Our new planning system outlines an efficient and sustainable vision for the future of South Australia. To ensure this vision is maintained as planning instruments are introduced, an independent State Planning Commission has been established to act as the state’s principal planning advisory and development assessment body.
The Commission was formalised on 1 April 2017 with the commencement of the Planning, Development and Infrastructure Act 2016. The inaugural chair, Mr Tim Anderson QC, has been appointed Chair together with the additional appointments of the inaugural members Mr Michael Lennon, Mr Matt Davis, Ms Janet Finlay, Ms Fairlie Delbridge, and Mr Allan Holmes. The Commission comprises experts across a range of disciplines including economics, urban design, construction, social and environmental policy and public administration. Ms Sally Smith, DPTI’s General Manager, Planning and Development has been appointed as the ex officio member.
The Commission will operate with the support of the department, which will provide professional and technical expertise, administrative services and corporate resources, to assist in the performance of its functions.
The planning system is complex and can often require experienced professionals to make procedural judgement calls. To support them, the new Act includes the ability for The Planning Commission to issue practice directions and guidelines.
A Practice Direction may specify procedural requirements relating to any matter under the legislation. Often these will be issues that are dealt with by regulation under the current Development Act 1993. Throughout the new Act there are many specific instances where the State Planning Commission is allowed to issue a Practice Direction.
Practice Guidelines will provide guidance on the interpretation of the Planning Rules or the Building Rules. This will be most helpful where some ambiguity or differing interpretations occur. Assessment authorities will be taken to be acting consistently with the Planning Rules or the Building Rules if they act in accordance with a practice guideline.
A key part of our new planning system is selecting the most relevant authority to make decisions about proposed developments. Which authority is most relevant will be based on the scale, impact and risk of a development and its expectations in the given area. The appropriate authorities are:
Following commencement of the PDI Act on 1 April this year, under the transitional arrangements Council and Regional Development Assessment Panels have been able to continue as Assessment Panels under the new Act.
It has now been determined that on 1 October 2017 the transitional arrangements will cease, and the new Panel arrangements will formally commence.
The Assessment Panels factsheet has been updated to reflect the requirements for Councils to prepare for the commencement of their new Panels. The factheet can be accessed from the relevant link below.
The Minister has adopted a code of conduct (PDF, 184 KB) to be observed by members of assessment panels. The code of conduct sets out standards of conduct and professionalism that are to be observed by all members of an assessment panel.
Regulation 11 of the Planning, Development and Infrastructure (General) Regulations 2017 (operational from 1 October 2017) prescribes the process to be followed if a person believes that a member of an assessment panel has acted in contravention of the code of conduct.