FAQs

In South Australia, the Planning and Design Code (the Code) provides the rules and policies proposed developments need to abide by in order to gain planning approval. The Code’s polices include where residential and business areas should be located, the size, shape, and form of buildings, and the quantity of landscaping and open space that should be included.

The Code’s policies are not always consistent with the desires of the community, developer, Council, or State Government etc. A Code Amendment is a document that is used to justify and outline changes that are proposed for planning policies that apply to land. They can apply to specific land parcels, across broader areas, or address a specific policy issue that applies across the State.

Following the close of public consultation, Council will review all submissions and consider any specific changes that may be required to address the feedback received from the community and government agencies.

Following this, Council will prepare an Engagement Summary Report, along with a final Code Amendment which will be presented to Council for endorsement.

Once endorsed by Council, the Code Amendment is provided to the State Planning Commission for review and the approval of the Minister for Planning.

Once approved by the Minister for Planning, the policies are proposed by the Code Amendment come into effect.

Note that the Planning, Development and Infrastructure (General) Regulations, 2017 require that the Code Amendment is reviewed by the Environment Resources Development (ERD) Committee of Parliament, where the Committee can accept, recommend changes, or object to the Code Amendment. Any objection or suggested changes must occur within 28 business days.

Given the above steps in the process, the Code Amendment is planned to be presented to Council for endorsement towards the end of 2023.

It is hoped that the Minister endorses the Code Amendment by early to mid 2024, however as this is outside of the control of Council it may be subject to change.

The changes do not effect land owners or tenants ability to continue to utilise their land or tenancy for their business. Existing use rights continue to apply even if the Code Amendment is approved.

Depending on the site context, changes a centre-type zone for existing shops will better reflect the current use and support future proposals on that land (and potentially avoid the need for public notification of proposals).

Changes to housing to a neighbourhood-type zone better reflects that current use, and allows for appropriate redevelopment or minor developments to be assessed against better suited policy, providing greater clarity and certainty.

All current development approvals (ie applications approved but not yet acted upon) will remain valid and not directly affected by the Code Amendment.

Should you seek an extension to any valid approval, then this will be assessed against its consistency on the new policy and will depending on the specific circumstance.

The Code Amendment is released for consultation and will not come into force until approved by the Minister for Planning. If a development application is lodged with Council prior to the approval by the Minister, then it will be assessed against the current policy in place within the Planning and Design Code.