Private Members Bills to be aware of, including one to delay the introduction of the Planning and Design Code
There is presently much legislative reform occurring, including regarding planning, local government, site contamination and natural resources management. Unsurprisingly, there is now a sense of “reform fatigue”, as local government officers try to stay across all of these changes. For this reason we provide you with a simple overview of what you need to know about six Private Members Bills presently before Parliament which, with sufficient political support, may further amend the Planning, Development and Infrastructure Act 2016 (PDI Act).
The most topical amendment is the Planning, Development and Infrastructure (Commencement of Code) Amendment Bill 2019 introduced on 13 November 2019 by the Hon. Mark Parnell. As readers will be aware, it is currently intended that Phase 2 of the Planning and Design Code (Code) will commence on 1 April 2020 and Phase 3 on 1 July 2020. This 1 July 2020 date is presently ‘set in stone’ in the PDI Act as the day by which the Code must commence operation. This Bill seeks to delete this express 1 July 2020 deadline.
If enacted, the proponent believes it would give the Minister for Planning the ability to postpone the introduction of the Code “to allow time to do the job properly”[1]. Councils interested in securing a potential deferral of the 1 July 2020 deadline may wish to show support for this particular Bill.
[1] South Australia, Parliamentary Debates, Legislative Council, 13 November 2019, p4961 (The Hon. M.C. Parnell)
Planning, Development and Infrastructure (Commencement of Code) Amendment Bill 2019
This Bill seeks to amend the Schedule 8 transitional provisions in the PDI Act to delete the 1 July 2020 deadline requirements for various matters including: finalisation and commencement of the Code; the State Planning Commission (Commission) acting as the relevant authority for development applications previously classified as “non-complying”; and transitional provisions regarding amendments to Development Plans in relation to infrastructure schemes. The proposal is to replace the 1 July 2020 deadline with a “designated day” that can be proclaimed, at the Minister’s discretion, for the purposes of these provisions at a later date.
Planning, Development and Infrastructure (Transparency) Amendment Bill 2019
This Bill seeks to amend section 29 of the PDI Act relating to committees of the Commission to require members of a Commission Assessment Panel (SCAP) to be accredited professionals; and to set basic meeting regulations for SCAPs including on the topic of the confidential consideration of agenda items. A further amendment seeks to insert a new section 119A into the PDI Act aimed at requirements for relevant authorities to publish applications, information and reports on the SA Planning Portal. An amendment to section 130 would require the Commission to publish application documents, information and reports regarding essential infrastructure onto the SA Planning Portal. An amendment to section 131 would require that the Commission similarly publish application documents, information and reports regarding Crown development on the SA Planning Portal.
Planning, Development and Infrastructure (Carparking Requirements) Amendment Bill 2019
This Bill seeks to amend section 108 of the PDI Act so that development comprising a new dwelling will be classified as “restricted development” if it does not provide carparking onsite (or within 100m of the site) at a rate of one carpark for a 1 bedroom dwelling and two carparks for a two or more bedroom dwelling. A further amendment is also proposed to section 110 to compel the Commission to ensure that such carparking requirements are met before a “restricted” dwelling development is granted planning consent.
Planning, Development and Infrastructure (Code Amendments) Amendment Bill 2019
This Bill seeks to amend the local heritage provisions in section 67 of the PDI Act by deleting subsections (4) and (5), which are not presently operative. These existing provisions prevent designation of an area under an amendment to the Code as constituting a heritage character or preservation zone or subzone unless the amendment has been approved by persons who, at the time that the consultation in relation the propose amendment is initiated under the Community Engagement Charter, constitute at least 51% of the relevant owners of allotments within a relevant area.
Planning, Development and Infrastructure (Gas Infrastructure) Amendment Bill 2019
This Bill seeks the insertion of new section 243A into the PDI Act to make void and of no effect any contract or arrangement entered into after 1 January 2019 that provides that an owner or occupier of land used (or to be used) for residential purposes is required to connect to or use infrastructure, equipment or any other facility in connection with the distribution or supply of gas. Excluded from this proposal is a contract or arrangement with an entity authorised under an Act or law to engage in the generation, distribution, sale or supply of gas.
Planning, Development and Infrastructure (Reserves) Amendment Bill 2019
This Bill seeks to introduce a definition for “reserve” in Section 3 of the PDI Act which would have the same meaning as in the National Parks and Wildlife Act 1972. Further, a proposed amendment to Section 66(2) of the PDI Act seeks to require the Code to be taken to incorporate management plans for reserves adopted under the National Parks and Wildlife Act 1972 (as in force from time to time). Finally, an amendment to section 108 seeks to classify development within a reserve as restricted development unless the public will have access to the development without charge; or it will be used primarily by persons involved in park management or scientific research.
[1] South Australia, Parliamentary Debates, Legislative Council, 13 November 2019, p4961 (The Hon. M.C. Parnell)
