Planning & Design Code is now up to the Government

The South Australian Community has spoken. Our local (Black Forest & Clarence Park) community has spoken. And boy did we locals speak. The Planning & Design Code is now up to the Government.

 

Planning & Design CodeI am proud of my local community, my neighbours. We have taken the trouble to understand how the draft Planning & Design Code would impact on us if adopted. In other words, we took the trouble to be informed.

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As a result, we took the trouble to contribute to the conversation. To respond to the Government’s public consultation process, which has now come to an end.

I am proud to have taken the lead in this, along with Jennie. To ensure you were informed. Just part of my election commitment to provide local leadership and work for you.

I am proud also of how we found a small army of volunteers to spread the word. We could not have achieved the response rate we did without them. I thank them from the bottom of my heart.

Council too, has down its bit. They have provided an in depth analysis with recommendations for improvement.

We’ve done our bit. Now it is up to the Government, through DPTI and the SA Planning Commission. Fortunately, they have made a start by extending the implementation date.

They had no choice. There is a significant amount of work to unpack the observations made by all of us. They have committed to publicly advising what they have heard. Once they have done this they must make amendments to the draft that they recognise is necessary.

The challenge for them will be satisfying us that we have a workable Code. A Code we all can work with. One that does not destroy neighbourhoods, but one that permits appropriate development with a simple easy to use system for gaining development approvals.

This, at the end of the day, was the original goal.

City of Unley is Leading the way and speaking up.

My last blog showed how the Black Forest/Clarence Park community responded to the Government’s Planning & Design Code (PDC). In numerous other posts, while I have trusted the Government’s intention I have questioned their ability to get the Planning reforms right.

In this blog I wish to highlight what Council is doing. I can say the City of Unley is leading the way and speaking up in analysing the Code.

 

Planning & Design CodeWe (Council) have devoted significant resources to analysing the PDC. We found this was necessary due to the size and detail of the draft Code. Likewise because it is full of errors & omissions. Errors & omissions that do not uphold the Minister’s promise of transitioning like for like. Errors & omissions (on reflection) that must be inevitable in transitioning 72 Council Development Plans into the Code .

Our administration have provided an in-depth analysis into the entire document. Our City, Strategy Committee unanimously approved my motion supporting that work as our submission to the Government. Council last night endorsed the committee’s recommendations.

 

This submission goes well beyond the issues I have recently raised in this forum. It certainly mirrors my observations of the problems in the draft code but goes further.

 

It replicates also my observations as to how to address these problems. That is to transition the current RB350 zone into (not the General Neighbourhood Zone but) the Suburban Neighbourhood Zone. Likewise, to transition the current numerical values contained in the RB350 Zone into the Technical Numeric Variation Overlay of the Suburban Neighbourhood Zone.

It mirrors (as one would expect) my belief that Council’s should not only be re included as a contributor to future Code changes, but they should take a lead role. It also highlights the sense in delaying the introduction until it is ready for implementation.

There is so much more, the detail of which is too great to simply highlight in a blog post. Should you want more information on Council’s submission you can find it here.

Black Forest & Clarence Park speak up.

Watch as the rate payers of Black Forest & Clarence Park speak up against a false promise by the Minister for Planning.

 

The Minister (Stephan Knoll) and the Chair of the State Planning Commission (Michael Lennon) have publicly suggested by inference that their current Council Development zone RB350 will be transitioned with little or no change in to the new Planning & Design Code. The ratepayers are only too aware however of the significant differences that are and that this is NOT FACT. Differences highlighted in my blog post of 16 December.

PDC Public Meeting

Residents attending Black Forest/Clarence Park PDC Public Meeting

Around 100 people attended a meeting held by my Co-Councillor & I. Many more have also attended house meetings I spoke at.  I have, as I am sure Jennie has, spoken one on one with many others. Even more have learned by word of mouth.

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PDC in Black Forest

Residents attending Black Forest/Clarence Park PDC Public Meeting

The community is engaged. They have responded to my blog post of 8 January among other things. As a result, they are likely to inundate the Department, with expressions of feedback. Likewise the Minister.

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Thanks to my in-depth analysis noted in my 16 December blog, they are aware of the changes. An analysis that 95% of people simply would not be able to do for themselves.

The community is frustrated. Many, believing they are being targeted, are incensed at the Government.

