Planning, Development and Infrastructure Act 2016 — Planning Reform Well Underway

LG Leader March 2019

2019 has already seen the introduction of several key aspects of the reform program required under the Planning Development and Infrastructure Act 2016. Those of major interest to local government include:

• Consultation commenced and completed on the draft Planning, Development and Infrastructure (General) (Development Assessment) Variation Regulations 2019;
• Gazettal of the Planning, Development and Infrastructure (Accredited Professionals) Regulations 2019, to commence on 1 April 2019 requiring all relevant professionals to be accredited by 30 October 2019;
• Gazettal of the Planning, Development and Infrastructure (Fees, Charges and Contributions) Regulations 2019, though these regulations have not yet commenced, detailing the fees payable for accredited professional applications;
• Gazettal of the Planning, Development and Infrastructure (Transitional Provisions) Code Variation Regulations 2019;
• Consultation on the draft “Planning and Design Code in the Outback (land not within a council area)” from 5 February 2019 until 29 March 2019.

These new regulations and policies add to the existing general and transitional regulations already in force under the Planning Development and Infrastructure Act 2016. For councils, it is timely to review internal governance arrangements including delegations registers for development assessment decisions, budgeting decisions and role specifications to ensure that the council’s organisational structure is prepared to accommodate the new system.

Over the coming months in 2019, we can reasonably expect further progress on the implementation of the Planning Development and Infrastructure Act 2016. Specifically, the State Planning Commission is mandated under section 245 of the Act to conduct a review into current offset schemes and report on its recommendations to the Minister for Planning. This may have an impact on the structure and contributions required for offset arrangements under the new system. Further, the Planning and Design Code will be continuously drafted and consulted in stages, ready for progressive implementation for regional areas by 1 November 2019, and for metropolitan Adelaide by 1 July 2020.

Although much speculation surrounds the Planning and Design Code and the transposition of the current planning policy in Development Plans, the Planning, Development and Infrastructure (Transitional Provisions) Code Variation Regulations 2019 clarify some previous unanswered questions. Specifically, we now know that local heritage value will be preserved in the new Code, and that significant trees listed in metropolitan council Development Plans will be preserved as significant trees identified in the new Code. We also have some guidance as to the transition of existing Development Plan Amendments and existing development applications into the new system. Disappointingly, the Department of Planning, Transport and Infrastructure has recently announced that that online Planning Portal will not be complete until July 2020, meaning that development applications for land not within a council area and for land in regional areas may need to be lodged in hardcopy until July 2020 in order to avoid technological errors or glitches.

We will continue to provide updates on the impacts of future reform activities and announcements for local government as we receive them. For more information please contact us.