Planning & Development
Development Assessment Panels Research Paper
Proposed reforms to Development Assessment Panels to remove the role of elected members is a key planning reform issue for LGA members.
In forming a position on potential DAP reforms, the LGA engaged the Centre for Housing and Urban and Regional Planning at the University of Adelaide to provide an objective view of proposed reform. The report prepared by Prof Andrew Beer (now at UniSA) concludes that the Government’s proposed new system may in fact create more problems than it resolves.
Read the report here- Adelaide University- DAP Reform Report 2015(216 kb)
Planning, Development and Infrastructure Bill 2015
The Minister for Planning, Hon John Rau MP introduced the Planning, Development and Infrastructure Bill on 8 September 2015. The LGA ran a series of 10 consultation sessions across the state to discuss the Bill with its members and worked with Wallmans Lawyers to develop a consultation paper which summarises the Bill and some of the key issues for Local Government. The Paper and a summary of the discussion at the consultations sessions are available below.
While being in favour of a better planning system for South Australia, the LGA's members raised some significant concerns about the Bill and the Government's intention to remove or reduce many local roles. The LGA has encouraged South Australian communities to look at the Bill and contact their local MP to Keep Planning Local.
More information about the LGA's views on the Planning, Development & Infrastructure Bill is provided within our detailed submission, which was endorsed by the LGA Executive Committee on 15 October 2015.
The consultation paper used in the sessions with Councils along with summaries of the consultations are here:
Government’s Response to the Expert Panel on Planning Reform
On 25 March 2015, the Government of South Australia released its response to the Expert Panel on Planning Reform’s recommendations for a new planning system for South Australia. A copy of the ‘Transforming our Planning System’ report can be accessed at www.dpti.sa.gov.au/planning/planning_reform
The Government has determined to support, support in principal, undertake further investigation or partially support each of the 22 proposals recommended by the Expert Panel.
The drafting of new legislation will commence immediately, with consultation with key stakeholder, including Local Government to continue throughout the drafting process. The LGA has established Technical and Strategic Advisory Committees comprising Council Members and staff to work with the LGA Secretariat and Board during this process.
A Bill is targeted for introduction to the Parliament in July 2015. Debate on the legislation will commence in September after consultation during Parliament’s winter break.
Given the extent of the reforms that have been proposed, legislation is likely to be commenced in stages over the course of 2016-2017. Elements of the reforms will be phased in over a 3 year period following commencement of a new Act.
The LGA has made a preliminary response to the Government’s reforms, based on the submissions made during the Expert Panel’s process.
Consultation and Submissions on Expert Panel's Final Report
The Expert Panel on Planning Reform handed its final recommendations to the Minister for Planning on 12 December 2014. A copy of the Panel’s final report can be accessed at www.thinkdesigndeliver.sa.gov.au.
Following a series of workshops with Councils and endoresement from the LGA Board, an LGA response to the Expert Panel's final report has been made.
In preparing for further investigations of the potential cost and local influence impacts of proposed planning reform ideas, the LGA has prepared an initial high level impact analysis.
In preparing a response and undertaking consultation, the LGA prepared a summary of the proposed planning reforms.
In February 2013, the LGA welcomed the announcement by the Minister for Planning, Hon John Rau MP that an Expert Panel on Planning Reform has been engaged to consider the future of the Planning System in South Australia. The Panel, Chaired by Brian Hayes QC, will be delivering a final report to the Minister in December 2014.
A Planning Reform Reference Group (PRRG), Chaired independently by Dr Michael Lewellyn-Smith AM LFPIA, was established to give advice to the Panel on their deliberations. The LGA was represented on the PRRG by Mark Goldstone, CEO City of Prospect and Gary Mavrinac, General Manager District Council of Mallala.
The Expert Panel released its first public report in December 2013, entitled ‘What we have Heard’. This report was a summary of the issues and ideas that had been presented to the Panel during consultation in 2013. This included a number of submissions made by Councils. In May 2014, the LGA made its first submission to the Panel, which responded to the first report.
Following the release of the Panel’s ‘Ideas for Reform’ report in August 2014, the LGA conducted a series of consultation workshops throughout the State to hear views from Elected Members, staff and Development Assessment Panel members. These workshops were attended by approximately 190 people, representing 55 Councils. A summary of each of these sessions is provided below.
In addition to consulting with the Local Government sector, the LGA also engaged the Centre of Housing, Urban and Regional Planning (CHURP) to provide an independent commentary on the Expert Panel’s report. The project team, led by Andrew Beer, specifically provided an objective perspective on the extent to which the Panel’s ideas align with the LGA’s Planning Reform Objectives. A copy of the final report from CHURP is available here.
A draft LGA submission was presented to the Metropolitan Local Government Group and South Australian Regional Organisation of Councils for feedback, prior to being presented to the LGA Board and endorsed on 25 September 2014. The final LGA submission to the Expert Panel on Planning Reform can be found below.
LGA Planning Reform Consultation Papers
The consultation papers were prepared by the LGA Secretariat to provide a summary of the reform options from a Local Government perspective. The papers were intended to provide a guide to Councils in responding to the Panel’s ideas and to stimulate further thinking and have been prepared for consultation purposes only. Each paper provides:
LGA Planning Reform Research and Issues Paper
Prior to and during the Expert Panel’s review of the Planning System, the LGA has working with a range of expert consultants and Local Government staff to consider what the future of planning might look like. A series of Issues Papers have been developed which outline the key elements of the current planning system, describe the issues that Councils have reported to the LGA and commence a discussion about the planning reform options. The purpose of these papers is to provoke thought and discussion within the sector about planning reform options and the potential benefits and considerations for Local Government. It is important to note that these papers are consultation documents and not endorsed LGA position papers.
Standard Section 51 Bonding Agreement
With the support of their respective Boards and the Minister for Planning, the LGA and the Urban Development Institute of Australia (UDIASA) worked together to develop a 'Standard Bonding Agreement for Prescribed Works' under Section 51 of the Development Act 1993.
The 'Standard Bonding Agreement for Prescribed Works' is the progressive product of a positive collaboration between the LGA and the UDIA, and was settled by Norman Waterhouse Lawyers (LGA) and Botten Levinson Lawyers (UDIASA). A Working Group of Council Officers also provided valuable input to this project.
It is intended that this Agreement for prescribed works will reduce delays and frustrations experienced by both Councils and developers when negotiating the terms of a binding agreement, and also reduce costs. The ‘Standard Bonding Agreement for Prescribed Works' importantly enables specific inclusions to reflect the unique attributes of an individual project.
‘Prescribed works’ are defined in the ‘Standard Bonding Agreement for Prescribed Works’ as works required by conditions of land division consent imposed pursuant to section 33(1) (c) (v) of the Development Act 1993 and Division 2 of Part 9 of the Development Regulations 2008 relevant to the Development Approval. prescribed works will be specifically outlined in the schedule attached to a bonding agreement and could include matters such as ‘the construction, paving and sealing of every proposed road and footpath in the plan of division.
Housing and Urban Development (Administrative Arrangements) (Urban Renewal) Amendment Bill and Regulations
In May 2013, the Minister for Planning introduced legislation in the House of Assembly to provide a new planning process for urban renewal and precinct development. The LGA was strongly engaged with the State Government on negotiations on the Bill and after making the following submissions, supported the passage of the Bill through both Houses of Parliament.
The Urban Renewal Regulations came into operation on 18 September 2014. Refer to LGA Circular 40.1 for further information and a copy of the LGA's submission on the Regulations.
Practical Planning Resources
The LGA has prepared a number of practical resources to assist Councils to navigate all elements of the development process. Visit http://www.lga.sa.gov.au/developmentguide.
The Local Government Planners Kit provides an excellent resource to planning practitioners.
Planning SA website: http://www.planning.sa.gov.au/
Planning Institute of Australia (national): http://www.planning.org.au/
Planning Institute of Australia (SA): http://www.planning.org.au/sa
Environment Resources and Development Court: http://www.courts.sa.gov.au/OurCourts/ERDCourt/Pages/default.aspx
Environment Resources and Development Committee of Parliament: https://www.parliament.sa.gov.au/Committees/Pages/Committees.aspx?CTId=5&CId=174
Legislation, Regulations & related instruments
Development Act: http://www.legislation.sa.gov.au/LZ/C/A/Development%20Act%201993.aspx
Development Regulations: http://www.legislation.sa.gov.au/LZ/C/R/Development%20Regulations%202008.aspx
Development Plans for each Council: http://www.sa.gov.au/topics/housing-property-and-land/local-government/development-plans/online-development-plans
Planning Strategy: https://www.sa.gov.au/topics/housing-property-and-land/building-and-development/land-supply-and-planning-system/the-planning-strategy-for-south-australia
Land, Planning and Development Projects
Delivery of Planning Services to Councils (2011.08)
Development Assessment Online Stage 2
Development Assessment Planners’ Online Mentor & Induction Kit
Development of Social Infrastructure in Growth Corridors (2010.10)
Electronic Development Assessment - Initial Planning Process (25.04.35)
Guidelines for Developing an Urban Design Framework
Model Outdoor Dining Guidelines (2015.05)
Open Space Funding Study (2013.23)
Planning Information Package Update (2012.17)
Planning Policy Process System Review (2012.16)
Planning Reform Implementation Project (2015.07)
Practice Guidelines - Engagement Between Local Government and the Development Sector (2014.61)
SA Infrastructure design guidelines/standards (2014.32)
Upper Spencer Gulf Economic Development and Planning Zone (2013.53)
Urban Renewal Precincts - Guidelines (2014.63)