Some believe these changes are deliberate. Others, like me, believe it is just dumb stupidity. Either way,  the result is the same. It is indeed enough for the rate payers of Black Forest & Clarence Park speak up and be heard. It is likewise enough to unseat this Government if what we are experiencing is occurring on mass elsewhere.

Their submissions will add depth of voice to Council’s own submission to the Department, and our lobbying behind the scenes. The Government will surely see that the Community is backing up their Council.

Look to another blog post soon covering Council’s response.

If You Don’t Speak Up Suffer the Consequences

Suffer the consequences if you don’t speak up. That is what is facing you right now if you live in Black Forest. It also applies if you live in Clarence Park west of East Avenue or a small section fronting Goodwood Road.

 

Suffer the ConsequencesFrom you ask. From the possible replacement of current housing stock with not just 2 for 1 but 3 for 1 or worse. Developments such as the one in the adjacent photo. From 60’s style flats.

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The Government is seeking public comment on their new Planning & Design Code. The Code, a single document, will replace all current 72 Council Development Plans. Future development in our streets will be judged on this Code.

So what. The Minister has given public assurances that the zones in the old Council Plan will be transitioned into the new Code without change.

 

Sorry Minister. You are mistaken.

 

The zone called RB350 in the City of Unley Development Plan is NOT being transitioned without change. It has significant, negative change which can’t surely have been intended on your part.

Thinking about it, transitioning 72 equivalent RB350 (or the like) zones can’t possibly be achieved without change. The numerical date in each of these plans differs. Rolling them into one therefore cant be achieved without change occurring.

 

In the case of Black Forest & Clarence Park, that change is dramatic. It is so dramatic we all need to speak up against it. If we don’t we will suffer the consequences.

 

Suffer the ConsequencesYou will be receiving a flyer in your letter box in the very near future seeking you to help us help you protect the amenity of our neighbourhood.

I have also been speaking to as many of my neighbours, from both suburbs, to explain the extent and the gravity of what is proposed. I have explained to each of these people what I see is the simply answer to the challenge we face.

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Please pass this blog post onto your neighbours and contact me so I can explain to you what this is all about. It will take approximately an hour so to do during which time I can give you case studies of what might happen. I can give you guidance as to what the solution is and what you can do, and trust me, it is simple.

Please also come along to the Clarence Room in the Clarence Park Community Centre at 7.00 pm on Friday 24th January where Jennie and I will present further, answer questions and guide you on what you can do.  

Tell the Government what you think of the new Planning & Design Code.

It is your turn, and it is important and urgent you do, to tell the Government what you think of the new Planning & Design Code.

 

Much has been said about the Planning & Design Code (PDC) in the last 12 months. To keep you informed, I have posted numerous blog posts on the subject.

In previous blog posts I questioned the Minister’s assurance that the PDC will simply transfer like for like from 68 council development plans into the new single code. We have heard they will maintain demolition controls that exist in historic and character areas.

This has been achieved in Unley, to a large degree, albeit inconsistently.

The Clarence Park Ward (west of East Avenue) however is not looking to fare as well.  With no similar protections as the rest of Unley we are vulnerable.

I have spent many an hour deciphering the code since it was finally published a couple of months back. In so doing I have found some alarming quantitative changes.

Changes that will see a potential significant increase in density where you live. Changes that with the allowing for “minor” variations as being acceptable, could see 3 houses where there are now only one.

If you want to protect the integrity of the area you live in you must speak now. The amenity of your suburb/street could change forever as a result of changes that ARE being proposed for your area.

If you don’t you could experience what residents along Fullarton Road have recently experienced. Your opportunity is now. It will be too late if you wait until a development is proposed for next door.

You have until the end of February to do this.

Jennie & I will strategize this Saturday morning (21 December) about how we might share what we have learnt and help you provide a submission with substance.

We are having a coffee at Rise & Grind and will be there between 10.00 am and noon if you want to come and learn some more sooner rather than later.

New Planning & Design Code is Introducing Environmental Initiatives

The draft Planning & Design Code is introducing some environmental initiatives or controls but there is no detail yet. At least I am struggling to find them.

 

Pilots licences aside, the author of the Code and now the Minister are on record as sprouting that the Planning & Design Code is introducing some environmental initiatives. Initiatives hitherto not incorporated in Planning legislation.

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Initiatives such as:

  • Identifying tree canopy cover as a planning requirement
  • Providing for Deep Soil Zones
  • Likewise permeable surfaces
  • Regulated Tree Overlay

I am confused however by what I read in the Code concerning each of these initiatives.

