August 2024

A message from the Chair of the State Planning Commission

The Future Living Code Amendment is a collaboration between the State Planning Commission, PLUS, the University of South Australia, Alexandrina Council, the City of Unley, the City of Burnside, the City of Prospect, Campbelltown City Council and the Town of Walkerville. I would like to thank PLUS and participating council staff for sustaining their work together on this code amendment over several years.

I would also like to thank Dr Damian Madigan from the University of South Australia’s school of Art, Architecture and Design for his work and research which has been pivotal to this draft code amendment.

Craig Holden
Chair, State Planning Commission

Message from the Executive Director, Team PLUS

In other news, a huge milestone was reached last month with the completion of the Kilkenny Development Plan Amendment. This was the very last rezoning our team had to process using the old planning system. Which means that when it comes to policy, we are now operating exclusively in the new system.

Sally Smith
Executive Director, Planning and Land Use Services

Department for Housing and Urban Development

As of July 1, Planning and Land Use Services is now officially part of the newly established Department for Housing and Urban Development (DHUD).

The Department brings together the following teams:

• Planning and Land Use Services
• Housing Infrastructure Planning and Development Unit
• Office for Design and Architecture SA
• Office of the Registrar-General
• Office of the Surveyor-General
• Office of the Valuer-General
• Office of Local Government

Statutory bodies Renewal SA, SA Water and the South Australian Housing Trust will also work closely with DHUD on the shared mission outlined in the Government’s Housing Roadmap, released in June.

David Reynolds remains as Chief Executive of DHUD, with the previous Department of Trade and Investment now sitting within the new Department of State Development.

David is also the Acting Chief Executive of the South Australian Housing Trust.

Have your say on the draft Future Living Code Amendment

Co-located housing design – private space and communal gardens. Image: Dr Damian Madigan, UniSA

The State Planning Commission is seeking feedback on draft planning rules to enhance housing diversity for South Australians and provide more affordable options for different households, life stages and lifestyle choices.

The draft Future Living Code Amendment would introduce a new form of housing for community that allows more homes to be built without impacting the existing character, heritage and streetscape of established suburbs.

It encourages existing houses to be retained, altered and extended to create co-located housing, rather than demolished and the site subdivided for multiple homes.

This new form of housing is unique in that all houses within the co-located housing development are of similar stature, with security of tenure.

The co-located housing model incorporates communal, open gardens and shared facilities, which could include laundries, rubbish bins, carparking or activity rooms, to help build a sense of community.

Each home that is part of the co-located housing development could be bought and sold separately, while the shared garden would be managed through community title.

The draft Future Living Code Amendment would apply to well-established neighbourhoods in six council areas within the Greater Adelaide region and would create a model that could be applied to other areas of the state in the future.

While this new form of housing was conceived for older people wishing to downsize in their own community, co-located housing is expected to appeal to a range of South Australians looking for affordable housing options.

Creating greater diversity in the housing market and providing more affordable options for the community is one way the South Australian Government is taking action to tackle the housing crisis, as highlighted in their Housing Roadmap.

Find out more

A series of in-person and online information sessions are being held throughout September and October 2024 to provide further information and provide the opportunity for community to ask questions.

New guideline supports churches to provide temporary accommodation

A new planning guideline has been published to help places of worship provide temporary accommodation for homeless people.

The practice guideline has been developed to support requests from a community group wanting to operate a ‘winter shelter’ program, where churches provide a night of accommodation and meals on rotation for people without access to housing.

This is the second practice guideline published by the State Planning Commission. It clarifies that the definition of ‘places of worship’ in the Planning and Design Code includes their use as accommodation for homeless people for up to two nights a week, and up to 13 weeks per year.

A supporting Ministerial building standard has also been approved to clarify the requirements that must be met - including minimum access and fire safety - for a place of worship that is used as temporary accommodation.

For further information about practice guidelines or Ministerial building standards, visit the PlanSA portal or contact PlanSA on 1800 752 664 or via PlanSA@sa.gov.au.

