sa gov planning reform

The DRAFT Planning and Design Code is a proposed new planning system that will help revolutionise the way development is regulated in South Australia. The Code is being developed in three phases and by November 2020, the Code will replace 72 development plans with one universal, state-wide document. Read the State Government Planning Commission guide here

June 2020
The consultation period for Phase 2 & 3 is closed. 5049 Coastal Community Association provided a  submission on the Phase 3 consultation here and the SA Government have reviewed the submissions on Phase 2 (rural areas)and Phase 3 ( urban) and published a "what we heard report on  Phase 2 ". and  Phase 3 ( urban)  

For more information more go to  the SA Planning Portal and Latest SA Planning newsletter .

NEXT STEPS by the Government:
The State Government has extended the period for implementation by approx 3 months from July to September ( Now November) . The consultation period however was not extended merely the proofing period. The extension to the roll out has been approved to allow more time for users of the e-planning portal to learn how to use it, not more time to address the many shortcomings. It remains to be seen if the Planning commission will also try to address the many issues that have been identified by reviewers of the new system.  Many believe that an extension of 3 months is inadequate to address the scope of the complex issues and apparent  flaws  in the system. Even with the impacts of Covid-19 the government are still committed to meeting the time frame and are running zoom sessions with Local Councils to finalise the system.

​The latest Phase 3 (urban) update report is here 

The latest on the next steps is here. In summary :

The State Planning Commission will consider the feedback received in making amendments to the Code and will prepare an Engagement Report that will outline what was heard during consultation and how the Code could be amended in response to submissions. The Engagement Report will be forwarded to the Minister for consideration in making a decision and then be released on the SA Planning Portal.

Following the Minister’s approval, the finalised Planning and Design Code along with the ePlanning platform will be made publicly available so that everyone has an opportunity to see and experience it before it is implemented in SA’s rural areas in July and urban areas in September.

Our submission asked:

1. The State Planning Commission extends the period for consultation on the draft Code to the end of 2020, as a minimum, to allow for proper informed consultation, feedback and participation from the community.
2. DPTI do not introduce the draft Code until the State Planning and Commission has engaged further with Councils and the community to address the errors, omissions and inconsistencies identified during the current consultation period.
3. DPTI undertake a comprehensive review of the cumulative impacts of infill development to meet the following objectives:  reduce urban sprawl; enable young and less affluent buyers to enter the housing market; reduce traffic and associated impacts on the environment; and value those diverse, lively communities that are often associated with more intensive development, as long as it addresses the negative impacts of the current  and propose planning and design framework
4. ·DPTI ensure that all existing Conservation Zones and Heritage Contributory Items transition into the Code.
5. DPTI support a rigorous, empirical study of Marino residents to assess and quantify their views re allotment size, gradients, frontages and design. This is particularly important given that there are diverse views within the community.​

NEXT STEPS BY 5049
The reports "what we heard" are just that and dont give much indication as to what might change. We have done as much as we can to represent our local views. Our strategy is now to work closely with Local Councils who are in turn working closely with the Department to test and workshop the implementation.  It is understood that the Department is now taking a more consultative approach with Councils and the proposed ‘go live’ date has been pushed back to November 2020. Meanwhile we have written to the City of Holdfast Bay and Marion Council to seek there advice on how they will best represent the community in the process prior to implementation and beyond. We were about to meet with both councils, 

Given the fact that the Planning Reforms are proceeding we  encourage you contact members of State Parliament  to seek their support for a better process and outcome House of Assembly & Legislative Council
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Please contact us if you would like to discuss or get involved.

NEXT STEPS BY Community Alliance SA​  
CASA is a peak body for Residents Associations, of which we are a member,have been successfully leading a campaign on the new code impacts for the community. They  commissioned a professional report on the the impacts of the new code and have made a submission on our behalf of the community. Here is a link to their  final report.

CASA have a general meeting on 14 May that will take place via Zoom at 7pm. Guest speakers are Hon Mark Parnell, Dr Iris Iwanicki, Stephen Smith from the Local Government Association, and a Commissioner Michael Lennon from the SA Planning Commission. 
 
They discussed the “What We Have Heard” report from Phase 2 of the Code, and some of what was not heard.  Here is the link to the recording of the general meeting held on Zoom. To listen you may need a Zoom account though (its free): 

50 people attended including 5049 committee members.

• Mark Parnell starts at 5:30
• Iris Iwanicki  at 15:52
• Stephen Smith at 27:28
• Michael Lennon followed by questions starts at 36:44

Overall we heard more of the same,  but at least some recognition of the issues and an admission that they went too soon in round one!  Not sure where we are now? Still a long way to go.

​Have to admire Michael Lennon for his commitment and courage to front up for his mission impossible at these public gatherings !!
 
Dr Iris Iwanicki generously drafted a review of the Phase 2 ( rural) what we heard report which is here There you will find links to the report and a link to all the submissions which have been uploaded to the Commission’s website.
Dr Christel Mex has recently written a letter to the Planning commission on  Planning and Design Code- Proposed Demolition Controls and Historic Area Overlay
 
They are encouraging the community to lobby the elected members on a Private Members Bill by MP Tony Piccolo,  hansard report here, covering the lack of translation of contributory heritage items into the new code.

They continue to push the Government on the shortcomings of the code.
Go here for CASA Website.

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Mark Parnell MLC May 2020 
Mark has been championing the cause through the legislative council and was responsible for triggering the extension of time. He has recently tabled a petition in Parliament( 14 May) with over 13,000 signatures seeking a better process and outcome from the new Code,  organised by a community group Protect Our Heritage Alliance (POHA) supported by CASA.  This group and the petition whilst having a heritage focus goes further than that.  See article here. 

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2019 content:
Delaying and re framing the Code
"There are clearly many aspects of the new code and "portal" that are impenetrable, incoherent and flawed. There are also concerns that the consultation process is also flawed, in that it appears to be more about informing than listening to the knowledge and experience of the professionals and the public alike. This is, as we keep hearing, a once in a generational opportunity to reshape our planning system to better reflect our trajectory over the next 50+ years. So given the numerous concerns from Councils, Design Professionals, Public and Politicians alike, about the many issues currently lurking in the document and the fact that we are not being heard; please support Mark Parnell's Bill to take a deep breath, step back, listen effectively and get this right."

The Hon Mark Parnell’s Bill was passed in the SA Legislative Council last Thursday enabling the Code to be delayed. The Bill was passed with support from Labor and SA Best. A letter from Tony Piccolo MP, Shadow Minister for Planning, to Resident Action Group Office Holders and the Hon Clare Scriven MLC speech in the Legislative Council in support of Mark Parnell’s Bill. In addition another letter from Tony Piccolo MP, regarding "Car Parking" and "Transparency" Bills is included here 

The LGA ( local Government Association) representing local Councils ( to follow)and the UDIA ( urban Design Institute Australia), who are pro-developers are raising serious concerns that the Code in its current draft form is more likely to create confusion and less certainty than intended. Both are calling for more time and engagement with the community and industry on refining the Code to meet the aspirations of the reform.