Identifying tree canopy cover as a planning requirement

The City of Unley has been promoting for some time now the need to incorporate some form of development controls around ensuring tree canopy cover. The Government’s 30 year plan calls for an increase in tree canopy cover.

They have set a goal for Unley to have a 30% canopy cover by 2030. This cannot be achieved unless the are mechanisms to increase the overage on private property. The Code has an aim to do this.

The only references I find regarding trees on private property so far talks of planting trees at the front of development of 4 or more storeys. The only other reference I can find is for tree planting provided on public streets and public open space. Hardly an initiative of significance I would have thought.

Providing Deep Soil Zones

Again the only reference to deep soil zones is on multi storey development.

If I simply have not found the detail on both of these initiatives I trust the Minister will direct me to it. If it has been omitted then I trust it will now be included.

Permeable Surfaces

A number of references have been made in respect of carparking areas and/or driveways containing at least 50% permeable surfaces. This is encouraging but I would like to see a more general requirement for permeable surfaces on all properties. Too many properties are totally paved out or have fake lawn.

Regulated Tree Overlay

Sounds a lot like we now have areas where we wish to protect trees. Areas rather than focus on quantifying what constitutes a regulated tree. I believe I need assistance understanding what the legislators are trying to achieve here.

It seeks to preserve regulated trees listed as rare or endangered under the National parks & Wildlife Act 1972. Trouble is I don’t see any tree species listed in that Act.

This Overlay talks of trees within 20 metres of a building. It seems that the distance from a building within which trees do not need development approval for removal has been extended.

If I am reading this right, I trust it is in error. Otherwise the legislation is watering down restrictions.

 

 

 

Is the new Planning & Design Code simpler?

Is the new Planning & Design Code a simpler, easier to use code or a document of complexity that will require a pilot’s licence to navigate.

 

Renewing Our Heritage PlanningThe core of the Planning & Design Code is the data base that will sit behind it. This data base will allow anyone, not just those with a pilot’s licence, to pull up their own property on a map and find out what develop is or is not allowed on that site.

To that end it is clearly going to be easier to understand the planning system in South Australia. Behind this however is a regime of legislation far more complex than the totality of the 68 Council development plans now in operation. A far cry and the complete opposite of what we expected when former Minister Rau announced the changes and a reduction to only 5 zones. A code by the way that would not recognise character zones.

Minister Knoll advised the community attending last week’s forum that the current zones have all been transferred to the Code. This one might expect means without change. He also reinforced that current demolition controls would be maintained.

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This code has some 50 zones. I have not counted how many layers over these. This makes the process of evaluating the code an onerous one. A process that is testing those of us with knowledge in matters planning.

 

As I said in my last blog post I have found the draft Code to be full of errors and omissions. The transfer of zones has not been seamless. The errors and omissions are extensive. So extensive it does lead to the speculation that the Government cannot be trusted. It seems that we need to identify them (each and one by one), failing which the intent may not be achieved and there will change by stealth.

I am working through the Code to do just that and undertake to continue so doing and keeping you informed. Your Council, through its Principal Planner David Brown, is doing the same thing.

The City of Unley will be seeking further interaction with the Minister and the SA Planning Commission. We will be putting in what clearly will be a detailed submission. We have to given the observations I am making.

 

Draft Planning & Design Code Errors & Ommissions that need Correcting

The draft Planning & Design Code errors and omissions are many. As it is a complex document it is proving hard to identify them.

 

Renewing Our Heritage PlanningTo start the conversation that Minister Knoll has invited, let’s look at some of the more essential. At least from a City of Unley community point of view.

The Minister indicated to us that all the zones in the Current Unley Development plan have been transferred to the draft. He also advises there will be no reduction in demolition controls.

On my first couple of reads of the draft, not so.

A look at the very basic of zones sees a reduction in area applicable for each house. If our zones were to have been transferred without change, the RB 350 zone (in which I live) would not now read 300 m2 as being the size of allotment per house as a minimum.

Unley has a zone called Streetscape Built Form. It is a zone afforded demolition controls, but not as stringent as those applying to Historic Conservation Zones.

Under the Code, these zones are shown to be part of what is now to be called a Character Area Overlay. This overlay has no demolition controls.

This needs to be addressed. Either demolition controls need to be introduced into the Character Area overlay, or those current zones in Unley would have to be redefined as a Historic Conservation.

Our new Corridor Zones have a 30 degree interface with neighbouring residential zones. The Code is specifying this only for south bound residential zones. A 45 degree interface therefore is relevant to all other geographical sides.

