From time to time, the Government of South Australia makes planning regulation changes that are crucial to ensuring South Australia’s development industry continues to operate without delays to projects. All regulations changes are approved by Cabinet and published in the Government Gazette. Some recent regulation changes include:
New planning rules ensuring ‘granny flats’ can be rented to anyone and refining criteria to fast-track approvals for new homes in master-planned areas are now in effect.
Amended regulations now ensure all existing ancillary accommodation can be leased or rented out, potentially bringing hundreds of new homes to the rental market.
These changes mean it is no longer an offence to enter into an agreement to rent a granny flat with anyone, even if development approval limits use or restricts occupation to family of the main home’s residents.
This important change has been made given the housing accessibility and affordability issues within the State.
Following feedback received from stakeholders, the following important changes have also been made to the accepted development criteria for dwellings in Master Planned Zones:
- Exclude the accepted development pathway from applying where a building envelope plan exists over the site.
- Exclude the accepted development pathway from applying to State Heritage Areas, State Heritage Places and Local Heritage Places.
- Only allow the accepted development pathway to apply to existing allotments.
- Amend the existing primary street setback requirements from 3 metres to 5 metres to be in line with the Deemed-to-Satisfy (DTS) requirements in the Master Planned Township Zone.
- Include the following new criteria:
- Finished floor level must be 300 millimetres above highest point of kerb of primary street in in the Hazards (Flooding) Overlay, Hazards (Flooding – Evidence Required) Overlay and the Hazards (Flooding – General) Overlay.
- Requirements for side setbacks in line with the DTS requirements of the Master Planned Neighbourhood Zone.
- Requirement for a living room window to face street frontage or open space.
- Dimensions for covered and uncovered carparking spaces.
- Setback for garages and carports to allow for two carparking spaces (including limitations on garage door width).
- Restrictions on driveway width where site has a frontage of 10 metres or less.
- Requirements for location of new driveway crossovers.
These changes have been made to ensure better long-term design outcomes for residents of Master Planned Zone communities and to ensure appropriate protection from any future potential flooding.
Further information
The South Australian Government has amended development regulations to fast-track approvals for new homes in key areas, helping boost housing supply for South Australians.
Amendments to the Planning, Development and Infrastructure (General) Regulations 2017 mean detached dwellings in greenfield Master Planned Neighbourhood and Master Planned Township zones are now ‘accepted development’ (planning consent not required).
Changes to Schedule 6A – Accepted Development of the regulations set out minimum planning requirements for assessment under the fast-track approval pathway, including:
- minimum allotment sizes
- building setbacks
- maximum building heights.
These aspects are easily assessable by a building certifier, allowing these basic planning matters to be considered at the building consent stage.
This is similar to the approach taken for development under the previous Federal Government Homebuilder Scheme.
The regulation changes effectively replicate that program, applying it to residential development in key master planned growth areas.
While these changes will remove the need for planning consent for new homes in growth areas, they will not apply in established suburbs, as a greater level of design is required to fit a new house into an existing streetscape.
There have been no changes to the building consent process.
Further information
The state government has amended development regulations to help fast-track the construction of temporary, emergency accommodation for displaced and flood affected communities in the Riverland.
The amendments to the Planning, Development and Infrastructure (General) Regulations 2017, mean that the construction of temporary accommodation, and certain types of storage facilities, can commence without needing prior development approval – a process which can sometimes take weeks.
In place of prior development approval, the amendments require the local council is notified of construction immediately, and that an application for development approval is lodged within 28 days, although this timeframe can be extended by the council as needed.
Development for temporary accommodation in these areas will be classified as ‘accepted development’, meaning it will only require building consent to confirm that the accommodation is safe, and meets basic standards in relations to power, water and sewage connections.
People displaced from their homes who are looking to establish temporary accommodation should contact their local council for further details.
