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.

No, the state government seeks that a majority of the housing required for the increasing population occurs within the established metropolitan area. As such, parts of the southern suburbs of the City of Marion council area are considered appropriate locations for some further subdivision. Allowing subdivision through infill development allows for older housing stock on large lots to be developed for new housing that better suits modern needs of the community. 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.

The Code Amendment has been guided by a range of strategic documents to which it responds, including:

• 30 Year Plan for Greater Adelaide (being the current Regional Plan covering the City of Marion)
• City of Marion Strategic Plan 2019-2029

Council also undertook the following investigations to inform the suggested policy changes:

• an analysis of the topography within the areas affected by the Code Amendment
• an assessment of existing allotment sizes and housing age within the affected area
• an assessment of the readiness for development of sites based on the ratio of capital and site values
• an assessment of development potential of areas based on current policy settings
• a comparison of policy in adjacent Council areas for sloping sites.

The determination of slope for development has been considered by the Courts and an approach that considers the practical application and assessment of functional needs is typically applied. This involves examining the extents or areas of different slope across the site and their relative percentages of the site area (with the greatest extent of percentage of slope typically applied for the site). See below example:

The slope for the site in the above example will be determined to be less than 1:8.

It is important to note that the slope categories within the Hills Neighbourhood Zone (as shown in the above example) are determined by the State and cannot be altered.

The proposed amendments will provide some additional opportunities for those wanting to develop their sites, whilst where slopes are steeper, this will be less so.

For the most part, the changes proposed in the Code Amendment will have little direct impact on those living in the affected area. The existing policies in place relating to maximum building heights, setbacks and site coverage will remain in place, and every new dwelling will continue to need to be assessed against how it responds to the local context and the sloping nature of this land.

Yes an assessment of potential additional traffic loads from anticipated additional development on the local road networks has been undertaken. Overall, 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.

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.