De—coding Phase 3 of the Planning and Design Code — Paper 4 — Sub—Zones and Heritage

15 December 2020

Continuing in the series, we provide our fourth paper on the Draft Phase 3 Planning and Design Code (“draft Code”) which is subject to public consultation until 18 December 2020.

This paper focuses on the introduction of additional Subzones, contributory items as Representative Buildings and changes to demolition criteria introduced for heritage buildings in the Historic Area Overlay.

Subzones

Subzones are a layer of policy within the Code that sit within Zones, with policy that is intended to reflect local circumstances of specific areas. Subzones are similar to Policy Areas within Zones in Development Plans. Whilst it is counter-intuitive, it is important to note that in the hierarchy of the Code policy, Subzones sit below Overlays but above Zones.

In accordance with the Phase Three (Urban Areas) Planning and Design Code Amendment Summary of Post-Consultation Amendments November 2020 report (“the Report”) the number of Subzones from the original Phase 3 consultation version of the Code (“original Phase 3 Code”) has increased in the draft Code.

On review of the draft Code, the original Phase 3 Code and the current Phase 2 version of the Planning and Design Code (“the Phase 2 Code”) we note that:

  • there were 38 Subzones in total in the original Phase 3 Code and the Phase 2 Code;
  • seven (7) of the Subzones that were proposed in the original Phase 3 Code have been removed from the draft Code;
  • the number of Subzones proposed in the draft Code is 58; and
  • there are 27 new Subzones, taking into account those in the original Phase 3 Code and the Phase 2 Code.

The following table provides a comparison of the Zones and Subzones between the draft Code and the original Phase 3 Code and the Phase 2 Code (purple represents the Subzones that have been removed. Green represents new Subzones).

The additional Subzones, coupled with the new Zones, in the draft Code will see a considerable amount of new policy introduced into the Code. We encourage councils to review the Subzones (that are proposed or should apply within the council area) and the mapping to ensure that Subzones apply to the relevant areas and contain appropriate policy for assessment of development.

Councils may also wish to recommend further Subzones for inclusion if areas with specific or unique characteristics are not represented by the existing/proposed Subzones or Overlays.

Representative Buildings, the new contributory items

“Representative Building” is a new term introduced into the draft Code to identify those buildings that were previously recognised as contributory items in council Development Plans. This is a significant and welcome inclusion in the draft Code as there had, previously, been strong opposition to the inclusion of contributory items in the Code.

Representative Buildings are defined in the draft Code as follows:

Representative buildings referenced in Historic Area Statements and Character Area Statements and mapped in the South Australian Planning and Property Atlas are buildings which display characteristics of importance in a particular area. The identification of representative buildings in a particular area is not intended to imply that other buildings in an historic area are not of importance.

The Character Area and Historic Area Statements in the draft Code list Representative Buildings as being either “not identified” or as “Identified – refer to SA Planning database”. There is no specific identification (i.e. address) of Representative Buildings in the Statements or elsewhere in the draft Code. Representative Building are only identified on the South Australia Property and Planning Atlas (“SAPPA”).

The rules of interpretation for the Code means that it will operate in conjunction with SAPPA and other related databases. The purpose of this is to enable spatial and textual data to be brought together in the SA Planning data base on Plan SA.

What this means is that Representative Buildings will be captured in the Code as Representative Buildings, but only if they are identified as such on SAPPA.

You can search the Representative Buildings on SAPPA (training version) as follows:

Step 1: Click on “Layers” and open the drop-down menu for “Planning and Building”

Step 2: Open drop-down menu “Planning Reference”

Step 3: Open the drop-down menu in “Heritage” and click the box for either “Representative Building Centroids” or “Representative Building Indicative Footprints”

Specific identification of Representative Buildings within the draft Code is preferable, whether in the Character Area or Historic Area Statements or through a separate table for ease of reference. Alternatively, it would be useful if the draft Code provided a hyperlink to the SAPPA GIS overlay with specific reference to Representative Buildings. Without this it is arduous to identify Representative Buildings that will be included in the draft Code.

