The Planning, Development and Infrastructure Act 2016 (SA) (Act), which is designed to reform South Australia's planning and development system and will repeal the Development Act 1993 (SA), has now been passed by both Houses of Parliament.

The Act contains a new framework and structure which is intended to establish a more efficient, transparent and collaborative planning system and is the result of a review process spanning many years. 

After being passed by the House of Assembly late last year, the Legislative Council made a number of amendments to the Act.  On 12 April 2016, the House of Assembly agreed to pass the Act as amended by the Legislative Council.

Key changes during passage through Parliament 

Many amendments were made to the Act during its passage through Parliament. It is therefore important that practitioners who had some prior knowledge of the Act consider the Act as passed, as it differs from the original Act in respect of many details.  

Some significant changes made to the Act, during its passage through Parliament, include:

  • Assessment of development applications – the Act reduces the role of councils in assessing applications, instead providing for applications to be assessed by one of a number of other authorities depending on the nature, complexity and/or location of the proposal.  Whilst the Act initially prohibited local councillors from sitting on development assessment panels, the Legislative Council amended this to allow a limit of one elected member per panel.  However, a further amendment allows the Minister to remove a council-appointed assessment panel in certain circumstances.  
  • Independent State Planning Commission's role in respect of the Planning and Design Code – the Commission was originally designed to replace the Development Assessment Commission and the Development Policy Advisory Committee by combining these assessment and advisory roles in one body.  The Code is to form the primary document against which development applications are assessed and, amongst other things, will:
    • include a standard set of zones and overlays;
    • include subzones to address particular local character needs;
    • feature updated land use definitions and use classes;
    • allow additional parties, such as infrastructure providers and landowners, to initiate a rezoning.

During passage of the Act through Parliament, the responsibility for preparing the Planning and Design Code was changed from the Minister to the Commission.  The primary vehicle for amendments to the Planning and Design Code and other designated instruments was also shifted to the Commission, but the Minister retained an amendment initiation and approval role.  

  • Infrastructure Delivery Schemes – under the Act, infrastructure needs are to be identified, costed and locked in prior to development commencing to enable the integration of land use, transport and infrastructure planning.  This is intended to allow infrastructure costs to be equitably apportioned at an early stage.  To facilitate this, the Act provides for new Infrastructure Delivery Schemes (IDS) which will replace infrastructure agreements between developers and landowners.  As a result of amendments during passage through Parliament, specific provisions apply in relation to the provision of basic infrastructure in designated growth areas.
  • Community Engagement Charter – the Act also provides for the establishment of a new Community Engagement Charter to set benchmarks for community engagement in the early stages of planning and policy making processes.  During passage through Parliament, the Act was amended to increase consultation with local councils in respect of the drafting of the Charter.     

What next?

Whilst the Act has been assented to, it is estimated that it could take up to 5 years for the new planning system to be implemented.  The government has indicated that further legislation dealing with the implementation of the new framework will be introduced to parliament for consideration later this year.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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