The latest information on the Planning and Design Code

21 June 2018

Further details of the Planning and Design Code are outlined in the State Planning Commission’s latest discussion paper.  We summarise all you need to know, below.

The State Planning Commission has released a new discussion paper: South Australia’s Planning and Design Code – How will it work? This paper is the second in the technical series on the Planning and Design Code (“the Code”). It follows the March 2018 release of the Land Use Definitions and Classes Review paper. This latest paper outlines: how the Code will work; how it  will be structured;  how it  will be used and  how it  will interact  with  other  planning instruments.

The Department of Planning, Transport and Infrastructure (“DPTI”) is seeking feedback on the paper until 22 July 2018. The full paper can be accessed  here.

How will the Code be developed?

• The Code will be developed in four stages:
  • investigation and drafting – research to inform code development;
  • testing and engagement on the discussion papers;
  • consultation on policy; and
  • implementation – applying the code to geographical areas through the code amendment process.
• Current Development Plans and the SA planning policy library will be used as the reference point for the drafting of the Code.

What will the Code include?

• The Code will include a new performance-based planning system focusing on policies and rules that address scale, form and design of buildings.
• The Code will utilise ‘deemed-to-satisfy’ policy to readily approve low risk and minor development while qualitative performance outcomes are intended to allow design flexibility for larger scale development.
• The Code will have a blend of conventional zoning where land use is the driver and form- based zones that indicate suitable density and form of development.
• The Code will align with both State Planning Policies (set to be released for consultation shortly) and Regional Plans (the 30 Year Plan for Greater Adelaide and other volumes of the South Australian Planning Strategy which serve as the Regional Plans until new plans are developed).

What will the Code look like?

• The policies, rules and classifications in the Code will be structured as:
  • zones;
  • overlays;
  • subzones;
  • general development policies;
  • land use definitions and land use classes; and
  • assessment table
• Zones will set out policies and rules primarily relating to: land use; land use intensity; and built form characteristics (such as building setbacks and height). Zones will also identify envisaged land uses and the relevant assessment criteria. Importantly, unlike zones in current Development Plans, zones in the Code will not include local variations.
• Overlays will be the primary mechanism to express State Planning Policies, including, for example, bushfire, flooding and watershed information. Overlays will identify areas where there is a particular sensitivity, a constraint or where a particular opportunity or outcome is sought. It is anticipated that overlays may also contain referrals where specialised assessment expertise is required. More than one overlay may apply to a single location area. As with zones in the Code, no local variations to overlays will be permitted. It is unclear how overlays in current Development Plans (e.g. Affordable Housing Overlays, Strategic Transport Routes Overlays) will be incorporated into the Code.
• Subzones will be created where there is an exceptional unique difference from the zone to warrant the need for additional policy. A subzone can incorporate a local variation and DPTI has specifically requested feedback from councils regarding any important, unique, local characteristics that may warrant a subzone. However, DPTI has confirmed that it is anticipated that the need for subzones will be reduced on the basis that the new performance-based approach to assessment will require design to respond to its context. Regardless, we recommend that councils provide feedback in relation to individual local context, including in relation to characteristics that may be contained in current policy areas in Development Plans – these may be able to be incorporated into a subzone. All councils have decades of knowledge concerning planning policy and  strategic  planning  issues affecting their areas. Subzones appear to be the mechanism that can be used to ensure that this knowledge is utilized within the Code.
• General Development Policies will relate to ‘how’ a development should occur. These policies will address the functional requirements for a development type or class, e.g. car parking and open space for a two-storey dwelling in a residential zone.
• Land use definitions and land use classes will be linked with general policies and rules for the purpose of development assessment and will be linked to assessment pathways which determine the relevant authority. A review of land use definitions is currently underway and will consider: what definitions are working well; what improvements could be made and what major gaps exist.
• Land use classes will also be established comprising the grouping of land uses with similar impacts and spatial requirements to determine whether a change of use application is necessary.
• The Assessment Table will be a crucial new feature of the Code and will be the organising feature that brings together all the various parts of the Code and enables them to be delivered digitally.
• In terms of importance and precedence, there will be no weighting within or between policy levels in the Code, except for overlays. Overlays will take precedence over zones, subzones and General Development Policies, because overlays deliver State interest policy.

How will the Code be structured?

• Zones, subzones, overlays and General Development Policies will all share a common structure: desired outcomes; assessment criteria; procedural matters; and an Assessment Table.
• Desired Outcomes will outline the broad objectives, purpose and envisaged form of development to describe the essential desired future character for a zone.
• Assessment criteria will include performance outcomes and ‘deemed-to-satisfy’ criteria
• Procedural matters will include information regarding referrals and public notification

How will the planning and design code work?

• The Code will be accessible via the online ePlanning Portal.
• Applications are to be lodged electronically and the Assessment Table will automatically identify the relevant policies applicable to each individual application. This is likely to be an improvement on the current system as applicants will not have to identify the applicable policy by reviewing an entire Development Plan. The applicable policy will be readily identifiable and unambiguous. It is unclear exactly how the relevant policy will be presented to applicants, i.e. whether it will be provided with or without context explaining the role and weight of the specific policy.
• The system determines the assessment pathway and the assessing authority.
• Once a decision is made the applicant will be notified electronically.

What will the first-generation Code look like?

• The PDI Act requires that the Code be implemented by July 2020. DPTI has confirmed that the “first generation” Code will be implemented by this date. This is of no surprise given the tight implementation timeframe and the fact that wholesale reform to planning assessment criteria may take some years to properly develop and refine. The July 2020 deadline can only be altered by Act of Parliament, so having several “generations” of the Code appears to be an astute way to ensure that the deadline is met.
• It is anticipated that the first-generation Code will be “more of the same” in terms of planning assessment criteria and will largely be a consolidation of all 72 current Development Plans.  DPTI already has the Better Development Plan model to work from in terms of achieving standardised council-wide provisions and Zones.

• The various zones, subzones and overlays will then be applied through a Code Amendment Process.

In terms of ongoing maintenance of the Code, the Commission will be responsible for preparing and maintaining the Code’s relevance. It is intended that the Code will be the subject of regular review to ensure it remains contemporary and responsive to emerging trends.

DPTI is currently seeking feedback on this latest discussion paper particularly in relation to:

• any important unique local characteristics that may warrant the application of a subzone; and
• land use definitions that may require improvements or adjustments.

As stated above, the PDI Act 2016 requires the first generation of the Code to be implemented across the State by July 2020.

Consultation on this paper will end on 22 July 2018.

If you require assistance in drafting a submission to DPTI or have any questions regarding this paper, the Code or the PDI Act 2016 generally, please contact Victoria Shute.