Where current contributory items are not located within the Character Area or Historic Area Overlays, these buildings will not be it captured in the draft Code as Representative Buildings. To capture additional Representative Buildings adjustment to the boundaries of the Historic Area and Character Area Overlay is proposed. However, it is not clear where the newly adjusted boundaries will apply.

We encourage councils to review the Character Area and Historic Area Overlays and Statements and provide feedback on Representative Buildings that should be included in the Statements and identify locations where the Overlays should apply.

Heritage and Character – Additional protections

In response to submissions received during the first round of public consultation and concerns raised in respect of protection of heritage and character the following is now proposed as part of the draft Code amendments:

  • Historic Area Statements are to be strengthened to better reference the valued attributes of a particular area, adding additional design detail together with limited historical background in some Statements to clearly articulate the historical importance of the area. Councils should carefully review the Historic Area Statements that apply in their area to ensure they reflect the specific heritage attributes of the area.
  • New development in the Historic Area and Character Area Overlays will be supported by a design guideline that sits beside the Code. The design guideline has not been prepared so its contents is unknown. However, it is intended to include diagrams and style guides.
  • The demolition tests within the Historic Area Overlay (PO 7.1) has been amended to replace the ‘economic test’ with one of ‘reasonableness’. The wording for the demolition test will now read:

  • The concept of “reasonable repair” will include reference to economic considerations but is broader and arguably could include ongoing use and other practical considerations.
  • More information regarding this is available in the SCAP’s Preserving Heritage and Character in the Planning and Design Code.
  • All State Heritage Places, State Heritage Areas, Local Heritage Places and Historic Areas, including those that contain Representative Buildings will include demolition controls. Although we note that the same demolition controls are not provided in the Character Area Overlay and as such Representative Buildings in the Character Area (and not within the Historic Area Overlay) will not be afforded the same level of protection.
  • To ensure local context and historic values are considered as part of a development application, links have been established between the State Heritage Area Overlay and the ‘State Heritage Areas – Guidelines for Development’ prepared by Heritage SA. The Attorney-General’s Department has confirmed that this is provided for through DO1 in the State Heritage Area Overlay that states:
    • DO1    Development maintains the heritage and cultural values of State Heritage Areas through conservation, ongoing use and adaptive reuse consistent with Statements of Significance and other relevant documents prepared and published by the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Heritage Places Act 1993.

For further information regarding the draft Code, please contact:

Victoria Shute

vshute@kelledyjones.com.au

08 8113 7104

David Altmann

answers@developmentanswers.com.au

08 8531 1600

 

Emily Nankivell

enankivell@kelledyjones.com.au

08 8113 7114

LINKS TO PAST PAPERS:

Paper Title

Date
LG Alert: De-coding Phase 3 of the Planning and Design Code – Paper 3: Rural Zone and Adelaide Country Zone December 2020
LG Alert: De-coding Phase 3 of the Planning and Design Code – Paper 2: Shops, Restaurants and Other Commercial Uses November 2020
LG Alert: De-coding Phase 3 of the Planning and Design Code – Paper 1: Residential Development November 2020
LG Alert: Planning Reform Update – Public Consultation, Contributory Items and More November 2020
LG Alert: Are You Ready for the Planning and Design Code? July 2020
LG Alert: Proclamations and more legislative changes to our new planning system June 2020
LG Alert: What We Have Heard Report – Phase Three of the Planning and Design Code (Urban Areas) June 2020
LG Alert: Planning and Design Code – Amendment for Phase 2 (Rural Areas) June 2020
LG Alert: Draft Planning and Design Code – Update Report from the State Planning Commission on Phase Two of the Planning and Design Code (Rural Areas) April 2020
LG Alert: Balancing COVID-19 pandemic measures against the administration of the Development Act 1993 and the Planning, Development and Infrastructure Act 2016 March 2020
LG Alert: BREAKING NEWS: Pushing back the Planning and Design Code February 2020
LG Alert: an Update on the State Planning Commission’s Draft Planning and Design Code: Update Report January 2020
LG Alert: Draft Planning and Design Code – Part Eight December 2019
LG Alert: Draft Planning and Design Code – Part Seven December 2019
LG Alert: Draft Planning and Design Code – Part Six November 2019
LG Alert: Draft Planning and Design Code – Part Five November 2019
LG Alert: Draft Planning and Design Code – Part Four November 2019
LG Alert: Draft Planning and Design Code – Part Three October 2019
LG Alert: Draft Planning and Design Code – Part Two October 2019
LG Alert: Draft Planning and Design Code – Part One October 2019
LG Alert; Renewing renewable energy policy – what is proposed to change in the Planning and Design Code? July 2019
LG Alert: Swimming pool safety and the PDI Act July 2019
LG Leader: The Planning, Development and Infrastructure (General) Regulations 2017 are now complete and our new development system is largely revealed – what does this all mean? July 2019
LG Leader: So what has DPTI heard on the draft Planning, Development and Infrastructure (General) (Development Assessment) Variation Regulations 2019? June 2019
LG Leader: Planning, Development and Infrastructure Act 2016 – Planning Reform Well Underway March 2019
South Australia’s Planning Reforms: the transition to a new planning system in full swing (2019) 18(1) LGOVR 4 January 2019
LG Leader: Accredited Professionals and Panels – a view to the future June 2018
LG Leader: PDI Accreditation Scheme – do you need to be Accredited? March 2018
New Council Assessment Panels in South Australia – an overview (2018) 17(1) LGOVR 7 February 2018
LG Leader: Recent developments in development law July 2017
(Planning) systems are go!  South Australia’s transition to a new planning system is underway (2017) 16(5) LGOVR 91 July 2017
LG Leader: The Existing Activity Centres Policy Review DPA – “streamlining” the planning system ahead of the PDI Act implementation process September 2016
LG Alert: Everyone is talking about it – but are you across the detail? Our detailed overview of the proposed amendments to and implementation of the Planning, Development and Infrastructure Act 2016 September 2016
LG Alert: Update to the 30 Year Plan for Greater Adelaide – How Will It Affect the New Planning System? August 2016
Planning, Development and Infrastructure Act 2016 – South Australia’s new planning system has passed into law.  What does the new Act contain and what will happen next? (2016) 15(4) LGOVR 264 June 2016
A look into the future – the Planning, Development and Infrastructure Bill 2015 outlines South Australia’s new planning system (2016) 15(1) LGOVR 204 March 2016
LG Alert: PDI Bill Update – New infrastructure scheme proposed February 2016
LG Alert: PDI Bill Update November 2015
LG Alert: Planning, Development and Infrastructure Bill 2015 – Frequently Asked Questions October 2015
LG Alert: Amendments to the PDI Bill September 2015
LG Leader: Transitioning to a new planning system – a longer-term process September 2015
LG Leader: Which comes first, the land division or the building?  Parliament will soon resolve this question once and for all. March 2015
LG Alert: Planning Reform Update – key points from the Government’s response to the final report and recommendations of the Expert Panel on Planning Reform March 2015
LG Alert: Back to the Future? The Expert Panel’s final report December 2014
LG Leader: The Future of Development Assessment Panels June 2014
LG Leader: Our Planning System – a central issue in the 2014 State Election March 2014
LG Leader: What We Have Heard – South Australia’s Expert Panel on Planning Reform delivered its first report December 2013
Planning law reform builds momentum in South Australia (2013) 11(8) LGOVR 126 July 2013
LG Leader: Planning law reform gathers momentum – Parliament wrap-up May 2013
LG Leader: Government Announces Comprehensive Review of Planning System – the Planning Improvement Project March 2013