notice of meeting - city of charles · pdf filenotice of meeting . ... 3.30 presentation -...

NOTICE OF MEETING

To All Members of City Services Committee

Councillor Alexandrides – Presiding Member Councillor Wood – Deputy Presiding Member Her Worship the Mayor, Angela Evans (ex officio) Councillor Harley Councillor Tullio Councillor Sykes Councillor B Wasylenko Councillor Thomas

I wish to advise that a meeting of City Services Committee will be held in the:

Room CC1 72 Woodville Road, Woodville

commencing at 7.00 pm on Monday, 20 June 2016.

BRUCE WILLIAMS GENERAL MANAGER CITY SERVICES Dated 15 June 2016 Please advise Brooke Connor if you are unable to attend this meeting or will be late. Telephone 8408 1210. We acknowledge that the land we meet on today is the traditional land of the Kaurna people. We respect their spiritual relationship with this land. We also acknowledge the Kaurna people as traditional custodians of the Kaurna land. We will endeavour, as Council, to act in a way that respects Kaurna heritage and the cultural beliefs of the Kaurna people.

City of Charles Sturt 1. CiS Agenda 20/06/16

AGENDA

1. COMMITTEE OPENING 1.1 Apologies for absence. 2. CONFIRMATION OF MINUTES Confirmation of the minutes of the previous meeting held on Monday, 16 May

2016. 3. BUSINESS Page No. (i) Items to be starred. (ii) All unstarred items to be adopted.

“That having read and considered the reports in the agenda related to items (list the number of each item and its title) adopt the recommendations as printed.”

3.30 PRESENTATION - DEMENTIA FRIENDLY COMMUNITIES (B8874) 1

Brief

The purpose of this report is to inform Council of the Dementia Friendly Communities Project and to outline the benefits of creating a more inclusive, dementia friendly society which will support an inclusive and easier to navigate environment for all residents.

3.31 PROPOSED CHANGES TO THE YOUNG CHANGE MAKERS PROGRAM (B7270) 8

Brief

To consider amendments to the Young Change Makers Program.

3.32 PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016 – IMPLEMENTATION UPDATE (B8083) 13

Brief

The Planning, Development and Infrastructure Act 2016, was passed by Parliament in April 2016. A report was presented to the Committee outlining the key amendments that had been made during parliamentary debate.

This report provides the Committee with an update from the Minister for Planning on the implementation of the Act.


3.33 STATE GOVERNMENT POSITION PAPER - FOOD TRUCKS IN SOUTH AUSTRALIA (B2276) 18

Brief

Following consultation between November 2015 and January 2016, the State Government has released a position paper detailing a plan to support existing food truck operators and encourage new operators through a range of proposed actions aimed at reducing ‘red tape’.

The position paper sets out the action the State Government intends to undertake to support food truck operators through proposals including simpler regulation, more places to trade, a better approach to food safety inspections and food business notifications.

The aim is to support food truck ventures and ensure that entrepreneurial activity is not handicapped by unnecessarily complex and changing regulations.

This is in line with one of the State Governments Economic Priorities – to make Adelaide the heart of a vibrant State and to make South Australia the best place to do business. It also aligns to Council’s Place Making Framework to create vibrant public places though economic activity and community life.

Feedback has been requested through the yoursay.gov.au website by 5pm 30 June 2016. Staff have prepared a draft feedback paper for consideration by Council to be submitted.

3.34 BOLLARD FUNDING APPLICATION – LADY DALY HOTEL – 126 PORT ROAD, HINDMARSH (B1361) 25

Brief

The Urban Projects Business Unit administers a number of funding streams to promote place making in the City of Charles Sturt but especially in the three designated places. The Outdoor Dining Bollards Grant (ODBG) was devised to assist businesses that wished to apply for new or expand existing outdoor dining areas where it has been identified that energy absorbing bollards (EABs) are required. The purpose of this report is to advise Council of an approach made by the property owner of 126 Port Road, Hindmarsh for funding for EABs for the property’s outdoor dining area. The application is considered worthy of support as it is consistent with the relevant funding guidelines and located in a priority place making area.


3.35 OUTDOOR DINING BOLLARD GRANT – THE CHARMINAR RESTAURANT – ONE HENLEY BEACH ROAD, HENLEY BEACH SOUTH (B6487) 33

Brief

The property owner of 1 Henley Beach Road, Henley South has proposed to fund the design and construction of a new outdoor dining area for Charminar Restaurant. The owner, at their cost is proposing to build the area during the current upgrade works on Henley Beach Road. It has been identified that energy absorbing bollards (EABs) will be required for Council to approve and therefore enable outdoor dining in this location. Council’s outdoor dining bollards grant (ODBG) assists businesses with funding for bollards where it has been identified that energy absorbing bollards are required. It is proposed that some of this funding is allocated for EABs in this location to enable outdoor dining to occur.

3.36 HERITAGE CONSERVATION GRANT APPLICATION – 32-34 ELIZABETH STREET,

CROYDON (B5015) 39

Brief

The purpose of this report is to advise Council of a current Heritage Conservation Grant Application for consideration.

4. MOTIONS ON NOTICE Nil 5. QUESTIONS ON NOTICE Nil 6. MOTIONS WITHOUT NOTICE 7. QUESTIONS WITHOUT NOTICE 8. BUSINESS – PART II – CONFIDENTIAL ITEMS 9. MEETING CLOSURE

City of Charles Sturt 1. CiS Report 20/06/16

TO: City Services FROM: Team Leader Community Care DATE: 20 June 2016

3.30 PRESENTATION - DEMENTIA FRIENDLY COMMUNITIES (B8874)

Brief

The purpose of this report is to inform Council of the Dementia Friendly Communities Project and to outline the benefits of creating a more inclusive, dementia friendly society which will support an inclusive and easier to navigate environment for all residents.

Recommendation

1. That the report be received and noted 2. That the Council commits to becoming a dementia friendly organisation by

signing the Statement of Commitment. (Appendix B). 3. That the Dementia Friendly Action Plan be developed as part of the revised

Ageing in Charles Sturt Strategy. 4. That Julie Clifford be thanked for her presentation.

Status This report relates to or impacts upon the following Community Plan Outcomes: Community Wellbeing • Create a safe, healthy and supportive community which encourages participation,

creativity and diversity - Provide welcoming and accessible community facilities that offer diverse

opportunities for community members to engage in cultural, recreational, sporting and lifelong opportunities

- Collaborate with the community to provide services, programs and initiatives that create a socially connected community

- Encourage and support a healthy, safe and welcoming community - Create opportunities for all ages to participate in community life


PRESENTATION - DEMENTIA FRIENDLY COMMUNITIES Item 3.30 Continued Liveability and Place • Build healthy, functional and attractive neighbourhoods - Build partnerships with other levels of government together with the housing

industry to provide an appropriate range of housing - Utilise place making strategies to promote main streets and enhance

community lifestyle - Create public spaces that add interest and vibrancy for residents and visitors to

our city - Create and maintain an integrated, attractive and safe transport network that

emphasises and focuses on pedestrians and cyclists - Advocate for a connected, safe and well maintained major road network and

public transport system - Increase open space and seek opportunities for shared use to respond to the

recreational and sporting needs of the community - Create quality adaptable and integrated open space - Ensure that community facilities are developed and well maintained on an

equitable basis Leadership • Demonstrate effective leadership with strong community collaboration - Build a strong team between Elected Members and staff working together on

behalf of the community - Implement innovative techniques to facilitate opportunities for listening to the

community, engagement and communications - Influence other levels of government on behalf of the wider Charles Sturt

community - Make decisions based on evidence, broad views and the aspirations of our

diverse communities - Communicate what we are doing, how we will measure success and how we

will report this to the community - Strive for business excellence through continuous improvement and creativity Relevant Council policies are: • Ageing in Charles Sturt Background City of Charles Sturt has since 2014 been represented as participants of the Dementia Friendly Advisory Group through invitation by Alzheimer’s Australia SA. Further to this involvement in December 2014 a staff session was held at Council and 30 staff attended an information session and also were fortunate enough to hear from a person living with Dementia who shared their story and highlighted the important contribution Local Government can make in creating a Dementia Friendly community that benefits all.


PRESENTATION - DEMENTIA FRIENDLY COMMUNITIES Item 3.30 Continued Alzheimer’s Australia SA Inc. has recently developed and released a White Paper on Dementia Friendly Communities. Council received this publication in November 2015 along with an invitation to sign the Statement of Commitment and actively strive towards Charles Sturt becoming a Dementia Friendly Community. Julie Clifford Educator, Education & Training | Alzheimer's Australia SA will be providing a brief presentation outlining the opportunities for the community and Council. Report Sources Used Dementia Friendly Communities, Alzheimer’s Australia-White Paper September 2015 Commonwealth of Australia (2015), ’Intergenerational Report 2015’. (Appendix A). 29,000 South Australians live with dementia. The cost of dementia is high, significantly impacting on people’s personal and financial lives. It is estimated that a total of 80,000 South Australians will be living with dementia by 2050 if there is no medical breakthrough. As City of Charles Sturt has an ageing population percentage higher than the Greater Adelaide percentage it is expected that we will see a greater number of persons living with dementia in our community. Considering the statistics that 1 in 10 persons aged 65 years and over and 3 in 10 persons aged 85 years and over have dementia it is considered that the City of Charles Sturt has approximately 3,222 persons at present living with Dementia. A study in culturally and linguistically diverse (CALD) communities found that within those communities stigma associated with dementia, or lack of understanding about dementia, resulted in people being marginalised and isolated from their own communities and sometimes even from family members. At the state level, Alzheimer’s Australia SA research has shown that there is significant activity across the state in the development and maintenance of programs for people with dementia and their families and carers. This includes the development of regional health dementia plans and the SA Health Plan for People with Dementia (and Delirium) 2014-2018. In the context of Australia’s ageing population and growth in life expectancy the 2015 Intergenerational Report highlights the economic impact of an ageing population and the need for progressive changes to meet the demographic shift and improve the quality of life not only for people living with dementia but also their carers, family , friends and broader support networks. The benefit to the wider community and the development of easy to navigate environments which are welcoming will improve access to services, to businesses and will boost tourism. As older people age in place and the new wave of ‘Baby Boomers’ emerge there is an opportunity to establish regions that support inclusive participation and welcome older domestic visitors by actively promoting a dementia friendly community status.


PRESENTATION - DEMENTIA FRIENDLY COMMUNITIES Item 3.30 Continued Charles Sturt has previously participated in the Age Friendly Environments and Communities and more recently an Age Friendly Business pilot which have focused on creating environments that are welcoming and accessible to all to support our most vulnerable residents. This has been further supported with the establishment of a Place Making team and the promotion of Social Inclusion. This commitment will enable these principles to be better embedded in our daily work practices and will show Charles Sturt as a leader in this space. Council’s signed commitment and the development of a Dementia-friendly Action Plan with support from the Alzheimer’s Australia SA will further support this. The City of Holdfast Bay has already committed to working with their local community, supporting education through the facilitation of community conversations. Their efforts have been referenced in the White Paper. Their action plan included staff training and discussion with their planners and library staff to support the provision of Dementia friendly resources and accessible spaces. Other involvement undertaken by the City of Holdfast Bay includes: • Participation in the stakeholder reference group that was held in the council area; • A Hidden Places, Hidden Lives, Hidden Memories exhibition at the Bay Discovery

Centre; • Advertising dementia forums run by Alzheimer’s Australia SA on their behalf on their

website and information included in newsletters and Messenger Press; • Supporting the Dementia Awareness Day campaign held in September through

promotion of the event; and • Supporting the Memory Walk to be held in March 2016 at Colley Reserve with a

corporate team entry. These types of commitments are easily achievable and not only are Local Governments seen as responsible for the delivery of many services but they are well connected to their local community and could be seen as a leader supporting partnerships across a wide range of community groups. Universities have been valuable partners in the development of the dementia-friendly communities, establishing metrics, evaluation and also research expertise supporting the demonstration of tangible benefits. The benefits in becoming a dementia-friendly council will see positive support to people living with dementia and their networks and communities, support economic benefit to local business and tourism and also will benefit the wider state health budget and acute care system, future Commonwealth expenditure through supporting persons to live sustainably within their communities for as long as possible.


PRESENTATION - DEMENTIA FRIENDLY COMMUNITIES Item 3.30 Continued Financial and Resource Implications In considering the recommendation and approving Councils commitment through the development of an Action Plan there would be minimal financial or resource implications and would be managed through existing approved budgets and staff positions. Customer Service and Community Implications There would be positive community impact through Council being a leader in this project. Environmental Implications There are no environmental implications. Community Engagement/Consultation (including with community, Council members and staff) Whilst in future when considering the implications and developing an Action Plan with Alzheimer’s Australia SA there may be need to engage with Community, Council Members and staff at the present time there is no requirement for community engagement or consultation. Risk Management/Legislative Implications There are no risk management or legislative implications. Conclusion The City of Charles Sturt through the Mayor Angela Evans has received a letter outlining the opportunity to work towards being a Dementia-friendly Community. The release of the White Paper outlines the benefits to the community and it is a project that can be supported across all business units as an individual Action Plan is created to meet the unique requirements of our community. It is recommended that the report be received and that the Council through the signing of the commitment initiate a conversation with and access the guidance and expertise of Alzheimer’s Australia SA. Appendices

Appendix Title of Document No. of Pages TRIM Ref Appendix

A Dementia Friendly Communities – White Paper June 2015

15

Appendix B

Dementia Friendly Organisations – Statement of Commitment

1


PRESENTATION - DEMENTIA FRIENDLY COMMUNITIES Item 3.30 APPENDIX A

Appendix A consists of 15 pages.

DEMENTIA-FRIENDLY COMMUNITIES

ALzhEIMER’S AUSTRALIAWhITE PAPER SEPTEMBER 2015

© Alzheimer’s Austalia Vic 2015ISBN 978-1-921570-53-7

People with younger onset dementia, which can cause vision impairment, walking in Jells Park as part of a partnership between Alzheimer’s Australia Vic, Parks Victoria and Blind Sports Victoria.

Dementia-Friendly Communities 3

CONTENTS

1 FOREWORD 4

2 ExECUTIvE SUMMARY 5

3 WhAT ARE DEMENTIA-FRIENDLY COMMUNITIES? 7 3.1 ThE KEY INGREDIENTS 7

4 BENEFITS OF ChANGE: WhY BECOME DEMENTIA-FRIENDLY? 11 4.1 BENEFIT TO PEOPLE 11 4.2 ECONOMIC BENEFIT TO BUSINESS 11 4.3 ECONOMIC BENEFIT TO TOURISM 12 4.4 ECONOMIC BENEFIT TO hEALTh BUDGET 12

5 A ROADMAP TO MORE SUPPORTIvE COMMUNITIES 13 5.1 AWARENESS RAISING CAMPAIGNS 13 5.2 hOW BUSINESSES BECOME DEMENTIA-FRIENDLY 13 5.3 hOW OThER PARTS OF ThE COMMUNITY BECOME DEMENTIA-FRIENDLY 13

6 AUSTRALIA AS A LEADER IN DEMENTIA-FRIENDLY COMMUNITIES 14

4 Alzheimer’s Australia

It was Mahatma Ghandi who said that “the true measure of any society can be found in how it treats its most vulnerable members”. While many variations of this sentiment have been quoted throughout history, care for the welfare of others, equality of opportunity and fairness remain core Australian values.

People living with dementia are among our society’s most vulnerable, and it is widely acknowledged that, following a diagnosis, many experience increased isolation. With our population ageing and with dementia now the second leading cause of death in Australia, the time to ready Australia for this growing challenge is now. At Alzheimer’s Australia we firmly believe that making society more understanding of those with a cognitive impairment and improving the accessibility of a community’s physical environment is beneficial to the entire population. Those most vulnerable in our society may benefit the most from change, but everyone stands to gain from living in a society that’s more tolerant, easier to navigate, and designed to cater to a wide range of needs.

That’s why we believe so strongly in creating dementia friendly communities that support those living with dementia to remain engaged, included and connected.

There is no cookie-cutter approach to becoming a dementia-friendly community: it is something that has to be developed to meet local needs and it has to be owned by locals, especially those with dementia and their families and carers. However, Alzheimer’s Australia has a broad national network of resources to help willing communities become leaders in providing a place where those living with dementia are supported to live a high quality of life with meaning, purpose and value. We also have a growing list of communities around the nation that have become showcase towns, realising the practical benefits for their residents of becoming

dementia-friendly. The New South Wales towns of Port Macquarie and Kiama are leading the way, even as others around the country begin to pilot their own dementia-friendly communities.

In Victoria, communities will be supported in their drive to become dementia-friendly through a world-leading Virtual Dementia Experience™ that visually demonstrates how a person living with dementia may experience common environments. This powerful tool, based in Melbourne, has been acclaimed as an excellent way to build understanding of dementia and highlights how simple adaptions to a room may dramatically improve the life of a person with dementia. This experience is currently being developed further to allow us to make it more portable and able to be demonstrated to communities across Australia. This paper outlines the current and emerging needs, and importantly the opportunities that exist for communities that achieve a ‘dementia-friendly’ status.

I strongly encourage our political, business and community leaders at local, state and federal levels to provide the passion and support needed to create more dementia-friendly communities across Australia. While funding of start-up programs must usually come from government, change begins with all of us and I encourage everyone to work towards realising the benefits that come from creating a more inclusive society.

Carol Bennett - CEOAlzheimer’s Australia

1 FOREWORD


2 ExECUTIvE SUMMARY

Dementia may affect us at any age, though its prevalence increases later in life. Dementia is the single greatest cause of disability in Australians aged over 65 years, and the third leading cause of disability overall.1 In March 2015, the Australian Bureau of Statistics revealed that dementia had become the second leading cause of death in the nation, behind only heart disease.2

As Australia’s population ages and life expectancy grows, conditions such as dementia will play an even greater role in our society over the coming years.

