Pushing back the Planning and Design Code

7 February 2020

Ministerial decision to replace legislated 1 July deadline with a date to be designated

On 7 February 2020 Minister Knoll  announced that he will approve a Bill to remove the deadline of 1 July 2020 for full implementation of the Planning and Design Code, proposing to replace it with a date to be Gazetted by proclamation.

In doing so, Minister Knoll has said that he is taking action ‘on the advice of the (State Planning) Commission to grant councils and the community more time to understand, prepare and become business ready before the new planning system.’

It is now anticipated that the Code, and the full Planning, Development and Infrastructure Act 2016, will be proclaimed to commence in regional South Australia in July 2020, and in metropolitan areas in September 2020. This is a three-month postponement from the original dates scheduled by DPTI.

These circumstances demonstrate several important dimensions to the current events in planning and development in South Australia. Firstly, that the State Planning Commission is not ignoring or refusing to acknowledge the submissions on the Code and on the new system as a whole, as made by local government to date. Secondly, it allows more time for the finalisation, testing of and familiarisation with the E-Planning system, which is necessary to navigate and use the Code in planning assessment and Code amendments.

Finally, it gives regional and metropolitan local government areas more clarity about how the new system will change the way they govern and operate their organisations in this area and how they are best able to prepare.

For further information regarding the commencement of the new planning system, and how it may affect your local government organisation, please contact Victoria Shute at vshute@kelledyjones.com.au or on 08 8113 7104.