) Regulations 2017, to provide greater clarification on a number of matters.

Key changes to the regulations include:

• making assessment managers at councils the designated authority for assessing and approving Building Envelope Plans
• clarifying that the operative period of any consent aligns with the operative period of the development approval
• updating the notification period to five business days’ notice for out of council areas to allow more time to plan for and undertake inspections if required (along with a revised State Planning Commission Practice Direction (Out of Council Areas Inspection Policy) 2019)
• making reference to a communications facility under the Commonwealth's Telecommunications Act 1997
• establishing transhipment points associated with a proposed or existing port facility for transferring bulk commodities within state coastal waters as development
• exempting flood hazard or water monitoring equipment and air quality monitoring stations from requiring development approval in certain circumstances
• increasing the scope of exempt works associated with the supply, disposal or treatment of water or wastewater
• minor editorial changes that will provide greater clarity throughout the Regulations.

These amendments have been made following consultation, held from 10 November to 8 December 2023, and reflect feedback received from industry and community.

A detailed summary of the amendments provides greater detail of all the changes and what those changes mean.

Outline consent: a new flexible assessment approach

Applicants can now gain an early decision on specific aspects of a development proposal, providing greater certainty at an early stage before substantial resources are committed to a project.

The new flexible assessment approach enables outline consent to be given for aspects such as building height or density, ahead of submitting a full planning consent application.

Outline consent can be sought for a Performance Assessed Development that is assessed by the State Planning Commission as the relevant authority.

While outline consent provides certainty of approval of a particular aspect of the development, a full planning assessment is required for the remaining planning matters.

Find out more.

New Statement of Compliance to come into operation 5 April 2024

The Government of South Australia is implementing a revised Statement of Compliance to assist builders and owners in the building hand-over process. The revised Statement of Compliance will come into operation on 5 April 2024 and will replace the previous version.

From 5 April 2024 the new form must be used and is available from the PlanSA website. The new form can be filled in and submitted electronically or downloaded and printed. Any old forms completed after this date will not be compliant and cannot be accepted.

To ensure that building completion is not delayed it is important that all builders, owners and other practitioners are aware of the new process and have updated to the correct version by 5 April 2024.

The revised Statement of Compliance is being implemented to help increase building safety through better communication and compliance.

For further information and documentation, including the major changes, the PlanSA portal has the details.

Flooding Hazards Mapping Update Code Amendment approved

The Minister for Planning has approved the Flooding Hazards Mapping Update Code Amendment – the first step in a wider project to introduce new and updated flood hazard mapping into SA’s Planning and Design Code.

It is important for the Code to correctly identify areas likely to flood in order to minimise potential impacts to people, property, infrastructure and the natural environment.

The Code’s planning policies aim to restrict new development in high-risk flood areas and encourage suitable design responses in lower risk areas. These policies are applied in the Code via ‘overlays’. 

The Flooding Hazards Mapping Update Code Amendment is focused exclusively on the ‘Hazards (Flooding – Evidence Required) Overlay’ in the Code.

Further information about this Code Amendment including a copy of the final approved Code Amendment and the Engagement Report can be found on the PlanSA website.

Draft design standard for residential driveway crossovers update

The State Planning Commission is pleased to have received 85 submissions during public consultation for its draft Residential Driveway Crossover Design Standard, 20 of which were from local government.

Design standards are a new instrument introduced by the Commission and driveway crossovers is the first to be proposed at a state level. The consultation with community and stakeholders has proven invaluable as several significant matters were raised that require further and more detailed investigation by the Commission.

In broad terms, the submissions acknowledged the goals of the Commission for the design standard were a worthy aspiration, however there was a general querying of the role this design standard should play in the planning system and the assessment mechanics of how it will work.

The submissions are being collated and considered in greater detail for the Engagement Report to be released early this year.

The Commission will then consider next steps for the Residential Driveway Crossover Design Standard and the timing for this work within the extensive program being undertaken by the Commission in 2024.

The Commission will keep the community and stakeholders updated via YourSAy and PlanSA websites.

Rezonings set to create more than 1000 new homes

At least 1000 new homes will be built in Adelaide’s north, south and west – bringing on much-needed supply – as the South Australian Government continues to rezone more land to tackle the state’s housing crisis.

