FAQs
- the Chief Executive of the Department
- an agency or instrumentality of the Crown
- a council
- a joint planning board
- a scheme coordinator
- a provider of essential infrastructure (private proponent)
- a person who has an interest in the land - where the person is seeking to alter the way in which the Code affects that land (private proponent).
- Request that the council undertake a Code Amendment process. The council will use the Privately Funded Planning and Design Code Amendments Policy and Procedure to consider individual requests for rezonings and establish the costs to be bourne by the land owner or developer.
- Lodge a Proposal to Initiate a Code Amendment via the PlanSA website. Private rezonings may be undertaken by the private proponent or by the Chief Executive of the Attorney-General’s Department on the proponent’s behalf.
- Rezone areas, using the current zone structure in the Code
- Amend technical numerical variations in the Code
- Amend an Overlay in the Code
- Designate a place or area as having local heritage value in the Code
- Declare a tree, or stand of trees, as significant in the Code
- In exceptional circumstances, prepare or amend a zone or create a subzone in the Code.
- Approve a minor or operational change to the Code; or
- Approve a complying change to the Code after the completion of a Regional Plan.
What is a Planning and Design Code Amendment?
The Planning and Design Code contains the planning rules and policies that guide what can be developed in South Australia. Planning authorities use these planning rules to assess development proposals.
A Code amendment is a proposal to change the policies, rules, or mapping within the Code. Broadly the process involves:
Who can initiate a code amendment?
A wide range of proponents can initiate a Code Amendment in addition to the Commission. These include:
As the Code applies throughout the whole of South Australia, changes to the general policy in the Code (including changes to General Zones and Overlays) could have broad-reaching impact. In these circumstances, it may not be appropriate for a private proponent, government agency, council or joint planning board to initiate a change to general policy, unless there are exceptional circumstances to justify the change.
Private proponents (including parties with an interest in land), government agencies, councils and joint planning boards can initiate spatial changes to the Code (for example, by changing the zone which applies to a specific area, using the current zone structure in the Code) as well as changes to the technical and numerical values applying to a particular location.
The table below describes the scope of proposed Code Amendments which are expected, depending on which entity is initiating the change.
Spatial changes (overlay, zone, sub-zone) | Policy Overlay, General, Zone | Policy Sub-zone | Technical & Numerical Value (TNV) | Complying Change | Minor or Operational Change | |
Minister | Yes | Yes | ||||
Commission | Yes | Yes | Yes | Yes | Request to Minister | Request to Minister |
CEO, DTI | Yes | Yes | Yes | Yes | Request to Minister | Request to Minister |
Joint planning board | Yes | Request to Commission | Limited | Yes | Request to Minister | Request to Minister |
Council | Yes | Request to Commission | Limited | Yes | Request to Minister | Request to Minister |
Agency | Yes | Request to Commission | Limited | Yes | Request to Minister | Request to Minister |
Persons with an interest in the land Providers of essential infrastructure | Yes | Request to Commission | Limited | Yes | No | Request to Minister |
How does a land owner or developer initiate a code amendment?
Where a landowner or developer would like to have a property rezoned, it is recommended that in the first instance the landowner or developer approaches the council and seeks their preliminary advice. Depending on the advice received, it is then recommended that the land owner or developer engages a planning consultant for further advice and assistance in pursuing the rezoning.
To progress an amendment to the Code relating to land which a party owns or has an interest in, that party can:
In the Proposal to Initiate, the private proponent may indicate a preference on who prepares the Code Amendment, but this will be the Minister’s decision at the initiation phase.
Code Amendments prepared by private proponents
If a private proponent is proposing to undertake the Code Amendment itself, the private proponent will need to provide a declaration of their interest in the land when they complete the Proposal to Initiate. That proposal cannot include land that the private proponent doesn’t have a legal or equitable interest in.
It is also expected that a private proponent will provide or obtain professional services from a person with qualifications and experience that is equivalent to an Accredited Professional – Planning Level 1 under the Planning, Development and Infrastructure Act 2016, in order to undertake the Code Amendment process.
What is Councils role with regard to the Code?
Council plays an important role in planning for growth and change within the local area. Identifying strategic policy amendments that address local conditions is a key function. Councils are also encouraged to also identify areas of policy improvement within the Planning and Design Code.
A council or a joint planning board, subject to the approval by the Minister, can undertake a Code Amendment process to:
A council or a joint planning board may also request the Minister to: