Transforming our Planning System: State Government’s response to the Expert Panel Planning Review
We know a successful planning system must be built on a well-informed and engaged community who can be actively involved in planning decisions.
That’s why we’ve continued to stress the importance of local autonomy to meet the unique needs of suburban and regional areas and promote transparent planning activities.
This localised policy helps to preserve and enhance local character and gives residents a voice in planning decisions that impact on where they live.
This depends on full participation of councils, and communities, in decision making to maximise the local benefits of planning processes, strategies and policies.
State Government’s response
The State Government’s support for improvements in areas like local heritage protection, urban greening, increasing minimum garage sizes and improved guidance for infill development are welcomed.
It’s unfortunate the government hasn’t taken the opportunity to further strengthen some areas, including third-party appeals for over height developments and conservation of heritage and historic character.
The LGA will be looking at the recommendations in detail over the coming weeks and seeking close engagement with the government on its recommendations.
Infill development
The government has provided in principle support for the creation of general infill design guidelines with industry, but further work is needed.
We will be seeking engagement on the guidelines, including provisions to revise how private open space is calculated and distributed and the requirement for a basic landscaping plan for all infill development.
Carparking
The government supports the recommendation for the minimum garage dimensions to increase.
Further work will be done with the State Planning Commission on the creation of local road design standards or guidelines, exemptions for electric vehicle charging stations from development (with considerations on location), and a car parking off-set fund to build active travel infrastructure.
Local heritage
The government has committed to looking further at panel’s recommendation to transition local heritage to the Heritage Places Act 1993 from the Planning, Development and Infrastructure Act 2016 (PDI Act) and improve visibility and protection of Representative Buildings in the Code.
Removing local heritage from the current PDI Act will create a more unified and streamlined heritage protection framework and is expected to simplify the regulatory process for heritage protection, making it easier for stakeholders to navigate and understand.
Equally, Representative Buildings serve to highlight examples of architectural styles or periods which significantly contribute to the character and identity of an area.
There is a need on better understand how Representative Buildings are intended to influence planning decisions, further guidance on their consideration in development assessments and how their character-contributing features should be preserved or reflected in new developments will be beneficial to the planning system.
Trees
The government has largely supported recommendations relating to trees including committed to investigating the intersection between the Planning Development and Infrastructure Act 2016 and Native Vegetation Act 1991.
They have also supported changes to ensure greater retention of trees including increasing the Urban Tree Canopy Off-set Scheme fees, investigating penalties for tree damaging activity, and encouraging tree retention and planting on private land. We will seek to further engage on extensions to regulated and significant tree overlays.
Accredited Professionals Scheme
The government has committed to looking further at the recommendation around minor variations, including amending the Scheme to remove the ability for building professionals to issue planning consents.
This initial step would ensure planning decisions are made by those with a comprehensive understanding of the planning framework and promote consistency and reliability in determinations.
Increased assessment times for complex applications
The government has committed to looking further at additional assessment for complex performance assessed development applications to 30 business days.
It is expected this will provide a more realistic timeframe for a thorough assessment of complex development applications, as they often involve intricate considerations such as land management agreements, environmental impacts and compliance with various planning policies.
Extending the assessment period would acknowledge the need for due diligence in reviewing these aspects comprehensively.
LGA’s recommendations for a stronger planning system
During the review the LGA called for changes to the planning system in response to the following eight priorities.
- a well-informed community empowered to genuinely engage with the planning system
- a Planning and Design Code that encourages innovative policy
- quality housing and urban design policy that is not considered as a cost add on, but as an essential part of an acceptable living environment
- good design outcomes embedded in innovative, clear, and well-articulated policy within the Planning and Design Code
- increased regulated and significant tree protection that recognises the importance of these trees and discourages removal through significant penalties
- a clearly defined role for Relevant Authorities within the planning system that is understood by the community
- redirection of the financial burden of administering and implementing the planning system away from local governments and their communities
- urgent resolution of inefficiencies in the eplanning system in collaboration with local government.
Next steps
The LGA will continue to advocate for a planning system which meets the diverse needs of our communities and supports quality housing and urban design.
We look forward to working with the government on these recommendations to strike the right balance between development, community values and local character.
Council staff and elected members are encouraged to provide us with feedback on the state government’s response to the expert panel.
About the review
The Expert Panel handed down 113 recommendations to reform the planning system in South Australia in a report made in April 2023.
Of these recommendations the state government has supported 63 in full, 13 in principle and 36 in principle with further investigation. There is one recommendation not supported.
Read the final report and state government’s response to the Planning System Implementation Review on the Plan SA website.
Find out more
For council enquiries about the Expert Planning Review, contact Senior Policy Officer Matthew Carlin on matthew.carlin@lga.sa.gov.au
For media enquries about the LGA's recommendations for a stronger planning system, contact LGA Media on media@lga.sa.gov.au