FAQs

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

Code Amendments are required to undergo consultation in accordance with the SA Community Engagement Charter, as required by the Planning, Development and Infrastructure Act, 2016. This is to ensure that engagement with stakeholders and the community is fit for purpose and responds to the specific needs and challenges of each Code Amendment.

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.

This Code Amendment started with a proposal to Inititate, which has been endorsed by the Minister for Planning. The Proposal to initiate identifies the scope of the amendment, including the extent of land affected, the nature of the investigations being undertaken, and the expected revised policy outcome or direction.

Once the Proposal to Initiate is endorsed by the Minister for Planning, Council undertakes the identified investigations and engagement processes identified, and prepares an Engagement Plan that outlines the who and how it will engage with stakeholders and the community. The investigations and recommended policy changes are documented within a Code Amendment Report for Consultation, which is the report Council is consulting on now.

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.

No, the intent of this Code Amendment is based on a desire to facilitate, over time, the relocation of the existing stable facilities in this location to a location that is more appropriate and avoids the movement of horses along public roads to the racecourse. As these locations currently mostly cannot be subdivided, it limits their attractiveness and value for sale.

In addition, the state government seeks that a majority of the housing required for the increasing population occurs within the established metropolitan area (85% is sought within the Plan for Greater Adelaide). As such, this location, being in close proximity to the Glenelg tramline (fixed public transport service) as well as a range of local services is considered an appropriate location for some further subdivision. Allowing subdivision through infill development allows for older housing stock on large lots to be developed for new housing that can accommodate modern needs of the community and further diversify the choice of housing. It also takes advantage of existing services and facilities in place, instead of increasing reliance on further expanding Adelaide’s urban areas into the surround rural and food production areas.

Yes an assessment of potential additional traffic loads from anticipated additional development on the local road networks has been undertaken. Given that the proposed policy change is unlikely to result in more than 105 additional dwellings to those that exist, whilst there may be a slight increase in traffic volumes in the local road network, the increase will not change the nature or function of the roads.

The potential for loss of on-street parking is also acknowledged, given that there will be additional driveways as a result of additional forward facing dwellings across he relevant streets. Whilst this is acknowledged, the Planning and Design Code already provides policies that would apply to residential development that:

• requires sufficient on street parking for each dwelling (typically 2 spaces per dwelling), one of which needs to be under cover);
• minimum dimensions for garaging to ensure they are suitable for vehicles;
• requirements for the retention of on-street visitor parking per dwelling (including minimum dimensions for these).

These policies are already part of the Code's core policy and apply statewide for all developments. Council is unable to adjust these policies, however, strictly enforces these in the assessment of infill development applications.

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 different types of dwellings referenced in the proposed policy are defined within the Planning and Design Code and apply throughout the state. The definitions are summarised below.

Detached dwelling

A self contained dwelling that is on its own site and has a frontage to a public road.

Semi-detached dwelling

A dwelling occupying its own site with a frontage to a public road that comprises 1 of 2 dwellings built side-by-side and joined together and forming by themselves a single building. Typically semi-detached dwellings have a common party wall joining them structurally (i.e not abutting only). 

Row dwelling

A dwelling occupying its own site with a frontage to a public road that comprises 1 of 3 or more dwellings built side-by-side and joined together and forming by themselves a single building. Typically row dwellings have a common party wall joining them structurally (i.e not abutting only).

They are also commonly referred to as terraces.

Group dwelling

A group of 2 or more detached buildings each of which is used as a dwelling and 1 or more has a site without a frontage to a public road (i.e they share a common driveway for access).

Residential flat building

A building in which there are 2 or more dwellings. Typically they share a curtilage / site and common access. They can be similar to group dwellings in arrangement (but the dwellings are attached to each other) or also in the form of apartments. 

The Planning and Design Code contains a number of different overlays that address specific policy issues, for example, Heritage, Stormwater Management and Regulated Trees. Overlay can cut across multiple zones and in the event of conflict with policy in a zone, take precedent. 

The Interface Management Overlay is intended to provide a level of protection for existing activities where there is an adjacent proposal for development that incorporates a "sensitive receiver" (for example a residential development).

The policy within the Interface Management Overlay seeks that developments, such as residential development, adjacent to an existing use that might have adverse impacts by virtue of noise, dust, odour or light spill (such as existing stables), is carefully sited and designed so as to minimise those impacts.

This may mean aspects like:

• locating residential dwellings as far as possible from the source of the impact (particularly bedrooms); 
• placing other non-sensitive buildings between the source and the sensitive receiver (for example garaging / outbuildings at the interface);
• placing rooms more sensitive to air noise and odour impacts further away from the source (i.e bedrooms).