Planning Reforms
Published on 20 November 2019
Community Information Sessions
Council hosted four Community Information Sessions featuring a focus on heritage and development intensity. To read the presentation, visit engage.burnside, or you can watch it. Follow the link in 'Related Information' to the right of the page.
Example Submission Letters on draft Code
In response to requests from our residents, Council has provided some example submission letters for each of our 6 Council Wards and a more generic letter for the whole Council (see Document Library to the right).
Please note that DPTI have advised that all submissions received will be made publicly available on the SA Planning Portal following the close of consultation.
To download these letters, visit engage.burnside
What is happening?
New planning reforms will change the way development applications are lodged and assessed. This new system forms the rules that will govern all future development.
In 2016 Parliament passed the Planning, Development and Infrastructure Act 2016 (PDI Act) to implement a new planning system. The PDI Act will replace the current planning system under the Development Act 1993.
The PDI Act requires the development of a new Planning and Design Code (the Code).
This new legislation introduces the biggest changes to the South Australian Planning System in 25 years and will affect how development policy is formed and amended and how development applications are lodged, assessed, approved and publicly notified in the future. It will include changes to which types of development will trigger notification to neighbouring property owners, residents and other community members, and when they have legal appeal rights.
The new planning system will also introduce a 24/7 digital ePlanning system for planning information and lodging and assessment of development applications.
Most importantly, the new Code will become the State's single planning rule book for assessing all development applications, removing the existing Council specific Development Plans. This means that Council’s current Development Plan will be revoked in September 2020, at which time current zoning will be replaced with a single state-wide planning and design code.
What does this mean for Burnside?
While the State Government has indicated that the intent of the new draft code is similar, it is not identical, to what Burnside currently has in place.
Under the draft Code, you may start to see increased subdivisions, tree removals, traffic, parking congestion and larger buildings.
The Planning and Design Code may affect many things including changes to which types of development will trigger notification to neighbours, local residents and other community members and when they have legal appeal rights. It may also have sweeping impacts on the look and feel of our suburbs. Our residents recently told us that what they value most about Burnside is greenery and trees and that it’s a nice, quiet and safe city with parks, gardens and upmarket homes. This is part of what can be defined as ‘Burnside’s character’ – the built heritage, residential character, thousands of street and private trees, lower density housing and less than two storey premises in almost all commercial areas. This ‘character’ has seen Burnside become one of the most sought after places to buy property, and consequently current property values reflect this. Changes being proposed in the draft new Planning and Design Code may alter our City’s character. Council is still working with the relevant parties to understand the full ramifications of the proposed new Code. The following are some of the concerns that Council has to date regarding the draft Code:
• DENSITY In some suburbs allows increased housing density and the intensity of development. The minimum residential allotment size will be reduced in some areas which may allow more subdivisions.
• BOUNDARY SETBACKS Allows the upper level of two storey buildings to be closer to side and rear boundaries than is currently allowed in our residential areas. This may impact amenity and privacy.
• PRIVACY The privacy screening height regulations will be reduced in most areas, increasing the potential for over-looking.
• NON-RESIDENTIAL LAND USES A range of non-residential uses such as shops, offices, educational facilities and stand-alone consulting rooms will be possible within our residential streets, potentially increasing traffic, parking congestion, noise and afterhours activities.
• YOUR SAY Removes your right to have a say on many types of development. You may no longer be notified, with no right of appeal, if your neighbour builds a two storey house, or increases the number of dwellings on their site, or wants to change their land use.
• TREE CANOPY May result in the loss of trees on both public and private land as the level of protection for regulated trees changes and the uptake of new development increases.
• RETAIL & COMMERCIAL Places large scale retail and commercial centres in the same zone as small local shops, allowing large scale development and more intensive land uses in these areas.
• CHARACTER Removes the 29 specific residential policy areas that highlight the differences in local character of each suburb in our City, and condenses them into just three residential zones across the Council. This may mean a change in the types of new buildings or renovations that can be built in your street or right next to you.
• HERITAGE Introduces subjectivity and potential inconsistency into the process for heritage protection in our City. This is discussed in further detail below.
Why do Heritage Conservation Zones matter in Burnside?
Historic Conservation Zones (HCZ) are geographic areas identified in Council Development Plans. They are areas that have valued historic buildings with particular historic character and are sought-after areas to buy residential property. In the City of Burnside, Contributory Items are those buildings within our existing HCZ, which were constructed during the era of original subdivision of these historic areas. Every Contributory Item is of significant historic value to the story and history of that area, irrespective of whether it is a grand mansion or a simple bungalow. Removal of these buildings would result in the loss of our City’s valued heritage and will significantly change the character and value of an area.
Less protection for heritage could change the look and feel of those suburbs such as Rose Park, Eastwood and Toorak Gardens, removing our history and potentially reducing the value of properties in these areas. Heritage protection is commonly misunderstood. Council often answer questions about buying and owning a home in a Historic Conservation Zone.
Will living in a heritage area mean that I can’t renovate or modernise my property?
Historic properties which are identified as contributing to the historic area can still undergo change or be substantially renovated and extended. Although the front elements and original roof form facing the street are to be retained, significant alterations, additions and modernisations can be made internally and towards the rear of the house. Burnside’s heritage areas have many examples of properties which have dramatically modernised interiors and/or large new rear additions. Will heritage protection devalue my property? Property values in Burnside’s Historic Conservation Zone traditionally perform well. The heritage protection policy has provided certainty and assurance for people that the historic buildings will be preserved. This is important when people are making a significant investment on a property and are looking for certainty that the attractive and historic area within which they bought will be retained.
Will repairs cost more for heritage properties?
The cost to repair an element of a heritage listed property should be no higher than an unlisted property of the same style and materials. The cost of labour and materials to repair these should be the same for both properties, eg repairing a damaged window or wall, or reroofing in the same materials to match the original.
Will home insurance cost more for heritage properties?
The cost to insure a heritage listed property should be no higher than an unlisted home of the same style and construction. For example, if a claim was made to restore a damaged window or wall on identical listed and unlisted properties, the cost of labour and materials to repair these would be the same for both properties. If the two properties were completely destroyed by fire, there is no requirement to rebuild a reproduction of the original building, and the claims would simply be for the sum insured.
Removal of these buildings will result in the loss of our City’s valued heritage and will significantly change the character of an area and thus potentially threaten property values. Less protection for heritage could change the look and feel of those suburbs such as Rose Park, Eastwood and Toorak Gardens, removing our history and potentially reducing the value of properties in these areas. And this is no different in suburbs that do not have heritage protection. The proposed new planning system could change our City’s landscape and the cost being the residential character of your street or suburb, potentially affecting your general sense of community as well as the bottom line of property values.
How is Council responding to proposed changes to our existing HCZ?
Council is requesting that the Code provides the same level of heritage protection that we currently enjoy in our valued historic areas.
Council has submitted a Statement of Intent to the Minister for Planning, the Hon. Stephan Knoll, to translate our current Heritage Conservation Zone policy area into nine ‘Local Heritage Places’ through a Development Amendment Process. This approach will better recognise and protect the important value that these heritage places have for our community. For more details on this action read the Council Report(PDF, 8MB)
Have Your Say
The proposed new planning system could change our City’s landscape and impact the residential character of your street or suburb, potentially affecting your general sense of community as well as the bottom line of property values.
Council will continue to request that the State Government to protects our residential character, built heritage and trees.
Everyone in South Australia is being encouraged to comment on this draft Code.
The State Planning Commission is seeking community feedback on the new Code via a submission process at SA Planning Portal