Planning Reform Update — Public Consultation, Contributory Items and More

4 November 2020

As we are ‘closing in’ on the end of 2020 and the full implementation of the Planning and Design Code (“the Code”), there is a lot happening in this space.

Public consultation for the revised Planning and Design Code

The revised draft Planning and Design Code for Phase 3 implementation (“the revised draft Code”) has been placed on public consultation for a further six (6) weeks commencing from today (Wednesday), 4 November 2010 until 18 December 2020.

We understand that the revised draft Code has been updated to reflect the constructive and substantial responses received during the initial public consultation period.

The revised draft Code is available online via the PlanSA Portal. Resources will also be available on the Have Your Say page of the PlanSA portal that outline changes to the revised draft Code together with details about how to submit further comments. The portal will also list a series of in-person events and webinars to be held during the consultation period.

We encourage councils to take the opportunity to review the revised draft Code and provide feedback.

Contributory Items Are Back

A point of contention with the draft Code has been the removal of contributory items.

We understand that the revised draft Code will include amendments that ensure a majority of existing contributory items will be included in the Code and, individually, identified under a new category known as “Representative Buildings”.

Details of the policies for Representative Buildings will be available during consultation on the revised draft Code.

Public Consultation for Practice Direction – Site Contamination Assessment

In conjunction with the consultation on the revised draft Code, the State Planning Commission has released for consultation, a new Practice Direction – Site Contamination Assessment (“the Practice Direction”).

The objectives of the Practice Direction are to:

  • safeguard community health by providing a consistent approach to site contamination assessment;
  • specify site contamination assessment steps that must be taken whenever land use is proposed to be changed (including an application for land division) to a more sensitive use; and
  • ensure land is suitable, or will be made suitable, for the intended use where a more sensitive use of land is proposed.

Further information regarding the Practice Direction and how to make submissions is available on the Have Your Say page of PlanSA portal.

Planning and Land Use Services has moved to the Attorney-General’s Department

In July this year, the Honourable Vicki Chapman became the Minister for Planning and Local Government.

In accordance with the Ministerial change, planning and local government functions moved from the Department of Infrastructure and Transport (“DIT”) (previously DPTI) to the Attorney General’s Department (“AGD”).

This transition is underway with planning and land use services now transitioned to the AGD. All online planning and land use resources that were available through DIT are still available, but through the AGD website.

Keep an eye out for our further Alerts on the revised draft Code.

For more information please contact Emily Nankivell on 08 8113 7114 or enankivell@kelleydjones.com.au