Are these errors and omissions that will be corrected once they are pointed out? Or are they deliberate changes, as suggested by those in our community who are cynical about Government promises.

Whatever, they could have a profound impact on our community if left unaltered.

Call me Naive with the new Planning & Design Code

Call me Naive but I do believe we need to get on board and work with the Government on the new Planning & Design Code.

Naïve maybe. Focused on outcomes definitely.

Minister Knoll continues to give assurances, that they will listen to us during the current 5 month long consultation period. Assurances that we have also been hearing from the SA Planning Commission chair, Michael Lennon.

Call me naïve, call me mad, but I believe him.

Trouble is my neighbours, my rate payers don’t believe him. They don’t trust him. They don’t trust the SA Planning Commission.

Since the initial draft of the Code was released I have taken my usual pragmatic approach and delved into the detail, or lack of it. Others, given their lack of trust and maybe expertise in reading development plans, have focused on complaining about a lack of consultation. Complaining that they are not going to be heard anyway.

Minister Knoll indicated at a recent heritage focused public meeting, held by local State MP and fellow Minister David Pisoni, that Ministers and Governments should be judged on what they do. He then tried to assure the heritage conservation focused audience that the cabinet is made up of inner city seats, whose constituents are heritage focused. Cabinet members, in other words, attuned to the needs of their constituents.

The cabinet will make the final decisions he told us. This is not what we have previously understood. We believed that the Commission is responsible for making the final determination of what is included or not. This belief has led to many in the community believing  this legislation is undemocratic legislation.

Trouble is, as I pointed out at the meeting, the complexity of the draft code makes learned consultation very difficult. It is laden with errors and omissions.

Such does not give rise to trust and I made sure the Minister heard this observation. It actually breeds cynicism.

I pointed to examples of the errors and omissions to applause from the audience. In so doing I urged the Government to consider extending the implementation date. I did this to ensure consultation and the opportunity to respond to that consultation is as accurate as it can be.

I am not sure he heard me.

That said I firmly believe, and call me naïve if you want, that we must focus on what is in the Code and what is NOT in the code. Watch therefore this space.

Is the New Planning & Design Code Undemocratic legislation

Communities from across the state attended a forum last night believing the New Planning & Design Code is Undemocratic Legislation.

Held at the splendid heritage listed Norwood Concert Hall, the forum was conducted by Protect Our Heritage. Protect Our Heritage is an alliance of local community organisations whose primary aim is protecting our heritage. Their website is https://protectourheritage.nationbuilder.com/

Renewing Our Heritage PlanningThe forum was designed to inform and encourage communities to respond to the State Government’s new Planning & Design Code. Speakers on the night all spoke with concern that  hard won protections for our treasured heritage places are under threat.

The common belief expressed was that the Government’s State Planning Commission is not looking to maintain those heard fought protections. This flies in the face of assurances I have received from the Chair of the State Planning Commission. Assurances expressed in blogs I wrote in May and earlier this month.

How the Commission will treat (what have been called until now) contributory items was the biggest concern. Public utterances from the Government, the Minister and the Commission have left members of the alliance believing protections are going to be removed in the new Planning & Design Code.

They are concerned that the Commission will determine, not the parliament, what will or will not be included. In other words, they believe that there is not going to be any public input into the final decisions. In other words, undemocratic legislation.

At the heart of the concerns and energy in the room last night then is a lack of community consultation.  

Rather than consult us, the Commission has been saying trust us. Given a lack of consultation to date, attendees do not trust the Commission and the Government.

I believe the problem here is when should a government (whether Federal, State or Local) commence consulting on any issue. Should they consult when a project is at the formative (blank sheet) stage. Or should it be when there has been sufficient information for informed public observation to be possible.

Here at Unley we have tried both ways. Either way we have been criticised. When consulting on a blank piece of paper for not providing substance to respond to. When consulting on a prepared position for hiding facts until the end.

As reported in my blog earlier this month the Commission will be putting their proposals out to consultation from October. At this time there should be sufficient information for informed debate by the community.

The consultation period for metropolitan council areas will extend until early next year. This should provide ample opportunity for such informed debate.

Finally, as I have said in both mentioned blog posts, we must respond when the opportunity presents itself shortly. We must look at the detail (the devil is in the detail). We then must put our submissions into the Commission. That is all us. Collectively and individually.