The amended development regulations will apply in the following local council areas:
- Alexandrina Council
- The Berri Barmera Council
- The Coorong District Council
- The District Council of Karoonda East Murray
- District Council of Loxton Waikerie
- Mid Murray Council
- Rural City of Murray Bridge
- Renmark Paringa Council
Further information
Riverland councils preparing for impending flooding on the banks of the Murray River, no longer require development approval to construct temporary levee banks and mounds, following changes to Planning Regulations published in the Government Gazette on Thursday, 24 November 2022.
This change to the Planning, Development and Infrastructure (General) Regulations 2017 provides councils with regulatory certainty to begin emergency construction works to protect infrastructure and properties from flooding.
Development approval is not required for these works when they are undertaken by, or on behalf of councils.
Where a council determines that they want a temporary levee bank or mound to remain permanently, they will need to apply for development approval in the future.
Under existing regulations, private landowners can also construct flood levees on private property, if it is urgently required to protect people or buildings.
Property owners need to notify the council of the work when it’s undertaken and then apply for development approval within 28 days.
Sandbagging of individual properties does not require development approval.
Further information
Accommodation for seasonal workers and workers involved in the provision of essential infrastructure projects (as defined under section 3 of the Planning, Development and Infrastructure Act 2016) may be fast-tracked in 11 regional South Australian sites following changes to planning regulations published in the Government Gazette on Wednesday, 15 February 2023.
The regulations remove the requirement to obtain planning consent in specified locations (building consent and final development approval must still be obtained), thereby allowing temporary accommodation to be established much more quickly.
The new amendment will be applied in key locations across regional SA where major infrastructure projects are being undertaken. It may also be applied to areas impacted by natural disasters – such as the recent flooding in the Riverland – where there is a need to quickly accommodate tradespeople assisting communities to rebuild.
This amendment ensures that accommodation for temporary workers can be constructed quickly and easily as needed – and in a way which won’t impact or put needless housing pressure on our regional towns and communities.
It expands on the original amendment approved last year which enables accommodation for seasonal workers to be fast-tracked in designated areas.
The locations will be considered and determined by the Minister for Planning on a case-by-case basis and listed on the PlanSA portal once confirmed.
Sites at the following locations have been confirmed so far:
- Rudall
- Pinnaroo
- Witera
- Port Giles
- Kimba
- Wolseley
- Bowmans
- Snowtown
- Darke Peake
- Burra – Hall Terrace
- Burra – Pistol Club Road
- Whyalla - Cartledge Avenue and Jenkins Avenue
Should other industries or sectors require workers’ accommodation to be established quickly, they may write to the Minister for Planning requesting further kinds of work and/or sites be designated.
Further information
Greater procedural and investment certainty for ‘value adding development’ in rural and peri-urban areas of South Australia has been created through variations to the Development Regulations 2008.
These changes will facilitate development or change of use to a shop, tourist accommodation or food and beverage production industries within a General Farming, Primary Industry, Primary Production and Rural zone.
The Regulation variations made by the State Government endeavour to address current planning policies for ‘rural value adding’ that are inconsistent, outdated and impede economic growth in regional areas, creating significant barriers for investment.
The new Development (Schedule 9) Variation Regulations (PDF, 22 KB) will support ‘value adding’ development and allow greater diversification of activities in rural areas of South Australia by:
- establishing new policy conditions which support ‘value adding’ and related agri-business investment and development in rural areas
- removing barriers to innovation and efficiency, supporting investment and facilitating diversification of activities on rural land
- improving land use definition, including for tourist accommodation, to provide for more certain and consistent development assessment processes
- providing a range of policies to assist in addressing rural interface issues between sensitive and non-sensitive land uses.
The amendments to the Regulations reflect the policy reforms proposed for ‘value adding’ in the Planning and Design Code which is due to be implemented in rural areas in July.
By bringing these changes forward, an appropriate assessment pathway and greater investment certainty is provided now, particularly for ‘value adding’ proposals already in the pipeline.
Greater diversification of activities on rural land will also help to create jobs for South Australians living in our regional towns and help stimulate the economy as we deal with and recover from the impacts of COVID-19.
