Planning law reform gathers momentum - Parliament wrap-up

LG Leader May 2013

Following on from a series of significant law reforms passed in 2012 and the announcement of the Planning Improvement Project in February this year, a number of Bills proposing further planning law reforms are progressing through Parliament.

Two of the Bills currently before Parliament were introduced by Mark Parnell MLC – the Development (Interim Development Control) Amendment Bill and the Development (Development Plan Amendments) (Notification) Bill.

The Interim Development Control Bill passed the Legislative Council and was introduced into the House of Assembly on 21 March 2013.  This Bill proposes to amend section 28 of the Development Act 1993 (“the Act”) so that the Minister’s power to declare Development Plan Amendments to commence interim operation will only be able to be exercised where it is necessary to “counter applications for undesirable development ahead of the outcome of the consideration of the amendment”.  Debate on this Bill is expected to continue prior to Parliament’s winter break.

The DPA Notification Bill was introduced into the Legislative Council in April and proposes to amend sections 25 and 26 of the Act such that the written notice of a DPA must be given to owners and occupiers of land directly subject to a DPA or adjacent to land which is directly subject to a DPA, regardless of whether Process A, B or C is undertaken in regards to a DPA.  Currently, the notice requirement only applies to DPA’s undertaken in accordance with Process C.  Debate on this Bill in the Legislative Council has been adjourned and is listed to continue prior to the winter break.

The third and most significant Bill affecting the planning system was introduced by the Government in the House of Assembly on 2 May 2013.  The Housing and Urban Development (Administrative Arrangements) (Urban Renewal) Amendment Bill proposes to introduce significant precinct-based planning reforms into South Australia through the Housing and Development (Administrative Arrangements) Act 1995.  A number of the proposed amendments are similar to the powers and functions of the Western Australian Planning Commission, which oversees the development of a number of specified areas in WA.  The main reforms proposed by this Bill which are relevant to local government are:

  • the Minister will, after consultation with the affected council or councils as well as DPAC and, in some circumstances, the DAC, be able to establish a “precinct”;
  • the Minister will appoint a “precinct authority”, being Renewal SA or a council which:
    • may appoint panels to provide advice on planning and development within the precinct; and
    • must prepare and maintain a masterplan for precinct, and precinct implementation plans (“PIP’s”) which can apply to parts of the precinct, as well as the precinct as a whole;
  • once a PIP is implemented (which can only occur after public consultation), development applications which are certified by the authority as being consistent with a PIP must be processed as “complying” developments and, where relevant, land division consent conditions and open space requirements must be taken as having been fulfilled;
  • PIP details can be incorporated into Development Plans by the Minister without the need to undertake further public consultation;
  • regulations may be made to grant any relevant statutory power or function to a precinct authority; and
  • council by-laws which are inconsistent with a PIP will be read down to the extent of the inconsistency.

Debate on this Bill is scheduled to continue during May.  We will monitor the progress of this Bill and provide updates where relevant.