The 2015 Intergenerational Report highlights the economic impact of an ageing population, bringing to the fore the need to make progressive changes now to be ready for a greater proportion of older Australians living in our communities. The number of Australians aged over 65 years is expected to more than double by 2055. Female life expectancy is also projected to increase from 93.6 years now to 96.6 years in 2055. Australian males are expected to live to 95.1 years over the same period, up from 91.5 years today.3

As our population ages, dementia rates too are expected to significantly increase. By 2020, about 400,000 Australians are projected to be living with dementia.4 By 2050, close to 900,000 people across the country are forecast to be living with dementia.

The need to physically and socially prepare our communities for an older population, and to understand issues affecting the elderly, has never been greater. Communities that make moves toward embracing our demographic shift will have a significant advantage over other areas and stand to gain not only from greater social cohesion but also economically.

The development of dementia-friendly communities across Australia will dramatically improve the quality of life for people living with dementia, as well as their carers, family, friends and broader support networks by helping to break down the stigma

often associated with the condition. And the very act of creating dementia-friendly communities is a process of engagement: people with dementia should be at the centre of all planning, consultation and activities.

However, dementia-friendly communities can also offer benefits to the wider population. The promotion of social cohesion and understanding the needs of others helps make these communities generally great places to live, aiding in their growth and prosperity. Flow-on benefits to businesses that promote themselves as more accessible to people with dementia and other cognitive impairments are likely to be realised as more people – especially the elderly – see these as welcoming places to visit and shop. As many areas seek the tourism potential of the growing ‘older affluent’ travel market, those towns able to promote themselves as easy to navigate, dementia-friendly, and genuinely welcoming communities will have a major advantage in attracting older visitors over places that do not meet these criteria.

While the major benefits of dementia-friendly communities are social and quantifiable in the positive feedback given by people with dementia, their carers and community participants who have seen the improvements, there are also very tangible economic benefits. These benefits are realised to the greatest degree in potential savings to state, territory and federal health budgets through earlier diagnosis and support for people to live more actively within their communities and reduce dependency on the aged care system and acute care.

1 Alzheimer’s Australia Vic (2014), ‘Creating a Dementia-Friendly Community for the City of Melbourne’, March 2014, p.22 Australian Bureau of Statistics (2015) media release‘,Dementia and Alzheimer’s disease now Australia’s second leading cause of death’, 31 March 20153 Commonwealth of Australia (2015), ‘Intergenerational Report 2015’, Overview, p.84 Alzheimer’s Australia, ‘Creating dementia-friendly communities: A toolkit’


“Deaths from dementia and Alzheimer’s disease have been increasing in number for many years, and now outrank Cerebrovascular diseases as the second leading cause of death of Australians. There were 11,000 deaths from dementia and Alzheimer’s in 2013, an increase of over five per cent in the past year and over 30 percent in the past five years.

“Advancements in treatment of circulatory diseases have decreased the number of deaths from these conditions. As life expectancy increases (now at 80.1 years for males and 84.3 years for females) it is likely the number of deaths from dementia will continue to grow.

“These large scale shifts in patterns of mortality provide critical insights into the multitude of factors which impact on the health of Australians.” 5

5 Australian Bureau of Statistics (2015) media release ‘Dementia and Alzheimer’s disease now Australia’s second leading cause of death’, 31 March 2015


A dementia-friendly community is a place where those with dementia and their families and carers are understood, supported and able to actively function as part of that community. To achieve this, people with dementia, their families and carers must be involved from the outset. But those living in the community must also be well informed to help reduce the stigmas and myths surrounding dementia and to promote respect and empathy.

While education and awareness play a very important role, practical support services must also be put in place to help those with dementia live as full a life as possible.

A community that embraces a dementia-friendly approach not only demonstrates its support for those with dementia, but the vulnerable members of its society more generally. Improvements to the physical environment of a precinct, suburb or city designed to help those with dementia will benefit everyone with ease of access, safety and navigation enhanced.

Such values not only enrich the social fabric of the community as ‘the right thing to do’, but have wider, practical benefits to the area by making them engaging, attractive places to live. A community recognised as dementia-friendly indicates to locals, new residents and visitors that it is a safe and welcoming place in which to connect with others and do business.

Dementia-friendly communities – and recognition of their benefits – are gaining international recognition and momentum, with communities of different forms existing in the United Kingdom (in several areas including York, Hampshire and Sheffield), the Netherlands, Japan and Belgium. In Australia, Port Macquarie and Kiama in New South Wales have been exploring dementia-friendly principles since 2013, while pilot projects are also underway in Darwin (NT), Holdfast Bay (SA),Bribie Island (Qld) and Beechworth (Victoria).,

Each pilot community works to achieve buy-in from a multitude of local stakeholders and develop Dementia Action Plans that can include changes to the streetscape and public buildings, a focus on peer support services for people with dementia, their families and carers, and widespread awareness and education for the general community. Although the commitment and contribution of the local teams has been truly remarkable to date, there is no doubting that pilot funding has contributed to the success achieved so far. It is also clear that even small funding boosts have lasting and significant effects within a given community: the financial support for specific shorter-term initiatives has been shown to lead to further activities and community buy-in – which in turn ensures that dementia-friendly principles are incorporated into longer-term strategies and policy platforms.

3.1 ThE KEY INGREDIENTSNo two suburbs or towns are alike, and the same can be said for dementia-friendly communities. Locals including, of course, people with dementia, identify ways to improve access to their services, build connectivity and break down attitudinal barriers. Signage, ticketing and information services for bus and train operators may be a priority in a large city well served by public transport. However, in smaller regional towns locals in Australia and overseas have rather identified the need to work closely with taxi drivers and to develop dementia and driving tools where car dependency in regional areas is significantly higher. In more remote parts of the UK, locals have addressed the need to raise dementia awareness with search and rescue authorities.

While the implementation of a locally-developed Dementia Action Plan will vary from community to community, the UK and Australian experience has so far identified a few key ingredients needed for the successful roll-out of the program:

3 WhAT ARE DEMENTIA-FRIENDLY COMMUNITIES?


1. Strong local government support at a senior level – Local councils are not only responsible for the delivery of many services residents come to depend upon, but they are well-connected to the needs of their community and in a position to communicate effectively. The most successful of the UK dementia-friendly communities typically see a supportive council leader driving the program across all municipal departments and the Australian experience reflect the same principles. Projects in South Australia, the Northern Territory, Victoria and New South Wales have all benefitted from close ties to the applicable local council.

2. A powerful community leader – A respected leader that brings community values to the fore is needed in the developmental stages to bring together diverse groups, paint a picture of the need and explain the benefits of dementia-friendly communities. In Port Macquarie, the NSW State Member of Parliament Lesley Williams was instrumental in building the early links across the community. In Victoria, the Beechworth pilot is actively championed by the Federal Member for Indi, Cathy McGowan AO. The creation of a sense of urgency and formation of alliances and partnerships across a wide range of community groups, the business sector and government is crucial.

3. A dedicated Project Officer resource – Coordination of individuals and groups to meet the objectives of the Dementia Action Plan is needed to prioritise resources, training and ensure evaluation is undertaken. A Project Officer also works directly with people with dementia, their carers and support networks to identify local needs and provides crucial links between stakeholders.

4. Engagement of people with dementia in all elements of the project – The strength and success of any dementia-friendly community project rests on the active involvement of people with dementia – as committee members, as volunteers, as formal or informal consultants or as interested community members. It is those with dementia who are best placed to identify the types of priorities that are important within a given community.

5. Local willingness – The support of major businesses at a corporate level in the UK were important catalysts; however those that were able to trickle down their training to the local level were the most successful in creating real change in their communities. Towns or suburbs with a strong desire to be more inclusive and break down negative stereotypes are more likely to deliver successful dementia-friendly programs. The formation of local dementia alliances in all of the pilot sites has facilitated community conversations and the buy-in of such segments as retail, health services, tourism and community services sectors. In Darwin, hospital staff have been enthusiastic supporters, while in Holdfast Bay aged care provider interest has been matched by community based organisations.

6. Support from a research body – Universities in particular have been valuable partners in the most successful dementia-friendly communities, by helping to establish metrics, providing evaluation services and other research expertise to demonstrate tangible benefits and feedback to allow ongoing refinement. Beechworth, for example, has partnered with Alzheimer’s Australia Vic to survey participants and is working with La Trobe University and Charles Sturt University to develop evaluation frameworks. Kiama also has a close partner in the University of Wollongong.


The Beechworth pilot in Victoria is an excellent example of a community that deploys all of these elements. It has buy-in from all parts of Indigo Shire Council, including at CEO level. Passionate local community member Joan Simms has provided leadership to drive systemic change in Beechworth in addition to project champion and Victorian MP Cathy McGowan, who advocates in the community as well as in Parliament. The local willingness of the supermarket, bank, bowls club, Probus Club, Red Cross, Lion’s Club, University of the Third Age, Victoria Police, bus and taxi service, and neighbourhood centre to be involved has also been integral. Support from La Trobe University and Charles Sturt University in measuring and evaluating the impact of initiatives also lends valuable research expertise to enable the ongoing refinement of the program.

Any community may become dementia-friendly, although those with the abovementioned attributes have a greater likelihood of success. In choosing future pilot locations across Australia, these qualities will be highly sought, along with consideration of the area’s demographics. While not essential, an older population and/or high incidence rate of dementia in a community may be a constituent driver in a community’s willingness to explore dementia-friendliness. For instance, Port Macquarie was chosen in part because it had the second highest prevalence of dementia out of New South Wales’ 93 electorates.6 In the case of Beechworth, its federal electorate of Indi was ranked number 20 of the Victorian seats where dementia was most prevalent in 2015.7

ThE CORNERSTONES OF A DEMENTIA-FRIENDLY COMMUNITY

Source: Alzheimer’s Australia national office

6 Fairhurst, Tracey (2013), ‘Dementia strategy a first’, Port Macquarie News, 20 September 20137 Deloitte Access Economics (2015) ‘Dementia statistics for Victoria’, Prevalence of dementia by federal electorate. Research commissioned by Alzheimer’s Australia Vic - https://vic.fightdementia.org.au/vic/research-and-publications/reports-and-publications/dementia-statistics-for-victoria8 Kate Swaffer presentation, Alzheimer’s Disease International Conference, Perth, Australia, April 2015

ORGANISATIONSOrganisations, businesses, medical and community organisations should strive to be inclusive and responsive to the needs of people living with dementia in the community

PARTNERSHIPSSocial change requires a collective approach through partnerships with all levels of Government, NGOs, Alzheimer’s Australia organisations, community groups and organisations

COMMUNITIESThe physical and the social environment needs to incorporate and embrace the needs of people living with dementia in the community

“A dementia-friendly community will recognise the need for a person with dementia to continue their lives and to participate in the community in activities they enjoy, whether through employment, volunteering or social activities.”8

Kate Swaffer, Chair, Alzheimer’s Australia Dementia Advisory Committee.


CASE STUDY PORT MACQUARIE: A DEMENTIA-FRIENDLY CITY

Through the local service provider network, people living with dementia and their carers were asked to share their stories in the local media, thereby raising awareness in the general community about the impact of dementia and helping to increase the sense of urgency.

A Steering Committee was formed … and focus groups for people living with dementia and their families were held in Port Macquarie to gain input into what a dementia-friendly community might look like. One strategy agreed by the Steering Committee members was to publicise the ‘Is it Dementia?’ education resource (a series of videos online) to local businesses so that staff could be made more dementia aware.

A submission was made to the local council’s Draft Town Green Masterplan and the Town Square Masterplan to make seating, signage, and colour contrast recommendations and spanning such elements as public toilets. The implementation of the Men’s Shed project in the Hunter region of NSW was expanded to include Men’s Sheds in the Port Macquarie region. Dementia awareness information sessions were provided to local council staff and also to volunteers who could then run dementia awareness sessions for the broader community and for their own social groups and club networks.

Port Macquarie is still in the early stages of moving towards become a dementia-friendly community; however, dementia awareness is becoming part of the Steering Committee members’ ‘core business’ and is being embedded into the various organisations’ consciousness.

Adapted from extracts from ‘A guide to becoming a dementia-friendly community’, Alzheimer’s Australia report, September 2014


4 BENEFITS OF ChANGE: WhY BECOME DEMENTIA-FRIENDLY?

Dementia-friendly communities around the world have proven to deliver a wide range of social and economic benefits to the areas that have embraced change. Most notable of course is the positive impact on the life of a person living with dementia, as negative stereotypes are broken down and support services are put in place to enable people to remain active members of their community. However, there are wider benefits for all residents that come from living in a more inclusive, tolerant and accepting society, including the social and economic benefits associated with being a dementia-friendly community.

4.1 BENEFIT TO PEOPLE LIvING WITh DEMENTIA AND ThEIR CARERSThe onset and progression of dementia has considerable implications for the person’s daily life and engagement with society. As well as a decline in cognitive capabilities, people with dementia may also experience changes in their personality and emotional state that can negatively affect their social interaction. In addition to changes which are directly related to dementia, some people also experience a profound sense of social isolation and lack of purpose due to social stigma.9

A 2012 Alzheimer’s Australia study about stigma and dementia found:

• 22% of those surveyed said they would feel uncomfortable spending time with someone who had dementia;

• 34% of respondents found people with dementia to be irritating;

• 11% said they would avoid spending time with people who had dementia; and

• If diagnosed with dementia, 60% anticipated that they would feel shame.10

These attitudes are echoed by a 2014 survey of people with dementia, where over half of all respondents felt that others avoided spending time with them because of their diagnosis. Almost half wished they had more social contact with people in the community.11

These figures show that we still have a long way to go before we become a more tolerant and welcoming society for people with dementia. Attitudinal change, active participation and enabling policies that are the hallmark of dementia-friendly communities have proven to greatly enhance the lives of people living with dementia.

4.2 ECONOMIC BENEFIT TO BUSINESSDementia-friendly businesses typically make alterations to their physical environment, which improve navigation for all patrons and makes them generally popular places of trade. German supermarkets that have embraced the concept have seen the installation of “better lighting, wider aisles, non-slip floors, large price labels and smaller packages to make goods easier to handle … magnifying glasses on chains hang from shelves and red help buttons are located around the stores”12. This has made them popular not just for those with dementia, but the elderly more generally, who see such initiatives as welcoming and deserving of their business. In the United Kingdom, dedicated ‘dementia-friendly’ bank tellers have noted increased traffic as people with dementia but also older patrons or those who don’t wish to be rushed choose to utilise their services.

As our population ages, measures to improve accessibility in the retail environment may initially provide a competitive advantage, though over time they will become a financial imperative to businesses who must attract and support elderly patrons. As dementia-friendly principles are incorporated into longer term planning, the cost to the community and governments is greatly decreased as design enhancements become mainstream.

9 Alzheimer’s Australia Victoria 2015-16 (Victorian) State Budget Submission. 10 Alzheimer’s Australia (2012) Exploring Dementia and Stigma Beliefs. 11 Alzheimer’s Australia (2014) Living with Dementia in the Community: Challenges and Opportunities. 12 Local Government Association (UK), London (May 2012), ‘Developing dementia-friendly communities – learning and guidance for local authorities’, p.16


4.3 ECONOMIC BENEFIT TO TOURISMA dementia-friendly community status indicates to tourists that a town or city is inclusive, welcoming and has given considerable thought to how locals and visitors alike navigate the physical environment. This is potentially very attractive to the older, affluent travel segment who are highly sought after for their spending power and greater length of stay when travelling.

Tourism is an important part of the national economy. Tourism leaders throughout Australia have identified the ageing population as “an opportunity to target older … empty nesters, semi-retired and retirees who have more time and interest in travelling to distant regions … importantly, outside of peak times such as public and school holidays”13, making this an important tourism segment. Towns that position themselves as welcoming of older domestic visitors by actively promoting a dementia-friendly community status have the potential to gain from the patronage of this key segment.

4.4 ECONOMIC BENEFIT TO hEALTh BUDGETLiving in one’s own home and community as long as possible, without the need to move to a residential aged care facility, is the desire of the vast majority of aged people, including those living with dementia.

However, it also makes good economic sense, with governments worldwide seeing the benefit of supporting people to live sustainably within their communities for as long as possible. The National Commission of Audit estimated that Commonwealth expenditure on aged care was around $13 billion in 2013-14, and that this would “increase by around 4.9 per cent each year over the next decade in real terms. In 2023-24 it is estimated that the Commonwealth Government will spend over $26 billion on aged care”.14 The Commonwealth Department of Finance noted that 82 percent of this funding went to residential care in 2012-13.15

The cost of replacing the informal care of loved ones at home with formal (paid) care at a residential

facility is also significant. Across all types of care requirements (not just dementia), Carers Australia estimated that the annual ‘replacement value’ of informal care exceeded $60 billion per annum.16

The support of a community for those living with dementia also has potentially major economic benefits to the acute care system if that support helps to ultimately reduce hospital admissions. The National Health and Medical Research Council’s (NHMRC) Hospital Dementia Services Project found that a person with a diagnosis of dementia spent more than twice the amount of time in hospital (19.6 days) compared with all hospital separations (8.6 days). That figure more than triples for someone with a principal diagnosis of dementia to 30.1 days.17

While not specific to dementia, a joint Curtin University and University of Western Australia study found that “receiving a reablement (restorative) service in comparison to a conventional home care service reduced the likelihood of using any home care service for the next three years and the need for a personal care service for nearly five years”. The study found that a median cost saving of approximately $12,500 per person over nearly five years could be achieved.18 Dementia-friendly communities are typically designed to support this reduced use of home care services, and as part of a broader support network, help people with dementia live longer within their own homes and communities.

