New Practice Directions to note
29 March 2021
It’s a busy time with the new PDI framework!
Since our last LG Alert on Planning, Development and Infrastructure Act 2016 matters, Practice Directions 3, 8, 9, 11 and 12 have been varied (albeit with relatively minor amendments) and three new Practice Directions have commenced operation.
In this LG Alert we provide a summary of the content and operation of the new Practice Directions.
Practice Direction 14 – Site Contamination Assessment 2021
This Practice Direction compliments lodgement requirements for development applications proposing changes in land use or land divisions for land uses which are more “sensitive” than what exists currently.
This Practice Direction is considerably detailed and provides considerable guidance on the following matters:
· determining land use sensitivity;
· required forms, reports and statements;
· conditions to impose;
· EPA referrals.
Practice Direction 15 – Building Envelope Plans 2021
This Practice Direction specifies when and how a building envelope plan can be approved, pursuant to regulation 19A of the Planning, Development and Infrastructure (General) Regulations 2017.
· planning consent for the proposed allotments shown on a building envelope plan must be granted before an application for a building envelope plan may be made. Building envelope plan applications can be made before or after the grant of land division consent or the issue of titles for affected allotments;
· building envelope plans must comply with the requirements of clause 6(1) of this Practice Direction. Additional content may be included as per clause 6(2);
· building envelope plans must be assessed on their merits against the Planning and Design Code;
· building envelope plans may be published on PlanSA.
Practice Direction 16 – Urban Tree Canopy Off-set Scheme 2021
This Practice Direction applies to all development applications proposing one or more dwellings within the Urban Tree Canopy Overlay within the Planning and Design Code.
These development applications are required by the Urban Tree Canopy Off-set Scheme established by the Minister under section 197 of the PDI Act, to, at the election of the applicant, include:
· payment into the Urban Tree Canopy Off-set Fund;
· plant a tree or trees as provided for in the DTS/DPF Policy in the Overlay; or
· reserve consideration of the DTS/DPF Policy.
Where an applicant chooses to reserve consideration of the DTS/DPF Policy, a reserved matter will be imposed on their planning consent. The reserved matter is satisfied when the applicant:
· elects to plant a tree (or trees) as provided in the DTS/DPF Policy; or
· if required, provide documents which are considered by the relevant authority as sufficient to confirm whether the relevant development site includes a Designated Soil Type; and
· elects to make payment into the Fund.
This Practice Direction also contains provisions which mean that, effectively, the Urban Tree Canopy Off-set Scheme operates such that it displaces any requirement to make payment into Council-held Urban Trees Funds.
If you have any questions, please contact:
Victoria Shute on 08 8113 7104 or firstname.lastname@example.org