As I have often said in my blogs, only then can you be assured your voice is heard. Let us all ensure by participating that we are not the reason for any undemocratic legislation.

I know I will be. Will you?

Your worst fears won’t be realised in the new Planning & Design Code

YOU will get a say in the Planning & Design Code. YOUR worst fears should not be realised. The SA Planning Commission has listened and understands. your concerns.

 

Expect the new Planning & Design Code to capture many of the things you want to see. Expect also the fears of what may be lost (which have you concerned) will not happen. Having said that you will need to see this for yourself and reinforce your views when the opportunity presents itself.

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YOU will get a say in the new Planning & Design Code. That opportunity is just around the corner. I expect, after attending a second elected member briefing by the SA Planning Commission, that the first draft will be available in October. More than that, you will have an opportunity until early in 2020 to have your say.

Your worst fears should not be realised. Indeed, the Commission has been hearing what we have been saying on several issues, important to you.

As I indicated in my blog post dated May 2, the Commission want to provide the protections for heritage and character housing that we believe exist now. It will not be done by way of zones (with which we are now familiar) but by overlays.

Tree canopy, deep soil, single driveways & carparking requirements etc WILL be included in the new deemed to comply component of the new Planning & Development Code, unlike the current Res Code. It will also introduce policy to ensure streetscape presence unlike current res code.

All numerical parameters will be retained.

Having said all that the SA Planning Commission is expecting’ that their first draft will include errors. For all the best will in the world they expect they will get it wrong. Input from you will ensure that these errors are identified and addressed. When you do please engage with them honestly but fairly.

Heritage at Risk, or is it?

Heritage at Risk, or is it? That is the question I am asking on the back of this weeks media coverage of the State Planning Commission recent announcement.

 

Media coverage suggests that 12,000 homes across Adelaide could lose their status. Contributory items that is, could lose their status. Thankfully, State Heritage places and Areas, along with Local Heritage places appear to be safe. Heritage Conservation Zones would be at risk. So too would Unley’s Streetscape Zones.

Such a change will go down like a lead balloon in the inner suburban areas. Unley included. Many a conversation I have had with our rate payers confirm a fury over the possibility of us losing our heritage conservation and streetscape zones.

I am seeing a different storey. In short, the State Planning Commission has invited us to prove the case for retention of our various zones. To clarify, in their letter inviting us they are saying they will be receptive to our response.

Commission InviteIn that letter Mayors, Chief Executives and Elected Members have been invited to one of three sessions the Commission will hold on the transition. Transition, not removal.

We (Council) have the opportunity to ensure the zones are not lost. They are asking us to promote “why” we would transfer our zones into what is described as new layers in the new Planning & Design Code.

new layers

 

The fight not over. It is there to be won. That said, there is much work to be done.

We need (on mass) attend the workshops put on by the Commission. Accordingly, I personally have booked in to one on the 30th of this month.

We (Council) then must in within the time frames indicated by the Commission implement a DPA aimed at protecting our “character” homes. We will need to be diligent. You (our community) will need likewise to be diligent.

Make no mistake. If we don’t join forces and provide compelling evidence for retention of our current zones then our share of those 12,000 homes may well be at risk.

 

Influencing the Accredited Professionals Scheme and Assessment Pathways

While the local government elections proceed and we are in caretaker mode, I am still out there working for you. In particular, I am contributing to Council’s response to the Government’s proposed Accredited Professionals Scheme and Assessment Pathways.

As the Government’s reform package does not wait on Council elections it becomes difficult for elected members to have influence over the debate. That has not stopped me however.

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I am offering opinions in two current planning areas that impact on you.  They are the Accredited Professionals Scheme and Assessment Pathways.

Accredited Professionals Scheme

In my opinion, the Accredited Professionals Scheme is sadly lacking and is fraught with danger. The proposed accreditation appears to be quite liberal.

The level of experience for assessment panel members is surprisingly limited. It flies in the face of the previous ministers’ assertions the involvement of Council elected members. He believed elected members largely had an insufficient skillset. The proposed qualifications however for future panel members would curiously allow elected members easy access to the panel.

Likewise, as a retired building inspector, I am concerned that the Level 4 accreditation for building inspectors requires only 6 months experience. It seems we may be moving to a system which allows what I would consider less competency than now. Surely a backwards step.

Assessment Pathways 

I am pushing that Assessment pathways for any development that has variances to the plan such that they impact on the neighbourhood, even if only “minor” should have a public consultation component to them.