17 Access Economics (2010), ‘The Economic Value of Informal Care in 2010’, Carers Australia, October 2010, p.3

18 Australian Institute of Health and Welfare (2015) website, ‘Hospital Dementia Services Project’ (figures based upon public hospital admissions in NSW in 2006-07)

13 Tourism Victoria (2013), ‘Victoria’s Regional Tourism Strategy 2013-2016’, December 2013, p.9

14 ibid, p.14

15 National Commission of Audit (2014), ‘Towards Responsible Government’, (Overview - http://www.ncoa.gov.au/report/appendix-vol-1/9-9-aged-care.html), February 2014 & p.138 Full Report

16 ibid


Alzheimer’s Australia is seeking the support of Commonwealth, state and territory governments to to invest into:

• Nationwide and local consumer consultations;

• Comprehensive community education programs that include the Dementia Friends scheme and education tailored to local businesses;

• Resources for communities and local governments, to create dementia-friendly public buildings and spaces, way-finding signage and practices; dementia-friendly design principles for places such as public toilets, parks and gardens, galleries, hotels, public buildings and spaces;

• Dementia-friendly toolkits for local governments, community organisations, sporting and social clubs;

• Road shows to demonstrate to community members how they can implement the concept in their locality, including a mobile dementia- friendly pop up pod to tour the state;

• Support for the establishment of more dementia alliance action groups with key community leaders, retail, events and hospitality organisations who will be challenged to build their own dementia-friendly communities; and

• A multi-media awareness raising promotional campaign.

5.1 AWARENESS RAISING CAMPAIGNSWhile dedicated resources are essential to building momentum at a local level and adapting the program to the needs of specific communities, broader campaigns are required to help raise awareness of dementia and shift attitudes. Awareness campaigns will produce social benefits for Australians living with dementia, their carers and support networks; however, such campaigns

may also assist in delivering economic benefits to dementia-friendly communities. ‘Hero’ towns may be promoted as leaders in providing a welcoming environment that is good for locals and visitors alike, with the aim of building internal and external recognition of issues affecting those living with dementia. Externally, towns may benefit from the increased recognition of being ‘dementia-friendly’ through higher visitation from older tourists.

5.2 hOW BUSINESSES BECOME DEMENTIA-FRIENDLYPractical, easy to implement measures a business can undertake include:

• Providing accessible services to people with dementia, including having staff who are able to communicate effectively through an understanding of the condition.

• Support for people living with the disabilities of dementia to continue with paid employment.19

• Working with support groups to develop practical aids to assist people living with dementia such as way-finding signage improvements in shopping centres. In Plymouth in the UK, for example, a local bus company helped design special cards to go with tickets so bus drivers knew what stop a person with dementia would need to get off at.

5.3 hOW OThER PARTS OF ThE COMMUNITY BECOME DEMENTIA-FRIENDLY• Offer volunteering opportunities for people with dementia.

• Run dedicated local memory cafés for people with dementia and their families.20

• Participate in awareness raising events such as Dementia Awareness Month each September.

5 A ROADMAP TO MORE SUPPORTIvE COMMUNITIES

19 Alzheimer’s Australia, ‘Creating dementia-friendly communities: A toolkit’

20 ibid


6 MAKING AUSTRALIA A LEADER IN DEvELOPING DEMENTIA-FRIENDLY COMMUNITIES

Although Australia’s work to create more dementia-friendly communities is in the comparatively early stages, pilot sites across the country have already proven their significant potential to change attitudes about dementia through the wide level of support they have attracted from local government, traders, health, emergency services and community groups. This diverse reach of support, backed by local champions, is key to effecting real change and improving the day-to-day lives of people living with dementia and creating stronger, flourishing communities.

A significant opportunity exists to build upon the excellent outcomes of these pilot towns and expand the program further. As the UK experience shows, future opportunities could include expanding the initiative to the retail and hospitality sectors, sports groups and other community touch-points as funding becomes available.

Alzheimer’s Australia is well-placed to utilise world-first technologies as part of community and business sector education programs. Community leaders, businesses and others may already take advantage of Victoria’s award-winning Virtual Dementia Experience™. This tool uses computer game technology in a dedicated room to immerse the user and powerfully show life through the eyes of a person with dementia as a way of building understanding, empathy and, importantly, knowledge about how even minor changes to the physical environment can make an area more dementia-friendly.

Governments across Australia, businesses, communities and councils, all have a unique opportunity to become more dementia-friendly. In doing so, these communities not only directly support the many people in their areas living with dementia, but create more welcoming, inclusive and enjoyable places to live generally. These communities, with the help of Alzheimer’s Australia, also have the opportunity to benefit socially and economically as they position themselves well for the major demographic shift facing our country as our population ages.

Alzheimer’s Australia is seeking funding to establish more dementia-friendly communities across the nation over the next three years, as we work to position Australia as one of the leaders in understanding and supporting people with dementia.

NATIONAL DEMENTIA hELPLINE1800 100 500

FIGhTDEMENTIA.ORG.AU/vIC


PRESENTATION - DEMENTIA FRIENDLY COMMUNITIES Item 3.30 APPENDIX B

Appendix A consists of 1 page.


TO: City Services Committee FROM: Community Development Coordinator Youth DATE: 20 June 2016

3.31 PROPOSED CHANGES TO THE YOUNG CHANGE MAKERS PROGRAM (B7270)

Brief

To consider amendments to the Young Change Makers Program.

Recommendation

1. That the report be received and noted. 2. That Council endorse the updated Young Change Makers Program

eligibility criteria and guidelines as detailed in Appendix A. 3. That the changes to the Young Change Makers Program take effect from 1

July 2016.


creativity and diversity - Collaborate with the community to provide services, programs and initiatives

that create a socially connected community - Promote volunteering and encourage, value and support community volunteers - Encourage and support a healthy, safe and welcoming community - Create opportunities for all ages to participate in community life Leadership • Demonstrate effective leadership with strong community collaboration - Implement innovative techniques to facilitate opportunities for listening to the

community, engagement and communications - Make decisions based on evidence, broad views and the aspirations of our

diverse communities - Ensure finances and asset are managed to support changing community needs

in a sustainable cost effective way


PROPOSED CHANGES TO THE YOUNG CHANGE MAKERS PROGRAM Item 3.31 Continued Relevant Council policies are: • Youth Policy Background Recommendations for the Community Benefit Donation Program were adopted by Council in December 2015 (refer Cl 14/12/15, item 6.167) as a result of a review of the Discretionary Ward Allowance (DWA) and the Community Benefit Donation Program. Overall, the review made recommendations which were endorsed by Council (effective from 1 July, 2016) that included: • Changes to the eligibility criteria under the DWA program • Reallocation of $32,000 from the Community Benefit Donation Program to DWA

annually • Rebadging of the Community Benefit Donation Program to the Under 18’s Sports

Program (with all other categories of funding previously available under the Community Benefit Donation Program being removed)

• Reallocation of $20,000 from the recurrent budget under the Community Benefit Donation program to the Youth Services recurrent annual budget under the Young Changemakers program.

The Young Changemakers program was established to replace the Youth Development category of funding. The Youth Development funding was too broad, with schools primarily accessing the funding for students going overseas as part of a cultural exchange program. Those types of programs/activities were difficult to measure in how they developed young people’s citizenship and leadership skills and the benefit to their local community. Under the Young Changemakers program, young people propose a project which must demonstrate a direct local community benefit as well as developing their leadership and citizenship skills. The young person (or group of young people) will be supported by Council’s Youth Participation Officer in the development, delivery and evaluation of their project. The recurrent annual budget of $20,000 will be managed and acquitted by Council (no funds directly provided to the young person). This report relates to the Young Change Makers Program information contained within the December report (refer Cl 14/12/15, item 6.167). The original proposal under the Young Change Makers Program was: Young people will propose a project which must demonstrate a local community benefit and will be voted on by young people. The young person (or group of young people) will be supported by Council’s Youth Participation Officer in the development, delivery and evaluation of their project. The Budget will be managed and acquitted by Council through the recurrent budget.


PROPOSED CHANGES TO THE YOUNG CHANGE MAKERS PROGRAM Item 3.31 Continued This report and recommendations are a result of further operational planning conducted by staff and consultation regarding the Young Change Makers Program guidelines and selection process with the Youth Advisory Committee (YAC) on 1 June 2016. Report The proposed recommendations aim to ensure the Young Change Makers Program provides an opportunity for young people to develop leadership, organisational and communication skills within an equitable and supported program. It is proposed that ‘will be voted on by young people’ be removed from the program description (refer Cl 14/12/15, item 6.167) and replaced with ‘meet the program eligibility criteria and guidelines’ as detailed in Appendix A. Young people voting on projects may result in ideas that have local community benefit and align with the City of Charles Sturt Community Plan not being chosen for implementation. Voting will also limit participant’s learning outcomes by preventing young people from experiencing all the stages of project development and implementation (vision, plan, promote, do and review). Not only will the program guidelines ensure that young people’s ideas are heard, program participants will be assisted to develop a project that turns their ideas into reality. It is recommended that ‘will be voted on by young people’ be removed and replaced with ‘meet the program eligibility criteria and guidelines.’ It is proposed to also change the program name from ‘Young Change Makers Program’ to ‘Change Maker Program for Under 30’s.’ Feedback received by YAC highlighted the ambiguity of ‘Young’ as it is a relative rather than defining term. The program age range was not determined within the endorsed report (refer Cl 14/12/15, item 6.167), YAC’s recommendation is to define the participant age range as twelve to thirty to ensure the program is aligned with national and global change maker programs that could provide a pathway for participants who have completed the CCS program to further develop their community idea and leadership skills. It is recommended to change the program name from ‘Young Change Makers Program’ to ‘Change Maker Program for Under 30’s.’ Financial and Resource Implications There are no financial or resource implications. Customer Service and Community Implications The recommendations, generated from feedback from the Youth Advisory Committee, address the concern that voting on projects could be popularity driven rather than focusing on the potential positive outcome for young people and as a result move the program away from its primary focus of providing an opportunity for young people to develop leadership and active citizenship skills, whilst also providing benefit to the local community.


PROPOSED CHANGES TO THE YOUNG CHANGE MAKERS PROGRAM Item 3.31 Continued Environmental Implications There are no environmental implications. Community Engagement/Consultation In the June 2016 YAC meeting the Community Development Coordinator-Youth overviewed the program guidelines, selection criteria, application process and marketing of the new initiative for feedback, resulting in some proposed minor changes to the eligibility criteria, guidelines and program name. Risk Management/Legislative Implications There are no risk management or legislative implications. Conclusion This report and recommendations are a result of operational program planning of Council staff and consultation with the Youth Advisory Committee to ensure the description, eligibility criteria and guidelines of the new change maker initiative clearly reflect the program’s aim of providing an opportunity for young people aged twelve to thirty to develop leadership and citizenship skills through the planning, implementation and review of projects and activities that are of benefit to the local community. Appendices

Appendix Title of Document No. of Pages TRIM Ref A Change Maker Program for Under 30’s –

Eligibility Criteria and Guidelines 2 16/161460


PROPOSED CHANGES TO THE YOUNG CHANGE MAKERS PROGRAM Item 3.31

APPENDIX A Appendix A consists of 2 pages.

Change Maker Program for Under 30’s

Eligibility Criteria and Guidelines

The program is designed to assist local people aged 12 – 30 who have a commitment to make a positive change in their community and have an interest in furthering their leadership, organisation, communication and project management skills to work with the CCS for a period of up to six months to develop and implement a community led activity or project.

Change Maker is defined as, people who have their eyes open in their local community, see ways to do things better and work together to do something about it.

Expressions of interest are open all year round and are submitted via the online expression of interest form located on the City of Charles Sturt Website.

Selection Criteria 1 Applications are open to individuals or groups of up to six members and must meet the following essential criteria to be eligible to participate in the program:

• Aged 12-30• Live in the City of Charles Sturt http://www.charlessturt.sa.gov.au/map• Aspire to be a Change Maker• Have a new idea for a local community activity or identified a community

opportunity

2 The Change Maker Program for Under 30’s is a community development program therefore criteria which will make the applicant ineligible for the program include:

• Applicant is applying as a registered business• Applicant is seeking support to run a for profit activity• Applicant is intending to deliver a fundraising project• Proposed activity or project form part of a formal qualification or award

3 Applicants who meet the above essential criteria will undergo phone and/or face to face meetings to further assess their suitability for the program across the following areas:

Personal Qualities:

• Willingness to receive support and work with others to develop the idea• Level of interest in developing project management skills and a clear project plan

(develop vision, set realistic goals, implement tasks, develop promotion plan, reviewoutcomes and approaches).

• Amount of time available to focus on the idea (negotiated during planning stage)

http://www.charlessturt.sa.gov.au/map

• Interest and ability to drive the idea and make it happen The idea must: • Align with the CCS community plan and have a positive impact on the CCS

community http://www.charlessturt.sa.gov.au/page.aspx?u=396 • Be achievable within six months • Be innovative and not replicate an existing program or service (unless need for

additional activity is identified) General Conditions of Program Successful Change Maker applicants will work with the Community Development Team for up to six months to plan and launch their idea. Type and level of support will be negotiated with the Change Maker and will be dependent on previous experience, complexity of activity and specific requirements to successfully implement the idea. The Community Development Team will work with up to four Change Maker initiatives (individuals or small groups) at any one time. In the event all four places are filled successful applicants will be provided with an estimated commencement date that will be confirmed as the current project deadlines approach. Whilst Change Makers are waiting to commence the program the Community Development Team may provide information to enable the Change Maker to undertake preliminary preparation for their project. The City of Charles Sturt Community Development Team will facilitate opportunities for the local community to support successful applicants to plan, implement and review their project by: • Assisting Change Makers to plan, promote trial and review their community activity

ideas. • Link Change Makers to others who have complementary skills to share the

workload. • Support Change Makers to access programs to develop the skills needed to move

their idea forward. • Link Change Makers to relevant local community groups, organisations, businesses,

committees and networks. • Assist Change Makers locate the resources you need to get your idea off the ground. • Where funding sources are not available purchase up to $1000 of materials and

equipment per Change Maker initiative (subject to availability of funds and approval from the Community Development Coordinator – Youth. Non-consumable purchases remain the property of City of Charles Sturt).

• Coordinate workshops and talks with local change makers and entrepreneurs to share their stories with the local community.

Reference Documents Community Plan 2027 - http://www.charlessturt.sa.gov.au/page.aspx?u=396 City of Charles Sturt Map - http://www.charlessturt.sa.gov.au/map Change Maker Program for Under 30’s –Eligibility Criteria and Guidelines City of Charles Sturt 72 Woodville Road, Woodville, South Australia 5011 T 08 8408 1111 F 08 8408 1122 www.charlessturt.sa.gov.au

http://www.charlessturt.sa.gov.au/page.aspx?u=396

http://www.charlessturt.sa.gov.au/map


TO: City Services Committee FROM: Senior Policy Planner DATE: 20 June 2016

3.32 PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016 –

IMPLEMENTATION UPDATE (B8083)

Brief

The Planning, Development and Infrastructure Act 2016, was passed by Parliament in April 2016. A report was presented to the Committee outlining the key amendments that had been made during parliamentary debate. This report provides the Committee with an update from the Minister for Planning on the implementation of the Act.

Recommendation

1. That the report be received and noted.


creativity and diversity - Encourage and support a healthy, safe and welcoming community Liveability and Place • Build healthy, functional and attractive neighbourhoods - Identify and protect character areas and iconic sites - Build partnerships with other levels of government together with the housing

industry to provide an appropriate range of housing - Utilise place making strategies to promote main streets and enhance

community lifestyle - Achieve change in our urban form in a way that enhances and complements

existing character, aspirations and environments - Create public spaces that add interest and vibrancy for residents and visitors to


emphasises and focuses on pedestrians and cyclists


PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016 – IMPLEMENTATION UPDATE Item 3.32 Continued - Advocate for a connected, safe and well maintained major road network and

public transport system - Increase open space and seek opportunities for shared use to respond to the

recreational and sporting needs of the community-Create quality adaptable and integrated open space

- Advocate for legislative change for increased open space in higher density developments

- Ensure that community facilities are developed and well maintained on an equitable basis

Sustainability and Environment • Protect our environment and minimise our ecological footprint - Promote, protect, rehabilitate and expand natural ecosystems - Preserve and enhance our trees and vegetation Relevant Council policies are: • City of Charles Sturt Development Plan

Relevant statutory provisions are: • Development Act 1993 • Development Regulations 2008 • Planning, Development and Infrastructure Act 2016 Background An information report was presented to the Committee at its meeting on 16 May 2016, Item 3.23 summarising the key amendments that had been made during parliamentary debate. The report also briefly highlighted the key steps in the implementation of the Act. Report Since the previous report to the Committee in May 2016, the Minister has written to all Council’s in late May 2016, to provide information on the implementation of the Act. A copy of the Minister’s letter and accompanying information on the new Act is located in Appendix A for Members’ information. The implementation process is being led by the Department of Planning, Transport and Infrastructure (DPTI). The Minister has outlined that the implementation program will be a five year process to ensure sufficient time is provided to introduce the vast changes to the planning system. The focus of the first year will be setting up the governance structures and frameworks. Key aspects of the implementation priorities for the first year include:


PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016 – IMPLEMENTATION UPDATE Item 3.32 Continued • Legislation – the drafting of a transitional Bill to bring the new Act into operation. The

new Bill will set out how the State transitions from the existing Development Act 1993 to the new legislation. The drafting of new Planning, Development and Infrastructure Regulations will also need to be developed to support the new Act.

