Updates to the State Planning Commission Practice Direction 12 (Conditions) 2020

The State Planning Commission Practice Direction 12 (Conditions) 2020 (Practice Direction 12) was recently varied to insert two new directions in relation to development conditions. The updated version, being Version 3, of Practice Direction 12 commenced operation on 13 October 2023. It is available to view here.

Construction of common driveway

The first addition to Practice Direction 12 intends to prevent the reoccurrence of the circumstances which followed the collapse of Felmeri Builders & Developers Pty Ltd (Felmeri). The common driveway being built by Felmeri at its O’Halloran Hill development to provide access to the community lots was left incomplete upon its liquidation, leaving homebuyers unable to access their properties until the State Government intervened.

Practice Direction 12 now imposes the following condition where an application involves the division of land under the Community Titles Act SA 1996 (SA) which will create more than six community lots when all stages of the development are complete:

“Construction of the common driveway (including all access points to and from the common driveway) must be completed to provide access to the community lots before the State Planning Commission issues its land division certificate under section 138 of the Planning, Development and Infrastructure Act 2016.”

Ancillary accommodation

The second addition to Practice Direction 12 reflects the recent amendments made to the Planning, Development and Infrastructure (General) Regulations 2017 (SA). A detailed discussion of these amendments can be found here.

Version 3 of Practice Direction 12 prohibits the making of conditions in relation to ancillary accommodation, which:

• prevent the leasing, renting, or occupation of ancillary accommodation; and
• restrict the occupation of ancillary accommodation (including by restricting occupation to family members of those residing in the primary dwelling).

For more specific information on any of the material contained in this article please contact Rebecca McAulay on +61 8 8210 1278 or rmcaulay@normans.com.au or Stephan Koefer on +61 8 8217 1368 or skoefer@normans.com.au.