We must continue to fight for this. This is because developments invariably will sit outside the parameters set in a development plan.

Assessment must remain with Council rather than with private certifiers when public notification is a requirement. This is because councils are the only body with the availability of being transparent and accountable.

Private Certifiers will never have the level of accountability that Councils have. Even with the number of elected members sitting on assessment panels reduced to one, accountability is only possible with Councils being responsible.

Two extremes of public notification need to be addressed. I am promoting accordingly.

Obviously larger developments must include public notification and this must extend beyond just the immediate neighbours. Rear of house developments regularly however do not impact on other than the immediate neighbour/s. This includes neighbours who live on the other side of the street and cannot see the development. Those not impacted should not be invited to make representation.

If re-elected, I will remain in a position of working for you and providing local leadership on the Accredited Professionals Scheme and Assessment Pathways and all subsequent planning changes.

 

Written & authorised by Don Palmer, 19 Kelvin Avenue, Clarence Park SA 5034

Heritage Preservation at risk under Government’s State Planning Policies

The current Government is intent on rolling out the planning reforms of the previous Government. Communities need to be aware of the policies and procedures being proposed. They need also to know of a lack of heritage preservation therein.

Renewing Our Heritage Planning

 

Your council, as we have with all the stages thus far, is responding to the current step in the process. This process is establishing a raft of draft State Planning Policies. Following on from my earlier blog post today I have been reviewing the City of Unley’s response to the draft.

I am concerned that the Government, like their predecessors, have little regard for local nuances. There appears to be disappointing lack of regard, importance and comprehensive appreciation for heritage by the State. This notwithstanding heritage preservation is a long-standing and well supported priority by the community.

There appears to me a clear focus that they are looking for a universal, one size fits all strategy.

For instance, the scope of the policies in respect of heritage preservation only refer to ‘use’ of places and indigenous heritage. As a minimum there is a need for policies that support way more than this including but limited to:

  • Confirmation from the State that they support for cultural heritage.
  • Recognition of the importance of conserving built heritage.
  • Recognition of both state and local built heritage ‘places’ and ‘areas’ of value, ie Historic Conservation Zones and Contributory Items.

We (you and I) need to fight for better than this.  A greater weight than appears to be being considered needs to be given to heritage preservation. Good planning policy should not ignore heritage.

I am prepared to provide local leadership. A fight against what appears to be an illogical paradigm that preserving our heritage, whether cultural or built form is contrary to sensitive and diverse future development.

Written & authorised by Don Palmer, 19 Kelvin Avenue, Clarence Park SA 5034

 

Light Tension at Goodwood Oval as Saints Seek More illumination.

Our Council Assessment Panel will feel a light tension this Tuesday night. The Panel meets on that night to adjudicate on a single Development Application.

This application has prompted a not so light tension within the local community. This means it is the only application considered on the night.

Goodwood Oval LightsWith 4 independent members and just one elected member they are appointed under the Development Act to represent Council. They must assess applications based on the Act, the Development Regulations and the City of Unley Development Plan.

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On Tuesday night they must decide whether to accept or refuse a Development Application by the Goodwood Saints Football Club. The club is seeking to extend the hours of use of the lights at Goodwood Oval.

As part of the process of determining the fate of the application they have received no fewer than 150 representations. Around half of these oppose the proposed development, half support. Some of those who have provided a representation will take the opportunity to verbally present to the Panel.

The tension between the Club and nearby residents caused by this application should not deter the Panel from their responsibility under the Act. That said I imagine there will be more than just a light tension in the gallery on Tuesday night.

As they exist courtesy of the Development Act and not the Local Government Act the panel cannot be lobbied. This is unlike when Council considers an issue. Even Council can’t influence them.

When the Panel read representations or hear testimonies they must evaluate them in purely development plan terms. This is enhanced with the influence of elected member diminished to just one of five. This courtesy, of course, of the former Planning Minister John Rau.

The big question is, will they agree with the recommendation of Council’s Planning Department who believe the application is not seriously at variance to the Development Plan.

The proposed Kaufland Development on the LeCornu Anzac Highway site is fundamentally flawed.

The proposed Kaufland Development on the LeCornu Anzac Highway site is fundamentally flawed. As I argued in my other blog today it is seriously at variance to the Development Plan.

I argued it is diametrically the opposite of the vision the State Government and the Council have for this site. A vision for medium density housing.

The Government was quite clear in how it looked to house our population into the future. It was by focusing on increasing residential density in the inner rim council areas. The development plan recognises this. The proposal does not. It recreates the carparking focus of the past.

