Planning & Development

Planning Reform

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 2015.  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.

Response to the Expert Panel on Planning Reform's Report
 

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.

High level analysis of planning reform impacts on costs(304 kb)

In preparing a response and undertaking consultation, the LGA prepared a summary of the proposed planning reforms. 

The Planning System We Want - Preliminary Summary 

Planning Reform Final Report Workshop Presentation(247 kb)

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. 

LGA Submission to 'What We Have Heard'(448 kb)

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.

Metropolitan(132 kb)

Central Region(193 kb)

SELGA(202 kb)

Southern & Hills LGA(220 kb)

MMLGA(199 kb)

EPLGA(216 kb)

Practitioner Focus Groups(315 kb)

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 Submission to the Expert Panel on Planning Reform(1103 kb) 

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:  A summary of the reform idea A summary of how the idea is different is the existing planning system An outline of the potential benefits of the reform idea An outline of the potential risks/considerations for Local Government in responding to the reforms A list of key ‘consultation’ questions that might be considered in forming a response to the Expert Panel.

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.

Planning Reform Issues Paper - A Best Practice Planning Policy Framework for South Australia(187 kb) 

Planning Reform Issues Paper - Heritage and Character(460 kb)

Planning Reform Issues Paper - Urban Design(493 kb)

Planning Reform Issues Paper - Engagement(421 kb)

Planning Reform Issues Paper - Development Assessment Pathways (580 kb)

Planning Reform Issues Paper - Major Projects(337 kb) 

Planning Reform Issues Paper - Facilitating and Delivering Affordable Housing(106 kb) 

Planning Reform Issues Paper - Planning Appeals and Reviews(338 kb)

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.

Standard Bonding Agreement for Prescribed Works

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.

Housing and Urban Development (Administrative Arrangements) (Urban Renewal) Amendment Bill 2013 - LGA Proposed Amendments Table - June 2013(158 kb)

Urban Renewal Authority Bill 2013 - LGA Proposed Amendments - Letter to Hon John Rau MP(76 kb)

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.

Resource Links