Background

The Planning, Development and Infrastructure Bill 2015 (SA) proposes to repeal the Development Act 1993 (SA) and provide a new planning system to encourage growth in South Australia. The Bill was introduced into the House of Assembly and received its second reading speech on 8 September 2015.

Outline/Key provisions/Key changes

The Bill proposes to repeal the Development Act 1993 (SA). It provides for matters that are relevant to the use, development and management of land and buildings, including by providing a planning system to regulate development within the state, rules with respect to the design, construction and use of buildings, and other initiatives to facilitate the development of infrastructure, facilities and environments.

The Bill implements the key reforms recommended by the Expert Panel on Planning Reform by:

  • introducing a new general duty that reinforces the shared responsibilities of government, local councils, industry and communities for long term planning;
  • establishing a new State Planning Commissioner to act, among other things, as South Australia's principal planning advisory and development assessment body;
  • introducing a new option for upfront consultation with parliament in setting planning policy and in particular, requiring parliament to approve any decisions about urban expansion that affect food production;
  • precluding elected officials from local government and the South Australian Parliament from joining development assessment panels;
  • introducing new accreditation requirements for persons serving on these development panels;
  • introducing a new engagement charter that will set benchmarks for engaging communities;
  • establishing design standards for the public realm and infrastructure and implementing design, review, design principles and design-based zoning;
  • replacing the planning rules with a set of rules that can be applied consistently across the state;
  • giving authority to qualified professionals to make development assessments directly;
  • introducing online planning services and information; and
  • providing the court with the power to capture profits from breaches, impose corporate multiplier penalties and make adverse publicity orders.