• System Governance – the establishment of the new Planning Commission and setting up the framework for Accredited Professional, Assessment Managers and Assessment Panels.

• Community Engagement Charter – the first responsibility of the new Planning Commission will be to prepare and consult on the engagement charter.

• Planning instruments frameworks – preparation of policy such as the new planning and design code and design guidelines.

• ePlanning system – preparing the specifications for the ePlanning system. The Minister has indicated that the system will not be delivered until the third year of the implementation program.

The Minister has also indicated that while a vast amount of resources will be directed towards the delivery of the new planning system, there is still a need to maintain the current system. Key priorities for the Government over the next 12 months include: • The Planning Strategy – The 30-Year Plan for Greater Adelaide is currently being

updated. • A focus on good design – DPTI is preparing a set of medium density guidelines to

encourage higher quality design within growth areas. • Heritage reform – The Minister has indicated that he is committed to undertake a

review of the frameworks around heritage. Discussions with councils are proposed to commence in the middle of this year.

• Council-led rezonings – The Minister has indicated support for council policy amendments that are linked to job creation or align with the Government’s intention to reduce growth on the urban fringe. The Minister has also indicated that support for future council Statement of Intents (SOI) will be limited to those that facilitate strategic outcomes and job creation.

(Note: In so far as Council’s current Development Plan Amendment (DPA) investigations, the Committee will be advised on their progress through individual reports as they progress through DPTI and the Minister.)

• Strategic rezonings – The Minister provided an update on existing Ministerial DPA

investigations. The Committee was advised at its meeting in May 2016, Item 3.24 of the authorisation of the Minister’s Existing Activity Centre Policy Review DPA. The Minister has now indicated that investigations are underway to explore further opportunities for the retail and business sectors. The Minister has also indicated that he has decided to pause the release of the Ministerial Inner and Middle Metropolitan Corridor Infill DPA for public consultation pending the update of The 30-Year Plan for Greater Adelaide.


PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016 – IMPLEMENTATION UPDATE Item 3.32 Continued Financial and Resource Implications There are no financial and resource implications at this time. These will be considered as further information relating to the implementation of the Act and reforms is made available. Customer Service and Community Implications The new Act seeks to realise the vision of creating liveable, affordable and healthy neighbourhoods. It is important that the planning reforms take into consideration the interests of members of the community, property owners, developers and practitioners. Environmental Implications The new Act seeks to implement the 30 Year Plan for Greater Adelaide and the drivers to create sustainable neighbourhoods focussed on walking, cycling and public transport and employment opportunities close to where people live. Community Engagement/Consultation There is no requirement for Community engagement or consultation. Risk Management/Legislative Implications There are no risk management or legislative implications at this time. Conclusion The Gazettal of the Planning, Development and Infrastructure Act, 2016 begins the commencement of significant changes to the South Australian Planning system and legislation. The full extent of the impact of the legislation will be determined over the next few years as the implementation processes for the Act begins. Appendices

Appendix Title of Document No. of Pages TRIM Ref Appendix A Planning Development and Infrastructure Act

2016 - Implementation details 52 16/160893


PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016 – IMPLEMENTATION UPDATE Item 3.32

APPENDIX A Appendix A consists of 52 pages

Scanned - IMS - 250516

In reply please quote #10459252 Enquiries to Anita Allen Telephone (08) 7109 7099

Government of South Australia

Department of Planning, Transport and Infrastructure

OFFICE OF THE CHIEF EXECUTIVE

Mr Paul Sutton Chief Executive Officer City of Charles Sturt P0 Box 1 WOODVILLE SA 5011

25 MAY 2016

Roma Mitchell House 136 NorTh Terrace Adelaide SA 5000

GPO Box 1533 Adelaide SA 5001

Telephone: 08 8343 2222 Fax 08 8204 8740 ABN 92 366 288 135

Dear Mr Sutton

PLANNING, DEVELOPMENT AND INFRASTRUCTURE ACT 2016

The Minister for Planning, the Hon John Rau, has recently written to your Mayor about the Planning, Development and Infrastructure Act 2015 which was passed by Parliament on Tuesday 12 April 2016, and assented to by the Governor on 21 April 2016.

This letter, provides some additional detail around a number of key elements and includes as an attachment:

Renewing Our Planning System

. A User's Guide with more detail

A preliminary implementation program.

You may be aware that during the course of the debate, there were a number of amendments made to the original Bill. There is a track change version of the Bill on the DPTI Planning Reform web site dpti.sa.gov.au/planning/planning_re form, which identifies these amendments.

The focus of the Department is now shifting towards implementation. A five year implementation program is being developed to ensure appropriate time is set aside to introduce what is a significant change.

Implementation program

The first year will be focussed on setting up the governance structures and frameworks. We intend to work closely with Council's on the staged introduction of the legislation and the associated ePlanning solution.


2

The priorities for the first year are:

• Legislation - To bring the new legislation into operation, there is a need to pass through the Parliament a Transitional Bill. This Bill will set out how we transition from the existing Development Act to the new legislation and how this may be staged. New Regulations will also need to be drafted.

• Project Governance - Project Governance structures will be put in place to help guide the progress of the program. We will be working with the Local Government Association and individual Councils to ensure appropriate input as the program develops.

• System Governance - The first year will also be about setting up the new Planning Commission, the framework for Accredited Professionals, Assessment Managers and Assessment Panels. This will need to be established before the new assessment system can be phased in.

• Community Engagement Charter - The first responsibility of the Commission will be to prepare and consult on the community engagement charter. While the Commission is not yet established, we will be starting conversations around this as a priority.

• Planning instruments frameworks - This includes working out what the key planning instruments (such as the planning and design code) will look like and how they will link into the new ePlanning system.

• Specifications for the ePlanning system - Preparing the specifications for the ePlanning solution will take time and it is important that we get this right. While the planning portal may be available in the first year, the ePlanning system itself will not be delivered until the third year.

A high level overview of the reform program is attached. This is likely to change as we work with stakeholders on how best to introduce the reforms while minimising any disruption to the system. The Department will be working with your staff on this program.

A shift in focus while keeping the current system going

To achieve a reform program of this scale, Government and Council resources will need to be directed towards the delivery of a new planning system. However, there is still a need to keep the current system going.

It is for this reason that I would like to highlight some of the Government's priorities for the next 12 months:

• The Planning Strategy - The 30-Year Plan for Greater Adelaide (the Plan) is currently being updated to better reflect current conditions, such as population growth, land take up rates and densities. A key focus of the review is on how we make infill work.


• A focus on good design - The Department is preparing a set of medium density guidelines that will better encourage high quality design within our growth areas. Your staff have been invited to conversational forums to discuss how good medium density development can complement existing neighbourhoods.

• Heritage reform - Through the passage of the Planning, Development and Infrastructure Bill, the Minister committed to undertake a review of the frameworks around heritage. Conversations are likely to commence in the middle of this year around this topic.

• Council-led rezonings - The Department will continue to support Council policy amendments and rezonings that are directly linked to job creation or align with the intention of finding new innovative ways to reduce growth on the urban fringe. However, the Department asks that Councils carefully consider their priorities and

• where possible focus resources on working with my Department on the Planning and Design Code.

The Department will work with local councils to finalise Development Plan Amendments (DPA's) that are in the system and to identify priorities moving fo rwa rd.

Currently there are 60 active Councils DPA's, which the Department will be seeking to be completed by the end of year one where possible. Support for any new Statement of Intents will be limited to those that facilitate strategic outcomes and job creation.

Strategic rezonings -The Minister for Planning will continue to initiate strategic rezonings that create employment opportunities for South Australians. There are two strategic rezoning initiatives that are already currently being investigated as follows:

> Inner and Middle Metropolitan Corridor Infill DPA - The Minister for Planning has decided to pause the DPA's public consultation release, and intends to continue to focus on the release of the draft update to the Plan. Following the release of the Plan the Minister will consider the most effective way of progressing the DPA.

Despite pausing the release of the DPA, the Department will continue to work with Councils on priorities for urban growth. Our strategies are clear and well detailed in the Plan and the Integrated Transport and Land Use Plan.

> Activity Centres and Shoppinci Growth DPA - Following the approval of the Existing Activity Centres Policy Review DPA, the Government remains keen to unlock further economic opportunities for the retail and other business sectors. While the investigations for further changes have begun, more conversations with business are needed to set out the planning blueprint for the retail sector going forward. To this end, the Minister for Planning will soon be holding a round table with key players in the industry to help inform this next stage of work.


ru

The significance of the legislative reform and the implementation of such reforms will be both exciting and challenging. The success of this lies in all of us working together to develop and implement our new planning system.

The Department is looking for new ways to work collaboratively with Councils, and would be pleased to consider any suggestions such as secondments, pilot projects or other initiatives that enhance implementation opportunities.

The Department looks forward to the opportunity to work with you to deliver a modern and competitive planning system for all South Australians.

Yours sincerely

Michael Deegan CHIEF EXECUTIVE

K ) /2016

Att: 1. Renewing Our Planning System User's Guide Preliminary implementation program


fiGWVG OUR PLANNING SYSTEM

A brief overview of the new Planning, Development and Infrastructure Act 2016

The new Planning, Development and Infrastructure Act 2016 was passed by Parliament on 12 April 2016. The Act will come gradually into operation over the next 5 years

This new legislation is set to significantly reform our planning system by delivering:

A better framework for long-term planning

Long-term planning forms the cornerstone of our planning system and through the Act's objects and principles and a new general duty, it will reinforce the shared responsibilities of government, local councils, industry and communities.

This will provide the certainty to drive investment and deliver better planning and development outcomes across South Australia.

Better ways to engage South Australians

Engagement with communities will now be a central feature of the new planning system. The Act places the emphasis on engaging communities early when the rules, such as the state-wide Planning and Design Code and other regulatory instruments are being written, rather than at the later stages of the planning process, when it is too late to influence outcomes.

A new engagement charter will be developed to provide people with genuine influence over the process of developing the plans and policies that will shape their communities. The charter will allow engagement to be tailored to suit each community and authorities will be obliged to meet or exceed key performance benchmarks.

A better focus on design quality

The Act will enable the establishment of system-wide design standards reinforcing an emphasis on design which has been woven throughout the Bill through design review, design principles and design-based zoning, establishing design as fundamental for policies and practices at all levels.

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A better, clearer rulebook for everyone

The Act will transform the warren of planning rules which currently exasperate ordinary South Australians trying to build a house, or businesses wanting to deliver a development, and replace them with a single, easy-to-access set of rules that can be applied consistently across the State.

The new rulebook—the 'Planning and Design Code—will be written in plain language, and focused on design outcomes that can be tailored to address local character needs.

It will be supported by a new e-planning system so that planning information is easily accessible online.

Better information that is digital by default

In the new planning system, all planning information will be accessible on a central e-planning portal.

South Australians will be able to participate in planning processes from consultation to lodgement—anywhere, any time. This online platform will reduce costs for applicants, councils and ratepayers, and deliver faster turnarounds and tracking of decisions.

This will make updating the rulebook quicker and easier than current processes and enable new government policies and amendments to be delivered quickly and efficiently.

Better process leading to quicker decisions

Homebuilders and small businesses need certainty when they apply for approval of development that is expected in a zone.

The Act provides for new assessment pathways to deliver faster approvals, with fast-tracking of deemed—to—satisfy development applications, and more consistent planning rules for performance—based assessment, and ensuring decisions are made and the planning rules applied by accredited professionals.

The Act shifts the focus to the needs of applicants, facilitating outcomes for them, allowing greater flexibility in the way in which assessment may be staged, and providing more and better options for decisions to be reviewed.

The system will be oriented to provide applicants with an early 'yes' or 'no' to their proposed development, and not an infinite and costly 'maybe'. Delays will be shortened, red tape reduced and investment encouraged.

The Act also empowers councils with better enforcement tools, including the ability for courts to capture profits from breaches, impose corporate multiplier penalties, and make adverse publicity orders.

/

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Better coordination and delivery of infrastructure

The Act creates the basic and general infrastructure schemes which ensure infrastructure needs are identified, and costs calculated and locked in, before development can begin - rather than building fringe subdivisions that leave new homeowners stranded without the infrastructure and services they need.

The Basic Infrastructure Scheme will only apply to new (greenfield or major brownfield) developments, at the point where developers are having land rezoned or subdivided, or commence an approved development and not to homes being built in established developments or suburbs. This will ensure developers pay for their share of these costs, at the time when they benefit from developing, rather than leaving them to the tax payer.

When rezoning occurs for new developments, developers are already required to provide the roads, streets, electricity, gas, water, sewerage, communications and storm water infrastructure. This cumbersome process currently depends on individual negotiation of infrastructure agreements by way of legal deeds between landowners and developers.

The State Government, representatives of the development sector and the Local Government Association have worked together to set up a legislative framework for the basic infrastructure schemes, as an alternative to these current, less efficient practices. However, in some circumstances, developers may still prefer to negotiate and reach agreement with the local council for the provision of basic infrastructure by way of a deed, as is currently the practice.

The General Infrastructure Schemes will provide those landowners who all agree that they want to replace and build new infrastructure, with a workable mechanism to achieve this.

As our State changes and grows, the need to replace and build new infrastructure will increase. We cannot just keep raising taxes across the board to fund infrastructure from general revenue.

General infrastructure schemes will be able to be established for the purpose of providing essential infrastructure such as major roads, transport networks or facilities, causeways, bridges, embankments, walls, channels, drains, and other facilities - but only if all landowners agree to proposed arrangements. As well as requiring that all landowners agree to proposed arrangements, general infrastructure schemes will be subject to the scrutiny of the parliament.

The general infrastructure scheme will share the cost of new infrastructure between those who gain direct benefits. The general scheme would make this State one of the first in Australia to provide a legislative mechanism for value capture. This has the potential to unlock opportunities for South Australia to access Federal Government infrastructure funding, which may bring forward development and infrastructure that can benefit members of our community.

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All funding arrangements related to infrastructure schemes will be subject to parliamentary scrutiny.

Environment and Food Production Areas.

The State now has a complete legislated boundary within the Greater Adelaide Region - the Environment and Food Production Areas - to prevent unnecessary and unwarranted urban sprawl consuming our limited and precious lands that should be used to produce our quality food and wine industries which generate over $19 billion in revenue.

The Environment and Food Production Areas provide necessary certainty to our food and wine producers the tourism sector and provides developers and prospective developers with far greater certainty as to where urban development may or may not occur.

Changes to Environment and Food Production Areas will not be able to be made at the stroke of a pen behind closed doors. Instead, any such change must be done transparently, the merits publicly tested and with parliament, having the power to disallow any amendments.

Any changes will be informed by the new State Planning Commission who will undertake an independent inquiry into the Environment and Food Production Areas at least every five years. These inquiries will be transparent and based upon consultation with the community, industry groups and interested parties.

Y

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Scanned - IM - 250516

7 N

ZNEWING OUR ANNING SYSTEM

UNLOCKING SOUTH AUSTRALIA'S

POTENTIAL

Preliminary Implementation Program 2016

Planning, Development and Infrastructure Act 2016

The passing of the Planning, Development and Infrastructure Bill 2015 by Parliament into the Planning,

Development and Infrastructure Act 2016 (the Act) now means the Government can move forward to a

modern and competitive planning system aimed at unlocking South Australia's potential.

This is the most significant overhaul of the South Australian planning system in over 20 years.

An overview of the Implementation Program introducing the new planning reforms and systems is

provided, introducing key changes and the sequencing of Planning Reform measures. This is our year of

implementation towards our new planning system.

This first year will be focussed on setting up the governance structures and frameworks.

Vision of Working Together

The work that is about to start and the scale of commitment to achieve the timely delivery of the economic

benefits to the State are considerable and by working together to implement our new planning system we

can move forward to achieving new and beneficial outcomes.

We will be working closely with Councils on the staged implementation of the Planning Reforms and

ePlanning solution.

What needs to be done?

The priorities for the first year are:

• Legislation

To bring the new legislation into operation, there is a need to pass through the Parliament a

Transitional Bill. This Bill will set out how we transition from the existing Development Act to the new

legislation and how this may be staged. New Regulations will also need to be drafted.

• Project Governance

Project Governance structures will be put in place to help guide the progress of the Reform program.

We will be working with the Local Government Association and individual Councils to ensure

appropriate input as the program develops.

• System Governance

The first year will also be about setting up the new State Planning Commission, the framework for

Accredited Professionals, Assessment Managers and Assessment Panels. This will need to be

established before the new assessment system can be phased in.

Community Engagement Charter The first responsibility of the State Planning Commission will be to prepare and consult on the community engagement charter. While the Commission is not yet established, we will be starting conversations around this as a priority.

• Planning instruments frameworks This includes working out what the key planning instruments (such as the Planning and Design Code) will look like and how they will link into the new ePlanning system.

• Specifications for the ePlanning system Preparing the specifications for the ePlanning solution will take time and it is important that we get this right. While the SA Planning Portal may be available in the first year, the ePlanning system itself will not be delivered until the third year.

Where to Start?

The following are key priorities for the implementation of the Planning Reforms:

• establishment of the State Planning Commission

• launch of the Community Engagement Charter

• starting to test and turn on the SA Planning Portal and elements of the Planning and Design Code

(such as residential areas)

With the implementation of each of these, new planning governance and other planning elements will be

introduced including the adoption of new assessment pathways to allow for a streamlined, quicker yes/no

answer to simple development proposals.

A new way to share information

An ePlanning solution, that delivers over the next ito 5 years a new way to access planning information

and the relevant rules and policies, will underpin the delivery of the new planning system. The framework

for this ePlanning solution to be built around the creation of a new SA Planning Portal will allow for the

early development of, and consultation on, the new planning instruments such as the Planning and Design

Code.

