Frequently Asked Questions
FAQ
FAQ
- How can I give feedback on the Code Amendment?
There are several ways in which you can provide feedback on the Code Amendment. This includes:
- Completing an online survey via the council’s Yoursay page
- Completing a feedback form via the Plan SA portal
- Providing a written submission by post to:
Local Heritage Code Amendment
City of Onkaparinga
PO Box 1 Noarlunga Centre SA 5168
- Booking a one-on-one meeting to discuss the proposal by contacting: developmentpolicy@onkaparinga.sa.gov.au
- What will happen to my feedback?
The City of Onkaparinga is committed to undertaking consultation in accordance with the principles of the Community Engagement Charter and is genuinely open to considering the issues raised by people in the community.
All formal submissions will be considered by the City of Onkaparinga when determining whether the proposed Amendment is suitable and whether any changes should be made.
Each submission will be entered into a register and you will receive an email acknowledging receipt of your submission. Your submission will be shared with Plan SA and published on the PlanSA portal. Personal addresses, email and phone numbers will not be published; however company details will be.
The City of Onkaparinga will consider the feedback received in finalising the Code Amendment and will prepare an Engagement Report which will outline what was heard during consultation and how the proposed Code Amendment was changed in response to submissions. The Engagement Report will be forwarded to the Minister, and then published on the PlanSA portal.
Closing the loop of stakeholder engagement will comprise the following activities:
- Letter/email to those involved in the engagement communicating about final Code Amendment and engagement summary report following conclusion of engagement.
- Updates to the Your Say Onkaparinga project page.
- Website updates (SA Planning Portal) providing final Code Amendment and engagement summary report following conclusion of engagement.
- What changes to the Code Amendment can my feedback influence?
Aspects of the project which stakeholders and the community can influence are:
- the local heritage listing of places specified in the Code Amendment
- amendments to the existing local heritage listed places
- potential de-listing specified in the Code Amendment.
Aspects of the project which stakeholders and the community cannot influence are:
- the policy content that applies for the Local Heritage Place Overlay and Heritage Adjacency Overlay
- the state heritage list
- the process of listing and de-listing of local heritage properties and timeframes, as these processes are prescribed by state government legislation.
- How is a decision made on the Code Amendment?
Once the Engagement Report is provided to the Minister, the Commission may provide further advice to the Minister: at the Minister’s request, if the Code Amendment is considered significant.
The Minister will then either adopt the Code Amendment (with or without changes) or determine that the Code Amendment should not proceed. The Minister’s decision will then be published on the Plan SA portal.
If adopted, the Code Amendment will be referred to the Environment Resources and Development Committee of Parliament (ERDC) for their review. The Commission will also provide the Committee with a report on the Code Amendment, including the engagement undertaken on the Code Amendment and its compliance with the Community Engagement Charter.
- What is the Planning and Design Code?
The Planning and Design Code (the Code) sets out the rules that determine what landowners can do on their land. For instance, if you want to build a house, the Code rules will tell you how high you can build and how far back from the front of your land your house will need to be positioned. The Code will also tell you if any additional rules apply to the area where your land is located. For example, you might be in a high bushfire risk area or an area with specific rules about protecting native vegetation.
Planning and Design Code Framework
The Code is based on a framework that contains various elements called overlays, zones, sub zones and general development policies. Together these elements provide all the rules that apply to a particular parcel of land. An outline of the Code Framework is available on the Plan SA portal.
Overlays
Overlays contain policies and maps that show the location and extent of special land features or sensitivities, such as heritage places or areas of high bushfire risk. They may apply across one or more zones. Overlays are intended to be applied in conjunction with the relevant zone.
However, where policy in a zone conflicts with the policy in an overlay, the overlay policy trumps the zone policy.
Zones
Zones are areas that share common land uses and in which specific types of development are permitted. Zones are the main element of the Code and will be applied consistently across the state. For example, a township zone for Andamooka can be expected to apply to similar townships like Carrieton. Each zone includes information (called classification tables) that describes the types of development that are permitted in that zone and how they will be assessed.
Sub zones
Sub zones enable variation to policy within a zone, which may reflect local characteristics. An example is Port Adelaide centre, which has many different characteristics to typical shopping centres due to its maritime activities and uses.
General Development Policies
General development policies outline functional requirements for development, such as the need for car parking or wastewater management. While zones determine what development can occur in an area, general development policies provide guidance on how development should occur.
- How are changes made to the Planning and Design Code?
The Planning, Development and Infrastructure Act 2016 (the Act) provides the legislative framework for undertaking amendments to the Code. With approval of the Minister for Planning (the Minister), a Council, Joint Planning Board, Government Agency or private proponent may initiate an amendment to the Code and undertake a Code Amendment process.
An approved Proposal to Initiate will define the scope of the Amendment and prescribe the investigations which must occur to enable an assessment of whether the Code Amendment should take place and in what form.
The State Planning Commission (the Commission) is responsible under the Act for ensuring the Code is maintained, reflects contemporary values relevant to planning, and readily responds to emerging trends and issues. The Commission provided independent advice to the Minister for Planning and Local Government on the Proposal to initiate this Code Amendment.
The Commission will also provide a report on the Code Amendment (including compliance with the Community Engagement Charter) at the final stage of the Code Amendment process.