Additional guidance on new rules to protect Adelaide’s tree canopy

The South Australian Government has released additional guidance for stakeholders on new planning regulations to better protect Adelaide’s tree canopy and safeguard large, mature trees from destruction.

The publication, Tree Reform Information, provides further details on the new regulations, with a focus on how the transitional provisions work in different scenarios.

The regulations came into immediate effect to prevent wide-spread destruction of trees that are newly protected under these changes.

Existing development applications and approvals were given 12 months to be actioned before being impacted by these changes.

Through these reforms, new enforcement tools are also available to councils to pursue a civil penalty as an alternative to prosecution.

New fees for extension of time and retrospective development applications

The introduction of new and amended fees under the Planning, Development and Infrastructure Act 2016 (the Act) will preserve the integrity and efficiency of our current planning system.

The Planning, Development and Infrastructure (Fees) Notice (No 4) 2024 (the Fees Notice) commenced on 1 July 2024 and increased all fees and charges set out in the Planning, Development and Infrastructure (Fees) Notice (No 3) 2024 by the 2024-25 State Budget indexation rate of 3%. Notably, the Fees Notice also enacted the following:

• increasing the fee associated with seeking an Extension of Time (EoT) for Crown sponsored and Impact Assessed development applications to encourage more timely commencement and completion of major developments; and
• introducing a new fee for retrospective development applications for contravening developments, to deter and impose a consequence on applicants who have undertaken unauthorised development.

Increasing the fees associated with EoT for Crown sponsored and Impact Assessed development applications are in recognition that these developments enjoy the benefit of a customised assessment process convened through the State (through Planning and Land Use Services). Given the unique nature of the assessment pathways, there is the expectation that approved developments proceed in accordance with the timeframes set out by the Minister for Planning in the approval documentation.

A new fee for a retrospective development application responds to an increasing trend toward the establishment of unauthorised developments. The fee represents an appropriate deterrent by providing an effective consequence for undertaking unauthorised development. The fee also provides relevant authorities with additional resources to recognise the effort associated with assessing a retrospective development application.

Updating the Real Property Act 1886 and Regulations

Public consultation on the draft Real Property Regulations 2024 was open from 6 May 2024 to 3 June 2024. Thank you to those who provided feedback.

Following consultation, the draft was finalised, approved and gazetted on 8 August 2024, with the Real Property Regulations 2009 being repealed and the Real Property Regulations 2024 taking effect from 8 August 2024. More information can be found on the PlanSA past consultations webpage. 

Consultation is now open on a number of targeted amendments to the Real Property Act 1886 (the Act) via the draft Real Property (Miscellaneous) Amendment Bill 2024.

The draft Bill has been prepared to enable division documents to be lodged electronically in line with the Government of South Australia’s More Homes for South Australians Housing Roadmap, along with some broader miscellaneous amendments.

Details of the draft Bill, including a summary table of amendments, and how to provide feedback, can be found on the PlanSA current consultations webpage. Feedback will be accepted until 5:00pm, 3 September 2024.

A comprehensive review of the Act, to ensure it is updated to be practical, easy to understand, and adaptable to modern expectations, is also currently being undertaken by the South Australian Law Reform Institute.

More information regarding this review is available. Feedback from interested parties is welcome and can be provided, up until the close of the consultation period on 4 October 2024, by email to SALRI@adelaide.edu.au or by telephone on 8313 5582.

Finalising the NCC energy efficiency and livability requirements for new and existing homes 

As the final step in introducing the National Construction Code 2022 energy efficiency and livability provisions in South Australia, feedback from public consultation on the draft Ministerial Building Standard MBS 013 is now being considered. MBS 013 outlines how these provisions would apply to alterations, additions, or repairs to existing homes.

MBS 013 follows on from MBS 007 which was amended, finalised, and gazetted on 25 July 2024 following public consultation, for adoption on 1 October 2024. MBS 007 outlines how these provisions would apply to new homes.

Information sessions are currently being delivered to assist the building industry in the transition to the new provisions, and the requirements for a Certificate of Occupancy for Class 1 buildings. A briefing was provided to the PlanSA Building User Forum (councils and private certifiers) on 14 August 2024. For details on the information sessions, please contact PlanSA@sa.gov.au or phone 1800 752 664.