Order and Timing

It is critical that key elements being brought in by the Act are in place before others. For example the

establishment of the State Planning Commission is a lead task that will enable the Commission to consult

on, and develop, a Community Engagement Charter.

Sequencing and timing of the Planning Reforms is critical, even more so when ensuring communication on

the delivery and operation of new systems i.e. when they are about to commence, along with consultation

and engagement on planning rules and policies being developed.

WMORE?

/ Department of Pla'nning, Transport and Infrastructure

1300 857 392

sa.gov.aufplanning Ifj g: / SOtI Government

eusteetie of South Australi.


H RENEWING OUR PLANNING SYSTEM

UNLOCKING SOUTH AUSTRALIA'S POTENTIAL A USER'S GUIDE TO THE PLANNING, DEVELOPMENT A ND INFRASTRUCTURE ACT 2016

The Planning, Development and Infrastructure Act 2016 was assented to by the Governor on 21 April 2016 after passage through the Parliament of South Australia.

During a five year implementation program, the Act will be brought into operation in stages.

This guide is intended to provide a detailed outline of the key features of the new planning system created by the Act. It is arranged in a question-and-answer format that follows the order of sections of the Act.

This guide is made available as a public service for information purposes only and is designed to be read in concert with the Act. It should not be relied upon as a source of or substitute for legal advice.

Further information about the Planning, Development and Infrastructure Act is available by emailing DPTI.Planning©sa.gov.au.

As at 13 May 2016.

Part 1—Preliminary

1— How will the bill be commenced?

Prior to the implementation of the Planning, Development and Infrastructure Act, a further bill will be introduced into Parliament to provide for transitional arrangements, consequential amendments and related implementation measures to bring the Act into operation over a five year implementation program.

Where to look—section 2

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What changes have been made to definitions?

There are few changes to definitions in the Act, other than where strictly necessary to accommodate new processes or instruments. In particular, the definition of 'development' has stayed the same, preserving important case law. However, the concept of 'change of use' of land has been varied (see below).

A significant change in the Act is the new term 'Planning Rules', used in several parts as short-hand for statutory instruments which replace the policies currently contained in development plans. The use of this term is similar to the use of the phrase 'Building Rules' in the current Act, and reflects a desire for a rule-based system which is better suited to objective decision-making.

In the Act, the definition of 'adjacent land' has been simplified to provide greater clarity about notification requirements. The Act also includes new definitions of 'essential infrastructure' and 'public realm'. A new definition of 'department' refers to the government administrative unit which assists the Minister in the administration of the legislation. A definition of 'chief executive' has also been included in the Act.


How has the 'change of use' test changed?

The concept of change of land use has a long history in the planning system. However, current practice tends to capture many minor issues that should not require assessment.

The Act includes a number of changes that will help to address this. Most significantly, a new concept of a 'use class', to be specified in the Planning and Design Code (see below), will mean that many minor matters will no longer trigger the need for assessment.

In addition, an increase in the intensity of an existing use must be 'material' to trigger the need for an approval. The question of whether such an increase is 'material' is to be guided by principles to be set out in the Planning and Design Code. Revival of existing uses will also be tightened and will only be permitted within a 12 month period after discontinuance (down from two years) or, in some cases a longer period not exceeding five years as allowed by the Planning and Design Code.

Trifling or insignificant changes will continue to be excluded from change of use principles in accordance with the current Act. -


4—What is a 'planning region'?

The Act provides for the state to be divided into 'planning regions' by the Governor. One of the regions must be designated as 'Greater Adelaide' (replacing the definition of 'Metropolitan Adelaide' in the current Development Act).

The main purpose of a planning region is to define the area for regional plans over which collaborative arrangements may be established for planning and other relevant service delivery or program areas. The establishment of planning regions is also important for a number of other subsequent parts of the legislation.

In setting the limits of each planning region, consideration must be given to relevant environmental factors, the needs of communities, and other administrative boundaries. It is expected that the planning regions will be based upon the existing South Australian Government Regions, although adjustments to align with other service delivery boundaries will be considered.

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The Governor, acting on the recommendation of the Minister, will be able to establish regions by proclamation where appropriate. The establishment of regions will be subject to Parliamentary scrutiny and a proclamation will not come into effect unless approved by a resolution of both Houses of Parliament.

The Premier, where appropriate, will have the power to direct agencies under the Public Sector Act 2009 to align their activities with the planning regions. Provision also exists for the Minister to establish subregions.

Where to look—sections 5 and 6, and Schedule 6, Part 8

5—What is the 'environment and food production area' in Greater Adelaide?

- Within the Greater Adelaide region, the Minister is to establish one or more 'environment and food production areas' in order to:

• protect rural, landscape and environmental areas which generate over $19 billion in revenue from urban encroachment;

• encourage consolidation within the existing urban footprint and renewal of existing urban areas; and • ensure that any expansion of the urban footprint is made transparently and based on agreed evidence.

Once established, the boundaries of an environment and food production area may not be changed without the approval of Parliament following consideration of a report of an independent inquiry by the State Planning Commission.

Within an environment and food production area, land division for residential purposes is not permitted. Division for other than residential purposes will only be possible with the concurrence of the Planning Commission or council, depending which is the relevant authority.

The establishment of an environment and food production area does not affect the operation of the Act or any other legislation other than to prevent division of land for the purpose of residential development in the area. Other uses compatible with zoning (such as small-scale quarries, agricultural production, mining operations or tourism-related activities) will continue to be permissible.

Land within an environment and food production area, defined as a rural living zone by a Development Plan, may still be subdivided in accordance with the relevant policies or conditions relating to the minimum size of allotments or the division of land in force on 1 December 2015 for a period of two years from the date section 7 comes into operation.

Where to look— environment and food production areas: section 7 rural living areas: schedule 7

6—What is a 'special legislative scheme'?

The Act provides for certain laws to be directly linked to the planning system. These are called 'special legislative schemes'. Once declared as a special legislative scheme, a state planning policy must be developed in relation to the scheme, and certain processes must be followed when undertaking key planning processes (eg amending planning instruments). This will provide a clearer and more versatile way of linking with other laws that seek to influence planning outcomes.

Based on the existing Act, the following are declared to be special legislative schemes:

• Adelaide Dolphin Sanctuary Act 2005 • Arkaroola Protection Act 2012 • Character Preservation (Barossa Valley) Act 2012 • Character Preservation (McLaren Vale) Act 2012 • Marine Parks Act 2007

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. River Murray Act 2003.

However, any other Act, or a part of another Act, may be declared by that Act or by regulation to be a special legislative scheme for the purposes of the planning system.


7— How much change has been made under this part?

Many definitions have not changed, as outlined above. Provisions relating to the application of the Act (including to the Crown) have been migrated from the current Development Act 1993.

Part 2—Objects, planning principles and general responsibilities

8—What are the objects and 'principles of good planning'?

The Act sets out new statutory objects and 'principles of good planning' that support them.

The primary objects of the Act are to 'support and enhance the State's liveability and prosperity in ways that are ecologically sustainable, meet the needs and expectations and reflect the diversity of the State's communities by creating an effective, efficient and enabling planning system' that:

• facilitates development and the integrated delivery of infrastructure and the public realm; and • encourages community participation in setting planning policies and strategies.

The planning system is also intended to:

• designed to be simple, easily understood and provide consistency in interpretation and application; • enable people to digitally access planning information, and to undertake processes and transactions; • promote certainty for those proposing to undertake development while simultaneously providing scope for

innovation; • promote high standards for the built environment by emphasising design quality in policies, processes and

practices, and providing for policies and principles that support or promote universal design for the benefit of people with differing needs and capabilities;

• promote safe and efficient construction through cost effective technical requirements that form part of a national scheme of construction rules and product accreditation;

• provide financial mechanisms, incentives and value capture schemes that support development and that can be used to capitalise on investment opportunities; and

• promote cooperation, collaboration and policy integration between and among State government agencies and local government bodies.

These primary objects are supported by a further set of sub-goals and, in more detail again, the principles of good planning'. All persons undertaking functions or exercising powers under the legislation are required to seek to further the objects having regard to these principles.

The 'principles of good planning' serve as a mission statement for the planning system, describing how good planning should be applied across the state. Organised thematically, the principles direct planning authorities to seek to:

• have a long-term focus and be able to respond to emerging challenges; • foster urban renewal;

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• aspire to high quality design which is inclusive and accessible to people with differing needs and capabilities;

• promote activation and support liveability; • attain sustainability; • facilitate investment; and • promote integrated delivery.

Combined, the objects and principles provide an important value-based framework for the operation of the planning system and interpretive aid for courts in applying provisions of the legislation.

Where to look—sections 12-14

9—Why does the Act contain a 'general duty'?

The Act indudes a 'general duty' that applies to all persons undertaking functions or exercising powers under the legislation, or interacting with the planning system. In addition, there is a specific obligation on councils and government agencies to coordinate their activities in alignment with the goals of the planning system.

Combined with the objects and principles of good planning (see above), these are intended to set the 'tone' for the system and promote a culture that is facilitative, proactive and professional—and which recognises shared responsibilities for achieving good planning outcomes.

These duties are not intended to be enforced before a court of law, but may be given weight through, codes of conduct, service benchmarks and or other applicable requirements such as professional standards.

Where to look—sections 15 and 16

10—How much change has been made under this part?

Most of this part is new. Some parts of the objects draw upon the objects in the current Act.

Part 3—Administration

11—How will the State Planning Commission work with councils?

The Act creates a new 'State Planning Commission' reporting to the Minister with responsibilities including provision of independent policy advice to government, guidance to councils and professionals and coordination of planning with infrastructure delivery. The commission will also serve as an assessment authority for prescribed classes of development applications.

The commission will consist of between four and six members appointed by the Governor on the recommendation of the Minister. From time to time, the commission may co-opt additional specialist members to assist its deliberations. In nominating persons for appointment to the commission, the Minister must, as far as practicable, seek to include persons with expertise from a range of disciplines including:

• economics, commerce or finance; • planning, urban design or architecture; • development or building construction; • the provision or management of infrastructure or transport systems; • social or environmental policy or science; and • local government, public administration or law.

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Before making an appointment of a person with skills and experience relating to local government the Minister is required to consult the Local Government Association.

In addition to providing the Minister with an independent source of advice, the commission is expected to appoint a sub-committee as an assessment panel for the purpose of assessing development applications. The commission will also work with the Department to provide guidance and coordination across the system, including interaction with councils and the professions.

Reflecting this, a public sector employee, other than the chief executive of the department responsible for planning, will be an ex officio member of the commission. This will provide an important link with transport and infrastructure systems and other matters cognate with planning. Secretariat support for the Commission will be provided by public sector employees.

Where to look—sections 17 to 32

12—What are 'planning agreements' and what will 'joint planning boards' do?

The Act provides for groups of councils to enter into 'planning agreements' with the Minister.

A planning agreement is a long-term arrangement that allows for planning functions tobe delegated to regional groupings of councils, subject to agreed performance measures and targets. Where relevant, other entities may be party to an agreement. A council with any part of its area that is to be included in a planning agreement must be invited to be a party to the agreement.

Each planning agreement is to be delivered by establishing a 'joint planning board' (with between three and seven members) to perform agreed functions (for example, regional planning or assessment). The process of establishing a board has been flexibly designed to allow for parties to determine the arrangements that suit them best.

In addition to allowing for planning powers to be delegated to joint planning boards, planning agreements may also include others matters that may be agreed by other Ministers (for example, regional development or natural resource management).


13— What are 'practice directions' and 'practice guidelines'?

The planning system is complex and often involves balanced judgments being made by professionals. To support professionals, the Act includes the ability for the Planning Commission to issue practice directions and guidelines.

A 'practice direction' may specify procedural requirements generally or in connection with any matter under the legislation. Often these will relate to issues that are currently dealt with by regulation under the current Development Act. Throughout the Planning, Development and Infrastructure Act there are many specific instances where the commission is given the ability to issue a practice direction in relation to a particular topic or issue.

'Practice guidelines' can provide guidance on the interpretation of the Planning Rules or the Building Rules. This will be particularly helpful where there may be ambiguity or differing interpretations. Assessment authorities will be taken to be acting consistently with the Planning Rules or the Building Rules if they act in accordance with a practice guideline.


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Most of the features of this part are new. The Planning Commission and its sub-committee formed as an assessment body will replace the Development Policy Advisory Committee and the Development Assessment Commission and some of the provisions that relate to it are modelled on existing provisions applying to those bodies in the current Development Act.

Part 4—Community engagement and information sharing

What is the 'Community Engagement Charter'?

The Act provides for a new approach to engaging communities by providing reasonable, timely, meaningful and ongoing opportunities to gain access to information about proposals to introduce or change planning policies, participate in relevant planning processes and developing key planning documents.

A new 'Community Engagement Charter' will set out performance-based requirements for engaging community members on proposed changes to planning policies and rules. This will replace the prescriptive statutory requirements in the current Act with a more flexible approach that allows engagement to be tailored to suit the needs of each proposal and community.

The charter will be based on principles designed to foster and encourage constructive debate, weight engagement towards early stages of policy-setting, and promote use of plain language and easy-to-access formats.

Relevant entities proposing changes to planning documents will be required to comply with the charter, including where appropriate consulting with an affected council or the Local Government Association. The Planning Commission will have the authority to give directions to entities, or step in, if it considers the entity has failed to meet the standards set in the charter.

The State Planning Commission will be responsible for establishing and maintaining the charter. The charter, and subsequent amendments will be subject to the scrutiny of Parliament and potential disallowance.


How will online planning services work?

A major element of the new planning system will be the delivery of planning and assessment information and services through a new online platform. To achieve this, the Act requires the Chief Executive of the planning department to:

• establish a central planning website—known as the 'SA planning portal'; • maintain a 'planning database' which contains zoning and other planning information; and

• provide for the website to include search facilities in the form of an online atlas that can be used to access information held on the planning database.

Information entered in the website and database must comply with technical standards set by the Planning Commission. These will cover a range of issues, including ensuring the website meets accessibility requirements. Only parties authorised by the chief executive of the department will be able to amend the database.

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Members of the public will be able to lawfully rely on information published on the portal, including any version of an instrument and any report generated by the search facility. This will enable users to produce site specific or area wide maps, including council zoning maps.

Existing protections for confidential information have been migrated from the current legislation and enhanced to include matters which are commercially valuable or sensitive. The new system will also enable copyright issues to be better addressed (see below).

The system will be based upon a fair cost recovery model enabled by head powers in the Act. The Chief Executive is required to take reasonable steps to liaise with the Local Government Association before setting or varying of any contribution to be paid by a council.



This part is new, with some features relating to record keeping and freedom of information migrated from the current system.

Part 5—Statutory instruments

18—What are 'statutory instruments' and how do they relate to each other?

All of the key planning documents are grouped in Part 5 of the Act under the heading 'statutory instruments'. Instruments are divided into planning instruments and building-related instruments.

Planning instruments include:

• state planning policies; • regional plans; • the Planning and Design Code; and • design standards.

Building instruments include:

• the Building Code; and • Ministerial building standards.

Principles applying to the content of instruments include avoidance of duplication, use of proportionate regulatory approaches and adopts a performance-based approach that applies excellence in design practice.

The legislation also expressly provides that in general, any conflict between the Planning Rules and the Building Rules should be resolved in favour of the Building Rules. Exceptions exist for State and local heritage places and matters excluded by regulation. This means that matters best addressed through building controls will not be allowed to be replicated in the Planning Rules.

Where to look—Part 5 generally and section 57

19— What are 'state planning policies'?

The Act provides for the Commission to prepare 'state planning policies' which set out the government's overarching goals or requirements for the planning system.

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State planning policies are to be taken into account when preparing other statutory instruments such as regional plans and design standards. They are not to be taken into account for the purposes of any assessment decision or application.

In the case of proposals which require impact assessment, an environmental impact statement is required to evaluate the extent to which expected effects of a proposed development would be consistent with relevant state planning policies, and to provide any necessary commitments regarding avoidance, mitigation or management of any potentially adverse effects on any matter that may be directly relevant to a special legislative scheme. In effect, the state planning policies have a similar role to the non-spatial aspects of the Planning Strategy under the current Act.

The Act mandates there must specific state planning policies that provides for design quality (including universal design and best practice in access and inclusion), the integration of land use, transport and infrastructure, adaptive re-use of buildings and places, climate change and any special legislative scheme recognised by the legislation. The Commission also has the power to make state planning policies on any matters it thinks fit.


What is a 'regional plan'?

The Commission of its own volition, or in partnership with a joint planning board, must prepare a regional plan for each planning region (see above). A regional plan must be consistent with relevant state planning policies and include:

• a long-term vision (over a 15 to 30 year period) for the region or area, including provisions about the integration of land use, transport infrastructure and the public realm;

• maps and plans that relate to the long-term vision; • contextual information about the region or area, including forward projections and statistical data and

analysis as determined by the Commission or required by a practice direction; and • recommendations about zoning and a framework for development or management of infrastructure and the

public realm.

Regional plans may be divided into parts relating to subregions, and may include structure plans, master plans, concept plans or other similar documents. Regional plans prepared by a joint planning board must comply with any practice direction issued by the commission.

In effect, regional plans will have a similar role to the spatial volumes of the Planning Strategy that apply for each region under the current Act, with the new option of linking directly through to zoning changes. As with state planning policies, they are not to be taken into account for the purpose of any assessment decision or application, but an environmental impact statement will also be required to evaluate consistency with the relevant regional plan.

Where to look—section 64.

What is the 'Planning and Design Code'?

The creation of a new 'Planning and Design Code' will require a new approach to the drafting, presentation and interpretation of zoning rules. The new code will be based on a more design-oriented style of zoning that focuses on built form and mixed use development.

