The Planning and Design Code governs the implementation of the planning, building, design and zoning system for South Australia. It is subject to ongoing strategic reviews and amendments to ensure that planning trends and community issues are balanced, reflecting the desired future character for the area.

Changes to the Planning and Design Code are called Code Amendments. Code Amendments can be prepared by either the Council, State Planning Commission, Government Agency or a land owner.

Code Amendments are notified and released for public consultation in accord with the Community Engagement Charter under the Planning, Development and Infrastructure Act 2016 and a specific Engagement Plan relevant to the Amendment.

After the consultation period finishes, all submissions including those from the public and government agencies are reviewed and addressed in an Engagement Report, including any further necessary policy amendments as considered appropriate.  The proposed Code Amendment is provided to the Planning Commission which makes recommendations to the Minister for Planning. The Minister for Planning then has the opportunity to formally authorise the Code Amendment, make further amendments or not proceed.

A list of Code Amendments initiated, on consultation or being finalised is provided on the PlanSA web-site.

The Charter sets out consultation requirements for proposed amendments to the Planning and Design Code.

The Community Engagement Charter must be used when initiating an amendment to an operational statutory instrument.

The Planning Commission reviews the performance of the Charter and Guide as it tests it in the delivery of the new planning system for South Australia.

This ensures that people and communities have a greater opportunity to “have a say” in developing planning policy for our state.

Public focus groups and ongoing consultation shaped the Charter’s five engagement principles.

Those participating told us that they wanted engagement that is:
* genuine
* inclusive and respectful
* fit for purpose
* informed and transparent
* reviewed and improved.

The State Planning Commission is responsible for reviewing and maintaining the Charter and has the authority to determine whether compliance with the Charter principles have been met prior to decisions being made. Detail on the role of the Community Engagement Charter and how it is applied is listed at the Plan SA site below.

Community engagement charter | PlanSA

Proponent Led Code Amendments
Under a proponent-led Code Amendment the responsibility for communications with the community is with the Designated Entity and its officers, usually consultants.

The proponent is required to undertake an Engagement Plan. The proponent usually must seek approval from the Commission prior to commencement of community engagement on the draft Code Amendment.

Six steps for a Code Amendment

Bold text denotes where Council can participate in a proponent led Code Amendment

Evanston Park Code Amendment  - Declined by the Minister for Planning

The Minister for Planning, Hon Nick Champion declined the Code Amendment at 550 Main North Road, Evanston Park (8/1/2024).

The amendment sought to rezone land in Evanston Park at 550 Main North Road from a Residential Zone to an Employment Zone to provide for a bulky goods facility.

The Minister expressed concerns about the lack of community support during the public engagement stage. Community engagement was undertake by the designated entity and was compliant with the community engagement charter as required under the Planning Development and Infrastructure Act 2016. In addition , Council undertook its own community engagement which was provided to the Minister.

The Minister emphasised that, on balance, the community objections received during the community engagement stage outweighed the planning merits of the proposed amendment. This decision reflects the commitment to ensuring that the voice of the community is considered in the planning process.

The announcement also highlighted the evolving stance of the Town of Gawler throughout the process. Council initially expressing a general level of support for the code amendment in 2022, subject to additional investigations, Council later changed its position to object to the proposal also based on the outcomes of community engagement.

For more information on the decision by the Minister for Planning to decline this code amendment please go to: Declined | PlanSA

A copy of the Minister for Planning’s letter to decline the code amendment can be seen here:

View Letter

Adoption Of Hillier Park Code Amendment

The Minister for Planning, Hon Nick Champion adopted the Hillier Park Code Amendment (8/1/2024).

The proposal will rezone 23 hectares of land at 52 and 66 Hillier Road, Hillier from the Rural Zone to a Residential Park Zone.

The adjacent residential park was reaching capacity and experiencing ongoing demand for over 50s residential living.

The Hillier Park Code Amendment has been adopted and will proceed to support the growing and ageing population and demand for affordable housing in the region.

Negotiations will continue between the Town of Gawler and the Designated Entity to ensure footpaths; a pedestrian crossing and other infrastructure is provided. In particular, Council has sought the development of a stormwater strategy for the site. While this has not been approved as part of the Code Amendment the Minister has encouraged that these negotiations continue. The resolution of these issues will continue through a planning application under the Planning and Design Code.

The Code Amendment is seen as a strategic move to provide additional zoned land that aligns with the existing and emerging services in the region. The adoption of the Hillier Park Code Amendment represents a positive step to meet diverse housing needs of the community including affordable housing and housing for older people.

For more information on the decision by the Minister for Planning’s decision to adopt the Hillier Park Code Amendment please go to: Finalised | PlanSA

Approval Letter

Adopted Amendment