As of 19 March 2021, a new planning system in South Australia comes online. Regional areas have been working with and under the new planning system for a little while now, but 19 March 2021 marks the day that the new online planning system comes into being for metropolitan areas. You can watch a video about the new system below.
Under the new system the Planning and Design Code (the Code) will be the cornerstone of South Australia’s new planning system. The Code will replace all 72 development plans to become the single source of planning policy for assessing development applications across the state.
The Code is a statutory instrument under the Planning, Development and Infrastructure Act 2016, for the purposes of development assessment and related matters within South Australia.
The Code seeks to provide South Australians with planning policy that is consistent and clear, making the planning process quicker, simpler and more equitable. It is designed so you can navigate the planning system when building a house, developing a business, or progressing large commercial developments.
The Code is used for:
- determining the rules that apply to your land.
- finding out the relevant assessment pathway that applies to what you want to do.
- making a comment on a re-zoning proposal for a particular site/land.
The Planning and Design Code contains overlays, zones, sub-zones and general development policies which together provide all the rules that apply to a particular parcel of land.
The Code divides land into zones, within which various uses of the land are set out as allowed. Further to zones, land can then be divided into subzones which includes additional rules for use of the land to protect local or special character.
Below are some fact sheets that may assist:
- How the Planning and Design Code applies to developing a property
- What are the assessment pathways in the Planning and Design Code?
- Online Planning and Design Code Frequently Asked Questions
The current Development Act 1993 will be repealed as part of this change. Your local council because of the change will no longer be the single authority for development applications. There will be a range of authorities that you may interact with in a development. These include:
- State Minister
- State Planning Commission
- Council Assessment Panels
- Other Assessment Panels
- Assessment Managers
- Accredited Professionals
Development Applications will remain in the familiar tiered system which ultimately leads to Development Authorisation.
- Planning Consent
- Building Consent
- Land Division Consent
Assessment pathways have changed however, your Development Application may fall into one of the below pathways.
- Exempt Development
- Accepted Development
- Deemed to Satisfy Development
- Performance Assessed Development
- Impact Assessed Development
- Restricted Development
- General Impact – by Minister or by Regulation
The changes will not only change how we develop property but will also impact third party rights i.e. the rights of adjoining property owners.
There will now be limited public notification on new development and limited third party appeal rights. Public notification of a development will now be made to the adjacent landowner only, a notice on site (similar to a liquor licensing notice), newspaper and via the SA Planning Portal.
Exempt Accepted and Deemed to Satisfy Development will require no public notice at all. Public notice will only be needed for Performance and Impact assessed development.
Your requirements to maintain building fire safety and swimming pool safety are now articulated in Part 11 Division 6 of the Planning, Development and Infrastructure Act 2016.
You can access your new land zoning at SAPPA (plan.sa.gov.au)
Thank you for your ongoing support!
Regards David, Benjamin & the Team at DB Philpott Real Estate