The Commission will be responsible for preparing and maintaining the code and, in consultation with councils, industry and communities, in accordance with the Community Engagement Charter. It is envisaged councils will be able to initiate amendments to the code with the agreement of the Minister acting on the advice of the Commission.

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The code will set out a comprehensive set of planning rules for development assessment purposes classified into zones, subzones and overlays. These will be applied in each region in a manner consistent with the relevant regional plan. This will make the code the single point of reference for development assessment.

The following principles will apply to the content of the code:

• zones will govern the basic use and form of an area; • subzones will be able to include additional rules relating to local character; • overlays will allow common issues that may apply across different zones and subzones to be addressed

(eg flood or bushfire risk); • specified provisions within the code will be able to be adapted or modified within pre-determined

parameters if agreed by the Minister; • the code will be able to indude performance requirements and design techniques; and • use classes and land use definitions will be incorporated in the code.

The code will contain a register of local heritage and significant trees based on the same provisions as the current Act. There are new requirements to identify the significant heritage components of the place to be listed, and for land owners to be consulted, in accordance with the Community Engagement Charter, regarding: the inclusion of a place under the Planning and Design Code as a place of local heritage value; or any proposed amendment would apply a heritage character or preservation policy having a similar intention or effect as a local heritage listing.

There is also a new right for landowners to appeal a local heritage listing applied to their property (on the same basis as a state heritage listing).

In addition, an area cannot be designated a heritage character or preservation zone or subzone unless, following consultation under the Community Engagement Charter, 51% of landowners within the relevant area agree.

Where to look—sections 65 to 68 and subsection 202(1) re local heritage appeal

22— What is a 'design standard'?

To increase the emphasis on design in the planning system, the Act enables the Commission to prepare design standards relating to the public realm and infrastructure. This is an important innovation and represents the first time a system-wide approach to public realm design has been provided for in planning legislation.

Design standards may:

• specify design principles and standards; and • provide design guidance in relation to infrastructure and public realm.

in any location, for the purposes of any infrastructure delivery or off-set contribution scheme under the Act (see below), for the purposes of a zone, subzone or overlay in the Planning and Design Code, or for the purposes of enabling as of right' development of essential infrastructure.

-

This will ensure that developers and the community share consistent expectations regarding the design of infrastructure and the public realm in a given area, while also providing protection from gold-plating and price-gouging. It will also assist with the integration of development between private land and the public realm.


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Who can change a designated instrument?

Under the new Act, state planning policies, regional plans, the Planning and Design Code and design standards are all referred to as 'designated instruments"

A proposal to prepare or amend a designated instrument may be initiated by the Commission acting on its own initiative or the request of the Minister and, in the case of a regional plan, a joint planning board.

The following entities may also initiate a proposal to amend a designated instrument with the approval of the Minister acting on the advice of the Commission:

• the Chief Executive; • a government agency; • a council; • joint planning board; • a provider of essential infrastructure; • an infrastructure scheme coordinator (appointed under Part 13); or • a land owner (Planning and Design Code or a design standard matters only).

This process covers amendments to the Planning and Design Code, and is streamlined in comparison to the current development plan amendment (DPA) process.

The Minister's approval of the initiation of an amendment may be subject to conditions. The Department's chief executive will provide oversight to amendments undertaken by infrastructure providers and land owners.

Consultation for any amendment process must be carried out in accordance with the Community Engagement Charter and with other persons or bodies as the Commission or proponent sees fit. The Minister will determine whether or not the amendment is to proceed, subject to appropriate levels of parliamentary scrutiny.

The above process will not be required for a change to a zoning boundary or application of an overlay under the Planning and Design Code, providing it is consistent with a detailed and specific recommendation in the relevant regional plan.

Existing provisions allowing for minor technical or operational changes and early commencement of amendments will be carried forward from the current Act.

The Planning, Development and Infrastructure Act preserves the central role of councils in maintaining the planning rules and zone boundaries in their area, as well as working with other councils and the state government on a regional basis. Councils will have an enhanced ability to amend a range of documents that are currently maintained by the Minister alone.

Reflecting existing law and practice, councils will be able to seek funding for amendment processes from private parties with an interest in the change being sought. Where such arrangements are in place, the Planning Commission must be consulted on the proposed changes.


How will parliament scrutinise amendments to planning instruments?

The Environment, Resources and Development Committee of the South Australian Parliament will have an expanded role in scrutinising planning instruments. Presently, the committee only considers DPAs, but under the new planning system it will also have a role in considering:

• state planning policies; • regional plans; • the Planning and Design Code; and

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design standards

Moreover, new provisions will encourage the Minister to engage with the committee before promulgating instruments on the basis that early engagement and agreement should negate the need for later scrutiny and disallowance. This encourages early engagement, addressing any concern that the current process makes the parliamentary scrutiny process an 'afterthought'.

In addition, changes to the boundaries of an environment and food production area' in Greater Adelaide will require parliamentary consent (see above).

Where to look—clause 74

How are the building rules recognised in the Act?

The Act continues to apply the national Building Code, as updated from time to time, on the basis of long-standing intergovernmental arrangements that provide for a common approach to building regulation across the nation.

Consistent with the current Act, application of the Building Code will be subject to variations, additions, exclusions or modifications which may be given effect via a 'Ministerial building standard' (which will replace existing Minister's specifications).

Similar to the existing Act, regulations may be made on a variety of building-related topics including the performance, standard or form of building work, and fire safety and other designated safety features. Ministerial building standards may also specify deemed-to-satisfy building Practices or techniques that will be taken to constitute compliance with the Building Code.

Where to look—Part 5, Division 3

How much change has been made under this part?

Most of the changes in this part relate to the new planning documents. Taken together, the state planning policies, regional plans, Planning and Design Code and design standards replace and augment the Planning Strategy and development plans that are provided for in the current Act.

The national Building Code and Ministerial building standards migrate provisions from the current Act relating to building controls. Parliamentary scrutiny and related procedural matters applying to planning instruments have been carried forward from the current Act with minor adjustments, other than the amendment process which has been adapted to allow for a wider range of parties able to initiate amendments.

Part 6—Relevant authorities

Who will make assessment decisions?

On the same basis as the current Act, provision is made for the constitution of 'relevant authorities' for the purpose of determining development applications.

A wider range of relevant authorities is envisaged and will be constituted in a number of different ways. This will help to better match decision-making responsibility to the scale, impact and risk of a proposed development, and expectations of development in a particular area.

There are five basic types of relevant authority envisaged:

. the Minister; Page 12 of 42


• the Planning Commission; • an assessment panel; • an assessment manager; and • an accredited professional.

Councils continue as relevant authorities for certain building-related matters, but otherwise a council-appointed assessment panel and assessment manager will be the relevant authority in their own right, rather than as a delegate, and may not be directed by the council in undertaking their statutory functions.

The following table summarises the assessment that each type of relevant authority may undertake.

Type of relevant authority What type of assessment How appointed

accredited professional • prescribed in regulations • accreditation scheme provided • currently applies to building rules in regulations

consent and certain types of 'complying' planning consents

• intended to apply to deemed-to- satisfy assessment

assessment manager • prescribed in regulations • appointed by the Chief • currently akin to delegated Executive or a joint planning

decisions board

• intended to apply to deemed-to- • must be an accredited satisfy assessment and a range of professional or meet other other, generally minor, prescribed criteria development • every assessment panel must

have a manager • an assessment panel may

review an assessment manager's decision, if an applicant so requests

• various appointment methods— see below

• generally appointed by councils

• appointed by Minister

assessment panel • prescribed in regulations • intended to apply to more complex

developments (performance-based and other assessment)

State Planning Commission • restricted development (not assessable unless commission determines)

• call-ins by the Minister due to state significance or delays

• developments outside of council areas

• Crown development and essential infrastructure

•Minister • impact assessable (other than restricted)

• commission prepares and releases assessment report

Where to look—section 82 and Part 6 generally

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28— What are the different types of assessment panel under the Act?

The Act envisages a range of assessment panels based upon a variety of factors.

Generally, council assessment panels will continue as the norm. However, there is provision made for:

• regional panels appointed by a joint planning board or by the Minister • a combined assessment panel established by the Minister to assess applications across different

legislation (e.g. planning and mining or liquor licensing) • the Minister to step in and replace the members of a council assessment panel where the council panel

fails to comply with statutory obligations.

Panels are to be composed of accredited professionals and panels established by joint planning boards or councils may include at least 1 elected councillor but may not include members of State Parliament. Panels may co-opt additional members from time to time to deal with matters requiring specialist advice or input.

The following table summarises how each is constituted.

Type of assessment panel How and when appointed Membership

council assessment panel • appointed by council . no more than 5 members

• must be accredited professionals but may include a maximum of 1 elected councillor

regional assessment panel • appointed by 2 or more councils • no more than 5 members (but

• appointed by joint planning board may vary if appointed by the

or by Minister Minister)

• existing regional panels will • must be accredited professionals

continue in effect

combined assessment panel • appointed by the Minister • membership determined by the

• may assess matters under other Minister

laws at the same time, eg mining or liquor licensinq


29—Who is an 'assessment manager'?

The Act recognises the important role undertaken by professional staff supporting assessment panels and the commission in their work. A new role of 'assessment manager' is created in the Act, regularising the current practice of delegations made to council and departmental planning staff.

Generally, an assessment manager will be an accredited professional appointed by the chief executive of a council or the department, but they may also belong to a class of persons prescribed by the regulations. Flexibility is provided for smaller councils by enabling assessment managers to be appointed for more than one assessment panel and to be contractors rather than employed.

An assessment manager:

• is to provide advice to, and coordinate the business of, an assessment panel; • may act as a relevant authority for specified matters (subject to review by the panel at the applicant's

request); and

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• is responsible for their performance to the person who appointed them (but is not subject to direction as a relevant authority).

The costs of the assessment manager are to be met by the appointing body, generally being the council. This reflects current practice of staff who act as delegates for councils or the department.

Where to look—Pad 6, Division 3

30—Who are 'accredited professionals'?

A key element of the Act is the creation of a new head of power for the Minister to establish a professional accreditation scheme that will lift the performance of, and improve confidence in, professionals undertaking functions across the planning system.

A person holding accreditation will be known as an accredited professional' and will be able to undertake assessment functions prescribed by regulation. It is envisaged this will see a substantial increase in the use of privately contracted professionals to certify deemed-to-satisfy applications, reducing costs for councils and time delays for applicants. At the same time, assessment panels will consist of accredited professionals able to objectively apply their relevant skills and knowledge to the decision making process.

The accreditation scheme itself will be administered by the Commissioner for Consumer Affairs, as the state's primary occupational licensing regulator. The scheme, to be created by regulations, will have the capacity to enable peak professional bodies to undertake accreditation of their members directly, under the supervision of the Commissioner. Consequential amendments will be considered to better link the scheme to the provisions of the Fair Trading Act 1987.

Because of this, the Act requires the Minister to develop the details of the accreditation scheme in association with the Commissioner. By providing an independent registration authority, this approach will help address the recommendations of the House of Assembly select committee into private certification.

The new accreditation scheme will:

• allow for different classes of accreditation based on professional qualifications and standing; • specify ongoing training requirements linked to periodic renewal of accreditation; • require the holding of professional indemnity insurance; • include arrangements for regular auditing of accredited professionals; • provide grounds for suspension or cancellation of accreditation; and • enable provision of accreditation by peak professional groups, subject to appropriate cost recovery

arrangements.

Related to their accreditation, professionals will be subject to statutory duties that regulate their behavior and ensure they are obliged to act ethically and in the public interest. Codes of conduct will govern issues in more detail, such as when a conflict of interest should preclude a professional from acting as a relevant authority. To assist in ensuring an adequate pool of panel members is available to serve in regional areas, the scheme will include simplified provisions for basic' panel membership.

Where to look—Part 6, Division 4 and Schedule 3

31— What call-in powers does the new Act feature?

Planning legislation has long allowed for the state government to call in specified development applications for assessment by a state-constituted assessment body. These features are continued and refined in this Act.

Classes of development may be specified as requiring assessment by the Minister, the commission or an assessment panel constituted by the Minister. For example, development that is impact assessable under the

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Act will always be assessed by the Minister, while development that is outside of a council area will always be assessed by the commission. This is similar to how the current Act works by assigning certain assessment matters directly to the Minister or the Development Assessment Commission.

In addition to procedural grounds (such as where a panel has failed to deal with an application in a reasonable period), the Minister may call a development in for assessment by the commission if, in the Minister's opinion, it:

• is of a major social, economic or environmental importance to the state; • involves benefits, impacts or risks that are of significance to the state; • has a cumulative effect that gives rise to issues of significance to the state; • would have a significant impact on a matter arising under another law; or • has impacts beyond one planning region or one council.

Additionally, the Minister may replace a council assessment panel with a panel appointed by the Minister if the Minister considers that the panel has consistently failed to comply with its statutory obligations, subject to the advice of the Commission in consultation with the relevant council (see above). Alternatively the Commission may advise that the council replace its own panel.

Where to look—sections 86 and 84(1)(d)


This part builds upon the concept of a 'relevant authority' in the current Act, with many provisions migrated or adapted from the current Act. Provisions relating to accreditation of professionals are a significant new feature of this part and replace provisions relating to private certification in the current Act.

Part 7—Development assessment—general scheme

How will the new assessment system work?

The Act introduces streamlined assessment pathways that will better tailor effort to match the scale, impact and risk of a proposed development. The new assessment system is structured around:

• a general scheme with planning, building and land division consents; • new assessment categories for planning consent and better tools for assessment facilitation; • improvements to the building-related aspects of assessment; and • special schemes for the assessment of essential infrastructure and Crown development.

Where to look—Part 7 generally and Parts 8 and 9

What consents will be required for a development approval?

On the same basis as the current Act, development must be approved and is to consist of a planning consent, building consent and land division consent as required. Provision for land division consent has been simplified as have requirements related to encroachments and contribution schemes.


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Do consents have to be approved in sequence?

The Act responds to recent case law which tends to suggest that consents must be obtained in sequence. A new provision expressly reverses this interpretation, while imposing an onus on applicants to obtain all relevant consents prior to undertaking development.

The Act also newly provides that planning consents may be granted for different elements of a development at different times and by different assessment bodies. This establishes a new capacity for hybrid' pathway options, should the applicant desire.

Council permits will no longer be required for the commercial use of council land, or alteration to infrastructure on council land, provided that the development has already been the subject of development approval, and is consistent with the relevant design standard. In some cases consultation with or the concurrence of the council may be required before development approval can be given. However, the relevant council will retain the ability to impose a reasonable charge on account of the encroachment created when the relevant development is undertaken.

Where to look—section 102(6), (7) and (10) and Schedule 6, Part 6

How will the ability to 'reserve' assessment matters be improved?

The ability to reserve certain matters for later decision is strengthened in the Act, addressing case law which has tended to constrain these to very minor matters only. Matters may be reserved at the initiative of the assessment body or on application.

An assessment body must reserve a matter for later decision on application if the matter is specified in the Planning and Design Code for this purpose. The code may also set limits for matters which should not be reserved, although generally any matter that is not fundamental to the nature of a development may be reserved for later decision.

This will provide greater certainty to applicants and councils in determining those matters that can or should be reserved for later decisions, helping to address the 'detail first' approach that has become entrenched in practice across the system as a result of court judgments over the years.

Where to look—section 102(3), (4) and (5)

What are the new assessment categories for planning consent?

For a planning consent, development may be categorised as:

• accepted; • code assessed; • impact assessed; or • restricted.

Code-assessed development may be further classified as being subject to 'deemed-to-satisfy' or 'performance-assessed' development.

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Development category Where designated

accepted development • regulations or Planning and Design Code

code assessed development • designated by Planning and Design Code as 'deemed-to-satisfy' development

i.e. 'deemed-to-satisfy' or • any development not designated as 'accepted', 'restricted' or 'impact

'performance assessed' assessed' development development

impact assessed development • regulations or Ministerial declaration

restricted development • Planning and Design Code

• can become 'impact assessed' development if commission so determines


What is the effect of being classified as 'accepted development'?

Development that is classified by the Planning and Design Code as 'accepted development' will not require a planning consent. However, on the same basis as the current 'building rules consent only' provisions, it may still require a building consent.

The Act will also continue to allow exclusions to be made from the definition of development by regulation, as in the current Act.


How will 'deemed-to-satisfy' and 'performance-based' code assessment work?

Code-assessed development may be either be categorised as:

• deemed-to-satisfy—which must be granted planning consent, on a similar basis to complying development under the current Act; or

• performance assessed—which must be assessed on its merits against the Planning and Design Code on a similar basis to merit assessment under the current Act.

Code-assessed development that is not categorised as deemed-to-satisfy is automatically treated as performance assessed development.

In relation to performance assessed development, only those elements of a development that do not meet deemed-to-satisfy criteria and are not accepted (and therefore do not require planning consent) are to be assessed. In essence, this is akin to a limited assessment process for complying development and building consent in the current Act.

This is a significant change to current merit assessment practices and will deliver quicker, simpler, more predictable assessment outcomes. Applicants will be able to seek separate consents for 'hybrid' pathways, ie for elements that are 'accepted', 'deemed-to-satisfy' and 'performance assessed'. It will be closely linked to the way in which the new Planning and Design Code is drafted and the design elements it specifies must be met by different types of development.

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In order to streamline assessment procedures, relevant authorities for deemed-to-satisfy development and any other class of development prescribed by the regulations will only be able to make one request for the applicant to provide additional documents or information in relation to their application.

In the assessment process for a proposed development which is assessed on its merits against the Planning and Design Code (performance assessed development) the Act retains the requirement that a development must not be granted planning consent if, in the opinion of the relevant authority, it is seriously at variance with the Planning and Design Code.