Car parking at grade is a major component of this development. Because of the focus on this, the proposal is seriously at variance to the development plan.

The development plan views this site as primarily in a residential area. To compliment this, one of the Principles of Development Control in the Unley Development Plan states:

“no” vehicle parking is to be located or made visible from the Anzac Highway or Leader Street frontages, except where parking is required for people with a disability.”

In other words, the development plan recognises that parking at grade is a visual eyesore. Parking at grade (at street level) should not be a major part of a residential zone. With its retail focus, this development contravenes this basic principle.

With a focus therefore on anything but residential this development fails miserably. Because it is a retail only project, it is fundamentally flawed. Therefore, it is seriously at variance to the Development Plan.

The State Commission Assessment Panel must surely recognize the complete failure of the development to meet the fundamental requirement of the Development Plan.

Approval by the SCAP will make a mockery of what the Government and Council have endeavoured to achieve in addressing population growth. Taking a site so suited to medium density residential development and focusing it instead on a mega supermarket is diametrically opposite to the vision and should be refused.

Kaufland, Anzac Highway: Seriously at Variance to Unley Development Plan

The proposed Kaufland development on the old Anzac Highway LeCornu site is, I believe, seriously at variance to the Unley Development Plan.

Kaufland, Anzac HighwayAn initial cursory look at the plans last week had me thinking it was not seriously at variance. This was based on recognising only the built form.

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The height of the proposed structure is only 2 storeys. The set back to Anzac Highway well over the allowable 3m. The set back to Leader Street, where it abuts the adjacent residential zone, is 5m rather than the 2m allowed.

Taking an opportunity this week to check  the development proposed more thoroughly revealed to me differently. Without a doubt, the Kaufland proposal is seriously at variance to the development plan.

The Development Plan stems from the recent Ministerial (Specific Sites) DPA. A plan influenced by Council’s input. Input in keeping with our strategy for all Urban Corridor Development Zones within our Council. Input the Government (as previously reported on this blog site) is now using to correct poor design outcomes in other Council areas.

Here is the crunch.

The proposed development is a fully retail development focusing on a mega supermarket. It has no residential component. This is diametrically the opposite of what the then minister, and Council envisaged for this area.

The first two objectives for what is called Policy Area 24 within the plan are as follows:

Objective 1

A medium Density Residential area” supported” by local shops, offices and community spaces.

Objective 2

A highly varied streetscape allowing “multiple” built form design responses that supports innovative housing and mixed-use development.

 

The desired character for the policy area therefore is (as the plan says) to “primarily’ serve a residential function with support “only” of shops, offices etc. There can be no argument therefore. This development therefore is clearly seriously at variance to the intention of the development plan.

The Development Plan goes even deeper. It includes a minimum density requirement. It calls for a minimum density of 45 dwellings per hectare. The development site is 20,950 m2 in size. This means there should be at least 90 homes/units on this site

This surely is a critical requirement. Without even a single house it can therefore seriously only be viewed as seriously at variance to the plan.

This fundamental flaw in the Kaufland Development creates a major conflict for a residential area. My blog today on carparking demonstrates further that it is  seriously at variance to the development plan and should be refused.

Community Engagement Charter Adopted by new State Government

Not quite a month in office and the new Government, through their Minister for Planning Stephan Knoll, has announced the adoption of the Community Engagement Charter.

Stephan Knoll

 

This is the Community Engagement Charter developed by the previous State Government. Let us hope the new government follows the intent of the Charter.

Many in the community believe the previous Government, while waiving the big stick at Councils, did not practice what they preached. This may well have contributed to their election loss.

The announcement is as follows:

The Minister for Planning has announced the adoption and release of the Community Engagement Charter for implementation commencing on 27 April 2018.

Community engagement is at the heart of the new planning system that will be introduced over the next 3-4 years.  The Community Engagement Charter (the Charter) supports new and innovative ways to talk to communities and other interested parties about planning issues.

The Charter changes the way that local and state governments are required to consult with the community during the preparation of changes to planning strategies and policies (such as rezoning of land).

Rather than legislative one-size-fits-all approach the Charter requires those consulting to tailor the engagement to suit the project and the communities who are interested and may be impacted by the proposed changes.

It recognises that with technological advances there are many options to successfully consult with communities. Local and state governments and other bodies consulting on planning matters will be required to meet the following principles in undertaking engagement.