Regular updates about the implementation of the modern homes provisions, including the consultation papers, are provided on the PlanSA Building Code webpage and via the Building Standard e-newsletter.

New Certificate of Occupancy to come into effect from 1 October

A Certificate of Occupancy will be required for all houses (Class 1a buildings) approved on or after 1 October 2024.

This change brings South Australia in line with other jurisdictions and will assist in improving building safety and improving confidence in the building industry as South Australia enters a period of increased development.

Regular updates will be provided via Planning Ahead and the Building Standard e-newsletter as we get closer to October 1.

If you have any questions on the new Certificate of Occupancy requirements for houses, please contact PlanSA@sa.gov.au or phone 1800 752 664.

Have your say on Mount Torrens State Heritage Area

Heritage South Australia is seeking community feedback on the draft Heritage Standard for the Mount Torrens State Heritage Area to ensure future development respects the heritage values of the town.

Heritage Standards are being developed for all South Australian State Heritage Areas to ensure that each area has a standard that is fit for purpose, is consistent with the Planning and Design Code and reflects each area’s Statement of Heritage Significance.

Once approved, the heritage standard will:

• guide Heritage South Australia advice when assessing development applications that may impact on the heritage values of the area
• provide advice to property owners planning to restore, alter or develop their property within the State Heritage Area.

Your feedback will help inform the final heritage standard. Consultation closes Friday, 30 August.

New planning rules to assist in mitigating the impacts of future River Murray flood events now finalised

The River Murray Flood Resilience Code Amendment aims to provide clearer guidance for impacted communities to rebuild more flood-resilient development.

Amendments to the Planning and Design Code include the following for rebuilding in flood-affected areas:

• minimum floor height along the river is based on updated one-in-100-year flood event data
• maximum floor height has increased from 2.5 metres to 3 metres above the ground; 4 metres is acceptable to achieve a floor level above a one-in-100-year flood event
• maximum overall building height has increased to 9 metres, up from 7.5 metres, with a two-storey cap
• updated resilient design and material requirements for underfloor structures, including installing roller doors or similar on all four sides of any enclosed area to ensure floodwaters can pass freely (noting glass doors are not suitable for safety reasons)
• maintain open space areas around storage areas, with maximum storage area increased to 60 square metres, up from 15 square metres
• streamlined assessment for sheds, carports and garages that are located behind a riverfront dwelling, removing previous red tape
• rezoning the flood-affected shack settlement at Paisley to assist development applications and rebuild efforts.

These amendments were informed by feedback received from community and industry during consultation and the extent and levels of floodwaters during the recent flood.

Planning and Land Use Services worked closely with flood affected councils, state government agencies and the building and construction industry to identify opportunities to improve the Code to help mitigate future flood risk and support sustainable, resilient communities.

Due to the urgency of providing clear rules to support redevelopment, the draft Code Amendment came into effect on an interim basis at the same time as being released for community consultation.

Introducing our first Para Planner Cadets

We are thrilled that Edna Barlow and Rebecca Fielding have joined PLUS as our first para planner cadets.

Edna is working with the PLUS Crown and the Impact Assessed Team, and Rebecca joins the PLUS State Assessment Team.

Born in Mexico, where she obtained her architecture degree, Edna worked as a project manager and site supervisor before moving to Australia in 2016. Edna joined the Para Planner Cadetship program because it offered everything she was looking for - the opportunity to join the planning workforce, do impactful work and develop a career in a field she is passionate about.

Originally from Melbourne, Rebecca trained and worked in Interior Decorating and Design for many years before moving into Real Estate, both residential and commercial. Her strong interest in planning led her to studying para planning, and she is excited to learn from and contribute to the PLUS team during her cadetship.

The Para Planner Cadet program provides students in the TAFE Diploma in Local Government (Planning) course with invaluable workplace experience and is the first of its kind in SA. Multiple councils are also participating in this program, including the City of Marion, City of Onkaparinga, City of Mount Gambier, City of Mitcham and the City of Adelaide.