Where to look—Part 7, Division 2, Subdivision 3, and section 118

How will 'impact assessment' work?

Development will be 'impact assessed' if:

• it is specified in the regulations as requiring impact assessment; • it is specified in the Planning and Design Code as 'restricted', and the Planning Commission has

determined that it should be impact assessed; or • the Minister otherwise determines that it should be impact assessed.

Rather than being assessed against the Planning and Design Code, impact assessed development is subject to a scaleable environmental impact assessment process. To provide guidance, the Planning Commission is required to prepare a practice direction setting out assessment guidelines for impact assessment, including the preparation of an environmental impact statement (EIS).

The final decision on an impact assessed development is to be made by the Minister, based upon an EIS undertaken in accordance with directions of the commission. An EIS will be scaleable based upon the level of detail required by the commission. As part of the EIS process, the following will apply:

• there must be consultation with the Environment Protection Authority and other government agencies; • consultation will be undertaken with councils and members of the public; • the commission will prepare an assessment report to inform the Minister's decision; and • the Minister's decision will be subject to judicial but not merit review.

These steps mirror provisions in the current Act, with the exception of the existing privative clause intended to preclude judicial review—which is to be repealed. This exclusion will respond to case law and enable the state to align with federal environmental laws.

Where to look—Part 7, Division 2, Subdivision 4

When can 'restricted development' be assessed?

Development may be classified as 'restricted' by the Planning and Development Code. Restricted development may not be assessed unless the commission determines otherwise. This will enable the commission to provide an applicant with an 'early no' on a similar basis to non-complying provisions in the current Act.

The commission will be required to publish a practice direction setting out the circumstances under which it will be prepared to assess restricted development, and if it determines that an assessment is to be undertaken, how it is to proceed. Notification requirements will be specified in the regulations, with a right for those who make representations to appeal against the commission's decision.


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42— How will notification and appeal rights be changed?

Under the new system, notification and appeal rights will be directly linked to each category of assessment rather than being separately classified. This will replace the confusing categorisation processes contained in the current Act, and ensure a consistent approach to gateway assessment.

An important innovation is the capacity to require an on-site notice (on affected land) in appropriate circumstances as a way of giving notice to members of the public of proposed development that is subject to public consultation. Modelled on other legislative regimes such as liquor licensing, this will provide a simple and direct way to notify those most likely to have an interest in making representations.

On occasion, this requirement can be relaxed to cater for circumstances where it would be onerous or inappropriate (eg on remote or rural properties). This is comparable to the current regulations which provide for a public notification exemption in relation to developments that are generally appropriate to a particular zone—for example, dwellings in residential zones, factories in industrial zones, and shops in shopping centre zones.

The following table summarises the notification, consultation, review and appeal rights for each category of development.

Development category Notification and consultation Review and appeals

accepted development • no notification required • no appeal rights

deemed-to-satisfy development • no notification required • applicant may appeal substantive decision

performance assessed development • notification to adjacent land • applicant may appeal owners (except where substantive decision excluded by the Planning and Design Code)

property notice (except where excluded by the Planning and Design Code)

• representations may be made by any person (but only relevant matters may be taken into accounfl

impact assessed development • publication of EIS online for public comment within timeframe specified by a practice direction

• consultation with prescribed bodies including councils

only judicial review is available for decisions (this is currently precluded by a privative clause in the current Act that has been removed)

• representations may be made • no applicant or third party

by any person (but only appeals (same as current

relevant matters may be taken Act)

into account)

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Development category Notification and consultation Review and appeals

restricted development • notification to adjacent land • applicant may request the owners and other parties (as commission to review a determined by the commission) delegates initial decision to

• property notice (as determined refuse assessment but

by the commission) cannot appeal substantive decision

• representations may be made by any person (but only • third parties may appeal

relevant matters may be taken substantive decision

into account)

Where to look—sections 104, 105,106, 107, 110 and Ill

How are assessment conditions improved in the Act?

Similarly to the current Act, provision is made for conditions to be placed on assessment decisions. However, to address complex and unnecessary conditions that assessment bodies often apply, the Planning Commission will be given the power to issue practice directions which:

• set out requirements and provide guidance for the application of conditions; • prohibit certain conditions or classes of conditions; and/or • require certain conditions to be imposed.

A new capacity is provided to enable conditions to be attached to 'deemed-to-satisfy' decisions where needed to ensure Code compliance.


What is an 'outline consent' and how does it help case management?

As an alternative to the normal consent process, the Act provides a new capacity for an 'outline consent' to be sought by applicants in circumstances permitted by a practice direction issued by the Planning Commission. The effect of an outline consent is to bind the assessment body which grants it to grant any subsequent consents in a consistent manner. British planning law has successfully used outline consent processes for many years.

An outline consent will be best used for complex projects where 'in principle' approval is needed for financing purposes, but many complex matters of detail cannot be efficiently dealt with upfront. It is expected that one way of achieving an outline consent will be by submitting a master plan to the standard specified in a praètice direction.

Outline consent processes will dovetail well with case management practices that make use of the preliminary advice and agreement provisions (section 116) which have been migrated from the current Act.


45—What is 'design review' and when it is applied?

The Act provides for applicants for development approval of a class specified by the Planning and Design Code to seek the advice of a design panel. A design panel may be established, in accordance with a scheme determined by the Minister (and which will ensure panel members hold prescribed qualifications), to provide advice about the design of proposed developments and how they could be changed or improved.

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Any advice provided by a design panel must be taken into account by a relevant authority determining the application. The Act also includes a power to charge a fee for the provision of advice if that is deemed appropriate in the circumstances.

It is expected that design review may be required for complex projects that take advantage of an outline consent as part of a case management process, on a similar basis to the successful design review process instituted in the inner city of Adelaide for large-scale development.


What is a 'deemed planning consent'?

Where an assessment body fails to make a decision on a development application within the time prescribed by regulations, applicants will now have the option of triggering a 'deemed planning consent', subject to council veto.

This is based on equivalent provisions available in the planning laws of other parts of Australia such as Queensland and Tasmania and will reverse the 'deemed refusal' process that applies under the current Act, which does not provide the incentive needed to promote adherence to decision-making timeframes.

The process for a seeking a deemed planning consent is as follows:

• where a timeframe is not met, the applicant may serve notice on the relevant authority; • on receipt the authority will be taken to have granted the consent; • the authority has up to 10 business days to issue its own consent with or without conditions, which—if

issued—supersedes the deemed consent; and • if the authority fails to issue its own consent, the standard conditions specified by a practice direction will

apply to the deemed consent.

The authority then has one month within which to apply to the court for an order quashing the consent.

It is envisaged these steps will be managed quickly and easily using the new e-planning system.

The ability for an authority to apply to the court for the consent to be quashed will guard against administrative mistakes that could lead to undesirable outcomes.

A deemed planning consent will not be available for impact assessable development, building consent or land division consent.


What changes will be made to building consents?

The Act migrates most of the current requirements relating to the granting of a building consent. However, a number of small but important improvements have been made.

In particular, the provisions relating to accessing neighbouring land for building work purposes now include an additional subclause which grants building owners the right to install flashings between two buildings (including a building on an adjoining allotment) even where flashings would overlap a property boundary. This will help to address a common issue raised relating to walls on boundaries.

The Act also removes the exclusion of Crown-owned buildings from certain requirements for building consent. This provision is considered out-of-date and Øromotes the notion that government should be immune from important safety-related laws.

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Provisions relating to building activity and use including swimming pool and other safety features are included below.

Where to look—Part 7, Division 3, as well as Part 11, Divisions 1-7

How will referrals be improved?

The process of referrals will be streamlined in the Act through a number of means.

Firstly, government agencies will be encouraged to work with the Commission and Department to make amendments to the Planning and Design Code that address policy issues in preference to seeking referrals. This is reinforced by a provision which requires the Planning and Design Code to include policies that will be applied by a referral body in giving referral advice (unless the Minister is satisfied that this is not necessary). These policies will provide greater up-front certainty to applicants as to the performance and other outcomes sought by those agencies, and the thresholds beyond which referrals will be required.

There will also no longer be referrals for advice. Referrals will, in future, be confined only to matters for direction. Referral bodies will be statutorily required to confine their comments to matters relevant to the purpose of the referral and within their field of expertise.

To avoid lengthy time delays on matters of detail, applicants will have the option of deferring a referral to be addressed later as a clearance or reserved matter. This will allow applicants to tailor the order in which consent matters are addressed in a manner which suits their project needs. The applicant will be required to accept any risk that a subsequent referral may negate, or require amendment to, the head consent.


How will the overlap between the planning system, and consents and permits

under other laws be addressed?

The commission is required to establish, by practice direction, a scheme to ensure that planning assessment or controls including conditions do not conflict with nor duplicate matters dealt with or addressed under another licensing or regulatory regime under another Act.

Consequential amendments are made to the Local Government Act 1999 to similarly address duplication and inconsistency between development authorisation and council permits, particularly where resulting delays would compromise the viability of a proposed development.

Council permits will no longer be required for encroachments onto council land, or for the commercial use of council land, or alteration to infrastructure on council land, provided that the development has already been the subject of development approval, and is consistent with the relevant design standard. In such cases, however, the relevant council will retain the ability to impose a reasonable charge on account of the encroachment created when the relevant development is undertaken.

The Liquor Licensing Act 1997 is amended to prevent duplication and dual regulation, by:

• requiring the Commissioner of Liquor Licensing to ensure that licensing decisions and conditions do not conflict with nor replicate matters addressed under the planning system; and

• to preclude a council from intervening in licensing decisions in its area that touch on planning matters covered under the Act.

These amendments are discussed in more detail below.

Consequential amendments to a range of legislation will be considered with the aim of establishing a similar linkage with other statutes to that which currently operates between the Development Act and the Environment

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Protection Act 1993. The effect of this linkage, enacted via section 47(2) of the Environment Protection Act at the same time as the original Development Act was enacted in 1993, ensures that where a development proponent has acted in accordance with referral advice or a direction from the Environment Protection Authority, any subsequent application for an environmental licence issued under that Act is dealt with consistently with that advice or direction. This mechanism could be applied to other similar related statutes.

Where to look—sections 42 and 102(10), and Schedule 6, Parts 5 and 6

How will variations to development consents be catered for?

A new provision makes it clear that a variation to a development consent may be granted without the need for all the usual processes that would normally be required for a new application. This will address a common concern that minor variations are being unnecessarily treated as wholly new matters, thereby over-burdening the assessment process.

Detail supporting this provision will be specified by regulation, and is likely to remove the need for consultation and notification on minor matters that are within the expectations of the original consent.



Many features of the development assessment scheme in this part will be familiar to practitioners and regular users of the planning system. Rather than wholesale change, reforms have been targeted and involve specific alterations that address known issues. The basic framework of consents and pathways has been maintained, albeit with new terminology and processes in some cases.

New pathways replicate some key features of existing pathways, while providing more flexibility for applicants. Councils will retain responsibility for issuing building consent and development authorisation.

Part 8—Development assessment—essential infrastructure

What is 'essential infrastructure'?

The Act provides two new assessment pathways for essential infrastructure.

Essential infrastructure is defined to include:

• equipment, structures, works and other facilities used in or in connection with the generation, distribution or supply of electricity, gas or other forms of energy;

• water infrastructure or sewerage infrastructure; • transport networks or facilities (such as roads, railways, busways, tramways, ports, wharfs, jetties, airports

and freight-handling facilities); • causeways, bridges or culverts; • embankments, walls, channels, drains and earthworks; • civil buildings and facilities; and • other matters prescribed by regulation.


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53—What is a 'standard design' and how does it streamline the assessment of

essential infrastructure?

Where essential infrastructure

• complies with a standard design made by the Planning Commission (by way of a design standard); and • is located in an infrastructure reserve (defined as land identified for infrastructure in the Planning and

Design Code or as a statutory easement under another law, identified by regulation),

the infrastructure does not require a planning consent, and may instead be granted authorisation by an accredited professional. This will remove the need for cumbersome assessment processes to be undertaken for infrastructure that is necessary and cannot be reasonably re-designed or located elsewhere.

Priorities for preparing design standards will be discussed with infrastructure providers and councils as part of the implementation program for the Act. Common trenching and infrastructure design that fits better with urban settings will be progressed in this context.


What is the alternative assessment process for essential infrastructure?

Where the streamlined process based on a standard design is not available for essential infrastructure, an alternative assessment pathway is provided which is modelled on provisions in the current Act that provide for electricity infrastructure approvals. This pathway is in addition to the general scheme or Crown development assessment, if the government is a party, which may also be used to assess essential infrastructure.

In such cases:

• an infrastructure provider may apply to the Planning Commission for approval of the infrastructure; • the commission is required to consult with relevant councils and, if the infrastructure is more than

$10 million in value, must also undertake public consultation; • the commission then reports to the Minister who may conditionally or unconditionally approve the proposed

development; • prior to the commencement of any proposed work it must be certified by a building certifier; and • once the Minister approves a development under this provision no other assessment procedure or

requirement applies.

However, if the Minister directs that an environmental impact study be prepared, this process does not apply, and an impact development assessment will instead be required.

This process will not apply to any development in the Adelaide Park Lands.



The standard design approach to essential infrastructure is the major change in this part.

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Part 9—Development assessment—Crown development

How does the Act alter provisions relating to development undertaken by

government agencies?

Existing provisions relating to Crown development have been migrated into the Act from the current Act. One of few variations in the Act permits a government agency to determine to proceed with an assessment under the general assessment scheme rather than being locked into the Crown development pathway. This codifies existing practice and better reflects the intent underlying the pathway.

This process will not apply to any development in the Adelaide Park Lands, other than in specified parts of the Institutional District.



This part largely follows the existing provisions.

Part 10—Development assessment and approval— related provisions

How does the Act address access to adjoining land for building purposes?

The Act varies current access provisions to make them easier to use.

The current Act provides a scheme for negotiation of access rights for the purpose of undertaking building work affecting stability of land. This provision is continued.

In addition a new provision extends this provision to other building work and provides that, where negotiation for reasonable access fails, the Environment, Resources and Development Court may grant a permit authorising access.


How does the Act address council inspection policies?

The Act provides for quality control of development within council areas by allowing the commission to issue practice directions requiring a council or group of councils to carry out inspections of development undertaken in their respective areas. This replaces existing building inspection policies in the current Act, newly requiring the commission to issue practice directions regarding council inspection policies. The Commission must do so having regard to eg the financial and other resources of the council and community affected as well as the potential impact of a failure to inspect development in the area.


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How does the Act provide for activities affecting walls on boundaries?

The Act details the process, notification and consent requirements, entry powers and apportionment of costs where owners propose to build or convert an existing structure into a party wall, based upon the provisions in the current Act.

This provision is extended to deal with the issue of flashings installed on or above walls so that they may extend over the site boundary.



Aside from those variations addressed above, existing approaches have been migrated from the current Act—including:

• non-retrospectivity maintained in regards to requirement for building up-grades; • urgent building and tree-damaging activity permitted where needed to protect any person or building and in

other prescribed circumstances; • approval otherwise required for tree-damaging activity in relation to regulated trees; • land division certificates required; • an authority's ability to take action if development not completed retained; and • an applicant's ability to cancel a development authorisation retained.

Part 11—Building activity and use—special provisions

How is swimming pool and building safety addressed?

Planning law has for some time required older swimming pools to be upgraded with contemporary safety standards upon sale of a property. The Act extends this provision to other safety features that may, from time to time, warrant similar attention.

Regulations may specify requirements in relation to designated safety features' for swimming pools or for buildings. Examples for buildings could include smoke alarms or the like. The regulations may include requirements for installation, maintenance, replacement or upgrades of designated safety features on occurrence of a 'prescribed event' such as sale or lease of the property.

The commission may issue a practice direction requiring a council or group of councils to carry out inspections to ascertain compliance.


How has fire safety been improved?

The Act provisions relating to fire safety mirror the current Act requirements with a minor amendment to the constitution of an appropriate authority, commonly known as a Building Fire Safety Committee, in relation to fire authority membership. This will make it administratively simpler for a fire authority to nominate its representation on committees.


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How much change has been made in this part?

Existing provisions relating to assessment matters have been migrated into the Act from the current Act with only minor variation, including that to provide for flashings on party walls, and for the commission to provide practice directions in relation to council development inspections, described above. The provisions relating to swimming pool safety features in the current Act have also been expanded to cover safety features for buildings as well, with detail to be prescribed by regulations. Other building related provisions are described elsewhere in this document.

Part 12—Mining—special provisions Existing provisions relating to mining have been migrated into the Act from the current Act without change.

Part 13—Infrastructure frameworks

What is an 'infrastructure delivery scheme'?

The Act provides for 'basic and general infrastructure delivery schemes', which are legally binding arrangements for the delivery of basic and essential infrastructure in a defined scheme area. Essential infrastructure is defined broadly (see above).

Basic Infrastructure Schemes apply to the provision of a subset of essential infrastructure and includes equipment, structures, works and other facilities used in or in connection with, the generation, supply and distribution of electricity, gas or other forms of energy, water and sewerage and communications, as well as roads or causeways, bridges or culverts associated with roads; stormwater management infrastructure; or associated works or earthworks.

General Infrastructure Schemes are concerned with the provision of essential infrastructure such as roads, transport networks or facilities causeways, bridges, embankments, walls, channels, drains, health, education or community facilities; and police, justice or emergency services facilities

Where to look: basic infrastructure—section 162 general (essential) infrastructure—subsection 3(1)

How is an infrastructure delivery scheme initiated?