  1. Engagement is genuine
  2. Engagement is inclusive and respectful
  3. Engagement is fit for purpose
  4. Engagement is informed and transparent
  5. Engagement processes are reviewed and improved

The Charter has been informed by a staged consultation starting with the Planning Together Panel and input by a broader stakeholder group.  The Discussion Draft of the Charter was then released for six weeks of public consultation. Following that the Draft Charter was released for another six weeks of public consultation before final amendments were made. More information on the consultation process can be found on the SA Planning Portal.

It is recognised that the Charter will need to evolve over time.  In its first year, it will primarily be applied to the development of the new State Planning Policies, the Planning and Design Code, and Infrastructure Schemes as required under the new Act.

As the State Planning Commission prepares these documents, it will test the Charter and its application to allow for its ongoing evolution. During this time the Commission welcomes ongoing feedback to assist in monitoring and improving the Charter.

A copy of the Community Engagement Charter can be downloaded from the SA Planning Portal http://www.saplanningportal.sa.gov.au/our_new_system/community_engagement_charter:

Planning Process Pains Perpetuated in Fullarton

A sitting of Unley’s Council Assessment panel last night saw how Planning Process Pains Perpetuate. This was in evidence with the approval of a 2-storey development on the corner of Culross Avenue and Fullarton Road.

Approved Development for Culross Avenue and Fullarton Road.

Neighbouring residents turned up on mass to protest a development proposed for that site. They left disillusioned by the Planning Process.

Several neighbours made verbal representations, backing up their written submissions. Unley MP David Pisoni, likely to be the planning minister in the new Government, also made representation.

The Panel approved the development. They did so because the application because it was not significantly at variance to the development plan. This was much to the dismay of the gallery.

Much of their dismay centred on understanding that development plans are not prescriptive, but a guideline. They felt that a minimum in the plan should be just that, a minimum.

Planning is not an exact science. This can even confuse those in the industry.

Opportunity missed in the Planning Process

Most of their dismay centred however in an arena they had control over a few years back. Last year this section of Fullarton Road was rezoned. The then Planning Minister signed off, as part of the planning process, on a development plan amendment.

Residents had an opportunity some 4 to 5 years ago to make representation at this stage of the planning process. Back then there was a proposal to alter our development plan to contribute to the Governments 30-year plan.

Not many did, unlike those in the west. The people in the west turned up in force to protest the changes. More to the point they were successful.

Back then, Jennie & I doorknocked all affected residents in Black Forest. We did so to ensure they received and understood the advice provided them by Council. We found many had not bothered to check the mail. Many also did not understand the potential impact on their neighbourhood. Our mentoring helped them, obviously with contrasting results to what happened in Fullarton.

Ultimately the DPA was split into two. The east was approved by the minister with the west left to be argued later (indefinitely).

This has resulted in a development approved that may not have been contemplated had the east been as informed and proactive as the west obviously was. One of many to come, one suspects.

Please Minister, Follow Unley’s Lead

As the government tries to take the lead on Planning Reform I implore them to follow Unley’s lead.

 

The Department of Planning, Transport & Infrastructure (DPTI), on behalf of the Minister, wrote to us late last year. They put a proposition to us  to co-operate with them as they push ahead with the Government’s planning agenda.

In attempting to take the lead on planning reform they have asked councils to collaborate with them. They are asking us to sign a formal agreement to work with them. An agreement intended as a living document that will adapt as things evolve and change. An agreement recognising the need for a more “formal” elected member involvement and direction.

I implore them to simply follow Unley’s lead. They have agreed with Unley’s approach to good design but this has yet to occur in other council areas.

This week our City Strategy & Policy Committee will be making a recommendation to Council in response to the Government’s request. I expect the committee (of which I am a member) and indeed council to agree to work with them. To facilitate the efficient and effective development and implementation of the new planning system, the co-operation and contribution of local government is pivotal.

In a spirit of continued co-operation and as an investment in better “local” outcomes, a genuine commitment to involvement is warranted. However, this must work both ways.

They (DPTI) need to recognise our understanding of the local environment. They need to follow Unley’s lead. Furthermore, other councils need to follow Unley’s lead.

We have already, with a series of DPAs, achieved the population accommodation required by the Government’s 30-year plan. We achieved this with selective rezoning. It has been achieved with planning principles for transitioning to adjacent residential zones not achieved anywhere else.

Please Minister, whoever you may be after the upcoming election, follow Unley’s lead.