The government has approved important code amendments for developments at West Lakes (489 allotments), Hillier Park (400 allotments) and O’Sullivan Beach (114 allotments), unlocking more than 1000 new homes throughout the metropolitan area.

The rezoning paves the way for an increase in mixed use development, while meeting the demand for more affordable housing and prioritising open, green public space.

The three rezonings will add to housing supply at all levels of the market from affordable to high-end, providing options for first home buyers through to retirees.

Find out more.

Plan flags over 400 new homes for Yorke Peninsula

Over 400 housing allotments will be released on the Yorke Peninsula, as part of a South Australian Government-backed plan to support growth in the region.

The government has adopted the Point Turton and Port Victoria Urban Growth Code Amendment – which will rezone sites in the two towns, to make way for more housing.

The rezoning will facilitate the release of additional land – yielding 338 allotments in Point Turton and up to 100 allotments in Port Victoria – to support the growing population and demand for residential development in the region.

A portion of both pieces of land – approximately 2 hectares in the southeast corner in Port Victoria and 12 hectares in the northern section of Point Turton – have already been developed into residential allotments.

The Code Amendment will align the zoning with this current land use and make the remaining areas, 13 hectares in Port Victoria and 27 hectares in Point Turton, available for future residential development.

Find out more.

Recent Supreme Court judgement – a note from PLUS Legislation team

The State Planning Commission recently considered the potential implications of the decision of the Supreme Court in Geber Super Pty Ltd v Barossa Assessment Panel [2023] SASC 154.

The Commission considers that the judgment has clarified that:

• The Table 3 policies produced by the Portal are those that apply spatially to the specified development at the specified place, as well as those general development policies that apply to the specified development, for the purposes of assessment.
• The assessment under section 102(1)(a) of the Planning, Development and Infrastructure Act 2016 (PDI Act) requires a relevant authority to assess the development against the Table 3 policies.
• Section 52(2) of the PDI Act confirms that the Table 3 policies produced by the Portal may be relied upon as accurate and correct, in the absence of proof to the contrary, for the purposes of a planning assessment.
• In performing an assessment, a relevant authority must (correctly interpret and) apply the Table 3 policies according to their text, context and evident purpose – this may involve consideration of policies outside of Table 3.
• It is important to distinguish between the policies which the development must satisfy, and those that may be relevant (including for the purpose of interpreting those policies that the development must satisfy).
• In Geber Super Pty Ltd v Barossa Assessment Panel, the judge did not explicitly make this distinction, but it is implicit in his reasons that the policies considered outside those identified in Table 3 were relevant only insofar as they assisted the Court in interpreting the policies that the development was required to satisfy.

The Commission has agreed that the Rules of Interpretation within the Planning and Design Code will be revised to take account of the judgment. The Rules will be revised to clarify that a relevant authority may, in assessing an application, consider other matters not returned in the Table 3 provisions for contextual purposes.

A further practical example of how the judgment can be applied to the development assessment process was recently given by the Environment, Resources and Development Court in Development Holdings v City of Salisbury Assessment Panel & Anor [2024] SAERDC 6. The ERD Court, in considering an application for a childcare centre in the Hills Neighbourhood Zone, also considered relevant provisions of the General Neighbourhood Zone and the Suburban Neighbourhood Zone (not produced from Table 3 by the Portal) to help determine whether the provisions of the Hills Neighbourhood Zone were satisfied by the proposal.

Change of bank details for PLUS

Following an extensive banking procurement process, the South Australian Government is in the process of transitioning to a new banking provider, ANZ.

As part of the transition, our bank account details changed from late on 1 February 2024.

All payments made via the PlanSA planning portal and the Development Application Processing (DAP) system, including direct debits, will automatically be made to the new account details and you will not need to make any changes to your current payment process.

For other forms of payments, please note you will need to use the new account details.

To ensure quick payments, clearly state the name of your organisations without abbreviations in the ‘Name of Remitter’ field.

For the new bank account details or further information, contact PlanSA on 1800 752 664 or email PlanSA@sa.gov.au.

Farewell Mike Burdett