Practice Direction 2 - Further changes to the process for the preparation and amendment of designated Instruments

Newsletter article

Practice Direction 2 - Further changes to the process for the preparation and amendment of designated Instruments

“Practice Direction 2: Preparation and Amendment of Designated Instruments” was recently updated. The changes appear aimed at improved clarity and additional information to be provided to the Department during the preparation and amendment process. By way of overview, the changes comprise the following (indicated by underlining):

1. Following conclusion of the community engagement process, the Designated Entity must now provide the Department with the updated draft Designated Instrument or the amendment to the Designated Instrument in the form of amendment instructions.– Part 2, clause 6(1)(b)
2. To initiate an amendment to the Code the Proponent must now lodge a Proposal to Initiate and SA Planning Portal Publication Instructions - for Initiation – Part 3, clause 17(1)
3. Relevant practitioner(s) engaged by a Private Proponent to undertake the Code Amendment process must have the following qualifications and experience (which must also be set out in the Proposal to Initiate):
   1. A relevant planning qualification as set out in Schedule 1 of the “Accreditation Authority’s Qualifications, Skills & Experience Requirements for Accredited Professionals”; and
   2. A minimum of five years working full time or equivalent experience in role(s) using any one or more of the following skills:
      1. Plan making, including strategic planning, master planning and structure planning.
      2. Planning policy development, review and/or policy interpretation and advice.
      3. Plan implementation including development assessment and statutory planning.
      4. Place-making and urban design. - Part 3, clause 7(2)(b)
4. The Proposal to Initiate must also set out:
   1. An outline of technical or numerical variations proposed for amendment and/or the intended spatial application of these.– Part 3, clause 7(2)(c)
   2. Evidence of preliminary consultation with the Council CEO/Joint Planning Board, but only in the case where a Private Proponent is the Designated Entity
   3. The identification of a consultation start date. – Part 3, clause 7(2)(n)
5. The SA Planning Portal Publication Instructions – for Initiation must set out:
   1. identification of a consultation start date, consistent with the Proposal to Initiate timetable;
   2. an outline of the consultation approach including period of consultation, key audience and consultation methods (noting the Commission may also recommend specific conditions); and
   3. a summary of the Code Amendment in plain English. - Part 3, clause 7(3)

Please contact Rebecca McAulay on 8210 1278 if your Council seeks legal assistance in navigating the Planning, Development and Infrastructure Act 2016 in order to undertake or respond to a Code Amendment process.