The Minister, after seeking the advice of the Commission may, on his own initiative; or at the request of another person or body (which could include a council, a developer, an urban renewal precinct authority or an infrastructure provider among others) initiate a scheme for the provision and delivery of basic or general infrastructure and put in place the appropriate funding arrangements.

It is important to note that in initiating an infrastructure scheme the Minister can only act on the advice of the Commission. In providing this advice to the Minister, must take into account, any relevant state planning policy, regional plan, and relevant provisions of the Planning and Design Code (including any amendments which might be made in connection with the potential or proposed development. The Commission's involvement ensures the process to initiate a scheme is independent, accountable and transparent.

Basic infrastructure Schemes

The scheme is initiated by the Minister preparing a draft outline of the scheme that provides detailed information about the nature and intended scope of the basic infrastructure, any related development that is

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proposed to be undertaken as part of the scheme, identifies the proposed designated growth area, proposed timing or staging of the various elements of the scheme, provides information about the person or body that will be carrying out the work, and any basic infrastructure or other assets that might be expected to be transferred to another entity when the scheme has been completed.

The draft outline also assesses the costs and benefits of the scheme and outlines a funding arrangement for the scheme, including whether it is proposed to impose a charge.

In preparing the draft outline, the Minister is obliged to facilitate the provision of infrastructure that is fit for purpose, capable of adaptation as standards or technology change, capable of augmentation or extension to accommodate growth or changing circumstances, designed and built to a standard appropriate to the development; and capable of being acquired and delivered in a timely manner.

In considering whether or not the scheme should impose a charge on landowners, the Minister must consider whether it is reasonable to use other sources of funding and any other any schemes or arrangements that are already in place or planned for the provision of basic infrastructure or the undertaking of works within the designated growth area.

The Part 13 provisions also require the Minister to take reasonable steps to consult with land owners, persons proposing to undertake development within the proposed designated growth area, affected councils and any other person or body as the he or she thinks fit.

Once these steps have been the completed, the Minister must publish the draft outline of the scheme in the Gazette and on the SA planning portal, along with any advice furnished by the Commission in relation to the draft outline which may be redacted to protect commercially sensitive information.

The Minister will then refer the proposed scheme to the Chief Executive for the appointment of a scheme coordinator.

General Infrastructure Schemes

General infrastructure schemes apply to the provision of essential infrastructure such as roads, transport networks or facilities causeways, bridges, embankments, walls, channels, drains, health, education or community facilities; and police, justice or emergency services facilities.

The Minister may initiate a general scheme for 1 or more of the following purposes:

to facilitate development or significant urban renewal through supporting and advancing the provision of infrastructure;

to provide a mechanism for the equitable distribution and apportionment of the costs of essential infrastructure;

to assist in the augmentation of capital available to fund essential infrastructure; or

to provide an incentive for the provision of essential infrastructure (including through private sector investment) by providing certainty through the establishment of the scheme.

A general scheme is initiated by the Minister preparing a draft outline of the scheme that provides detailed information regarding:

the nature and intended scope of the infrastructure;

any related development that is proposed to be undertaken as part of the scheme;

identifies the location of the proposed scheme and if a funding arrangement includes a proposal for the collection of contributions specifies the area or areas (to be called a contribution area) in which contributions are intended to be imposed;

the proposed timing or staging of the various elements of the scheme;

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provides information about the person or body that will be carrying out the work, and;

any basic infrastructure or other assets that might be expected to be transferred to another entity when the scheme has been completed.

The draft outline also assesses the costs and benefits of the scheme and outlines a funding arrangement for the scheme, including whether it is proposed to impose a charge.

In preparing the draft outline, the Minister is obliged to facilitate the provision of infrastructure that is fit for purpose, capable of adaptation as standards or technology change, capable of augmentation or extension to accommodate growth or changing circumstances, designed and built to a standard appropriate to the development; and capable of being acquired and delivered in a timely manner.

In considering whether or not the Scheme should include a proposal for the collection of contributions from landowners, the Minister must consider whether:

it is reasonable to use other sources of funding instead;

the impact of the scheme on any council after taking into account any submissions from the affected councils;

the extent to which any infrastructure will directly benefit the development potential, capacity, use, value or amenity of the land;

the infrastructure will benefit the people required to make contributions; and

any other any schemes or arrangements that are already in. place or planned for the provision of infrastructure or the undertaking of works within the designated growth area.

In addition the Minister must also take reasonable steps to consult with affected councils, any land owners who would be directly impacted by any infrastructure or associated works, and any other person or body as he or she thinks fit.

Once these steps have been the completed, the Minister must publish the draft outline of the scheme in the Gazette, and on the SA planning portal along with any advice furnished by the Commission in relation to the draft outline which may be redacted to protect commercially sensitive information.

The Minister will then refer the proposed scheme to the Chief Executive for the appointment of a scheme coordinator.

Where to look: basic infrastructure—section 163 general infrastructure—section 164

67— What is a 'scheme coordinator' and what do they do? The scheme coordinator's role is to prepare, scope, and cost proposals for the scheme in accordance with any relevant design standards, develop a work program, undertake consultation in relation to the scheme in accordance with any requirement under the Community Engagement Charter, develop any funding arrangements and any other functions assigned by the Chief Executive.

If the scheme is adopted the scheme coordinator is responsible for overseeing delivery of any infrastructure or works, advising the Minister on:

the enforcement of any charges and the levels and amounts of any contributions;

what should happen on the completion of the works associated with the scheme;

3. any other matter at the request of the Minister or as the scheme coordinator thinks fit.

In addition, the scheme coordinator is also responsible for, insofar as is reasonable, seeking out and bringing to the attention of the Chief Executive any additional or alternative funding sources that could ensure that charges

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and contributions under any funding arrangement for infrastructure under the relevant scheme as kept as low as possible.

The scheme coordinator may be assigned other tasks by the Minister after consultation with the Chief Executive.

In carrying out their duties the scheme coordinator will be guided by: an enforceable code of conduct pursuant to Schedule 3; guidelines and principles regarding the development of funding arrangements, and proposals for the imposition of charges and contributions (see subsections 166(2) and (5) and the procurement and delivery of infrastructure subsection 168(2)).

The scheme coordinator may be a suitably qualified person, a committee or a precinct authority and is appointed (or removed) by the Chief Executive acting with the concurrence of the Commission.

Where to look—sections 165, 166, 167 and 168

68— How is an infrastructure scheme adopted? When the Minister receives a report on the proposed scheme from the scheme coordinator he or she may determine to do one of three things:

proceed with the scheme as set out in the report;

proceed with the scheme with scheme subject to any variations, exclusions or indusions as the they think fit; or

not to proceed with the scheme.

If the Minister decides to proceed with the scheme as set out in the report without any changes, he or she must publish the final report in the Gazette and on the SA planning portal.

However, the Minister before making any significant variations to the scheme must refer it back to the scheme coordinator for their consideration, review the inclusion of any proposed charges, seek the advice of the Commission, and take reasonable steps to consult with affected councils, landowners or any other person or body the Minister determines to be relevant.

Any variation made to the scheme must be published in the Gazette and on the SA planning portal.

Once a scheme has been adopted by the Minister, the Chief Executive must ensure that the Commission is kept informed about the operation of the scheme and any significant changes made to it.


69— How is an infrastructure scheme funded?

Basic Infrastructure Schemes

A funding arrangement for a basic infrastructure scheme consists of a charge on land being placed over land within a designated growth area and:

• may provide for the adjustment of the charge under an index, or at a rate, determined or approved by ESCOSA, or some other prescribed person or body; and

• must also specify arrangements for the periodic review of the charge and may provide for any matter to be considered or determined by ESCOSA, or some other prescribed person or body.

A funding arrangement for a general infrastructure scheme may consist of one of more of the following:

the provision of funds from public or private sources (including guarantees provided by the Treasurer);

• exemptions from 1 or more state taxes, levies or local government rates;

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• in the case of a charge associated with a basic infrastructure scheme, the imposition of a charge, including by establishing a designated growth area; and

• in the case of a general infrastructure scheme, the collection of contributions including by designating the relevant contribution area or areas.

In addition the funding arrangement may also include:

• a scheme for rebates and other adjustments in relation to contributions, and provide for any charge or other amount to be imposed, collected, rebated or adjusted according to a determination of ESCOSA, or of some other specified person or body, and;

• a scheme for other works to be undertaken on an "in kind" basis and provide for other matters determined by the Minister.


A general infrastructure scheme, must specify arrangements for the periodic review of the levels and amounts of contributions and may provide for any matter to be considered or determined by ESCOSA, or by some other prescribed person or body, on application by the Minister or a council.

A funding arrangement or variation to a funding arrangement has no force or effect unless or until it has been approved by the Governor by notice published in the Gazette.

The Governor can only approve a general infrastructure scheme if two preconditions have been satisfied:

First, the Minister must only recommend to the Governor the funding arrangement be approved after receiving a report in support from the State Planning Commission which also sets out the results of the consultation it has undertaken in relation to this matter with the person or bodies to be consulted: infrastructure providers, land developer (or their representatives), the LGA, relevant councils or councils and any other person or body specified by the Minister.

In making a recommendation in support to the Minister, the Commission must also be satisfied that the contributions, rebates and other adjustments which form the funding arrangement are fair and equitable, would not unreasonably disadvantage small landowners and the matters and principles referred to in clauses 156(5) and 158(2), which, respectively refer to the impacts and desired effects of the contribution charges have been considered.

Second, the funding arrangement must have been approved by 100 percent of the owners of private land (non-government land) within the contribution area or areas.

Where the Governor approves or varies a funding arrangement, the Minister must prepare a report that sets out the funding arrangement and information about any contribution that is to be collected or, if relevant, the extent of a variation, furnish a copy of the report to the ERD Committee, and publish a copy of the report on the SA planning portal.

On receiving the report the ERD Committee has 28 days within which to resolve to either, not object to the contributions scheme; suggest amendments; or object.

If at the end of 28 days (excluding the period 15 December to 15 January inclusive and any election period), the ERD Committee has not made a resolution, it will be conclusively presumed it does not object to the contributions scheme and does not propose to suggest any amendments.

If the Committee resolves to suggest an amendment, the Minister may proceed to make the amendment; or report back that he or she are unwilling to make the amendment.

The ERD Committee may then either object or not object to the contributions scheme.

If it objects, then copies of the report furnished to the ERD Committee must be laid before both Houses of Parliament.

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If, within 14 days of the report being laid before it, a House of Parliament passes a disallowance resolution, the contributions scheme will cease to have effect.

However, if the Minister consults the ERD Committee before the contributions scheme has been finalised the Committee may resolve that a report does not need to be provided to it and will come into effect when approved by the Governor and published in the Gazette.


70—When do the charges or contributions become payable?

Basic Infrastructure Schemes

The Basic Infrastructure Scheme is a one off charge to land owners within the designated growth area (which is specified when the scheme is set up) at the time the land is subdivided or work starts on the development. Therefore there is no need to contribute to infrastructure unless the landowner intends to develop their land at the time the scheme is put in place or at some time in the future.

If for example a scheme is put in place which encompasses a food producing area, individual farmers will be free to continue working their land and not contribute. The contribution charge will only become payable if the land is subdivided, or work starts on a development.


General Infrastructure Schemes involve a contribution that is applied to landowners within a specified area or areas (the 'contribution area') that is paid over a period of time. The requirement for persons within a General Infrastructure Scheme contribution area to make or begin to make contributions will be related to the point when a benefit will begin to, or is intended to accrue and will be triggered by events which, for example, could include:

. the division of land;

a change to the Planning and Design Code; or

an approval or the undertaking of the development (which can indude the construction of infrastructure).

However, it must be emphasised, a General Infrastructure Scheme can only proceed if all the landowners within the contribution area agree to participate.

Where to look: basic infrastructure schemes—section 166(2)(c) and 166(3). general infrastructure schemes—subsections 166(5)(1)(d)(i)(B) and 166(5)

71— What happens when a scheme is wound up? Schemes may be wound up by the Minister on the recommendation of or after consultation with the scheme coordinator. Generally a scheme will be wound up when all the works within the scheme's scope have been completed or if there has been a change in circumstance that necessitates winding up.

On winding up a scheme, the Minister may:

. transfer the scheme's assets and liabilities to a relevant government agency; or

. vest assets in councils or infrastructure providers (if agreed).

The Scheme's associated statutory fund is wound up by the Treasurer who may transfer any balance to the Planning and Development Fund, another fund or account, or other purpose. Any contributions collected as part of a general infrastructure scheme must be applied to for a purpose that benefits the community in the contribution area. The Treasurer may only act after consulting with the Minister.


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What powers are conferred to undertake infrastructure works? To discharge their functions, scheme coordinators and infrastructure providers authorised by an infrastructure delivery scheme need powers to carry out the works envisaged by a scheme. A range of these are set out in the Act, reflecting powers available under a number of other laws.

Works powers include:

• installing, altering, or demolishing infrastructure;

• operating or maintaining infrastructure;

• undertaking earthworks and other works on land;

• carrying out road works and installing traffic control devices;

• carrying our rail works;

• carrying out water management works; and

• various other ancillary powers.

There is also a power to enter, pass across or temporarily occupy land, and to acquire land in accordance with the Land Acquisition Act 1969.

The chief executive of the planning department may, with Ministerial approval, take over any work being carried out by the scheme coordinator or another party if considered necessary to do so. For this purpose the chief executive is incorporated, enabling her or him to enter into contracts and exercise other powers of a body corporate.

Where to look—section 185 tol91

How much change has been made under this part? This part is new, but some provisions have been adapted from the Natural Resources Management Act 2004 and various infrastructure laws.

Part 14—Land management agreements

Existing provisions relating to land management agreements have been migrated into the Act from the current Act with minor adjustments to provide that validity of an agreement is no longer dependant on its inclusion on a register in accordance with the regulations, but retain the provision that the agreement is of no force or effect until noted on the title of the property.


Part 15—Funds and off-set schemes

What has happened to the Planning and Development Fund?

The Act continues existing provisions establishing the Planning and Development Fund and provisions regarding the application and management of the fund remain substantially unchanged. For increased flexibility, the fund's uses have been expanded toinclude providing assistance or grants to a joint planning board, another entity acting under this act, or an entity acting under the Urban RenewalAct 1995.

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What are 'off-set schemes' and how do they work? The Act provides for a range of 'off-set schemes' including the existing open space contribution scheme and urban trees funds. Transitional provisions will migrate existing car-parking funds which will in future be included under the new off-set schemes.

A new feature is the capacity to establish other schemes, beyond existing car-parking funds, for 'off-setting contributions'. This allows the Minister, a council or a joint planning board to establish a scheme that facilitates delivery of 'provide or pay' contributions in the public interest by new developments in particular locations or of a specified class. Subject to the terms of the scheme, the designated entity responsible for establishing the scheme can accept 'in kind' work or contributions in lieu of works to provide for or address a particular matter identified by the scheme. On winding up of a scheme the Minister may determine how any amount in credit may be used or applied.

A scheme may include the ability for the person proposing to undertake a development or who will obtain benefit from it to:

. make a contribution to a fund established as part of the scheme;

. undertake work or achieve some other goal or outcome on an in kind basis;

or do both of the above.

Schemes will be governed by the terms of the Planning and Design Code and relevant design standards where they deal with the public realm or infrastructure.

This new feature will provide a more flexible arrangement that enables councils to administer targeted streetscape or other improvements in an area, while also allowing the state to leverage broader outcomes such as affordable housing.


How has the open space contribution scheme been changed?

The existing open space contribution scheme will be maintained.

However, an important adjustment will be made to the scheme in this Act. Where a person applies to construct a multi-unit building the Planning Commission may require the applicant to make a monetary contribution as specified in the regulations. The will address the inconsistency in the current law which allows serviced apartments and similar multi-unit dwellings to avoid making a fair contribution to the open space scheme by choosing not to subdivide the building into individual units.

Where to look—clauses 198 and 199

How much change has been made under this part? Provisions relating to the open space scheme and urban trees funds have been migrated from the current Act. the new schemes for 'off-setting contributions' replaces the ability to establish a car-parking fund under the current Act with a wider scheme of off-sets enabling monetary or in kind contributions to be made to a variety of community benefits.

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Part 16—Disputes, reviews and appeals

What types of decisions are subject to a right of review? The Act establishes a right of review and appeal for matters related to development authorisations, local heritage listings, restricted developments, certificates of occupation of buildings on a temporary basis, the construction of party walls or the proportion of the expense to be borne by the respective owners, and associated matters and the application of the Building Rules. Most of these reflect existing appeal rights that have been migrated from the current Act.


Will all reviews have to go to court? Under the current Act, reviews of development authorisation decisions are made by the Environment, Resources and Development (ERD) Court through formal pre-hearing conferences or hearings. The Act will provide alternative options additional to this.

Applicants will be able to apply for a review of an assessment manager's decision by the relevant assessment panel. A desktop review option will also be available from the court.

Where to look—section 203 and Schedule 6, clause 18

How much change has been made under this part? Apart from new review rights in some circumstances, all other appeal rights available under the current Act will be migrated to the new system. For example, ERD Court review will be newly available for applicants in respect of decisions relating to proposals classified as 'restricted' development. In addition, the Act omits the privative clause in the current Act in relation to major projects that are called in to the Minister or Planning Commission, no longer purporting to preclude judicial review of decisions in relation to such matters.

Part 17—Authorised officers Existing provisions relating to authorised officers have been migrated into the Act from the current Act.


Part 18—Enforcement

How have the penalties changed? Penalty levels were reviewed and compared with those in the current system.

The penalties in the Act have been amended so that they are more consistent in their application across like offences and generally reflect levels appropriate given the nature of offending and the need to deter contraventions.

For example a Division 1 penalty at present has a maximum $60 000 fine or 15 years imprisonment whereas under the Act the highest fine is $250 000 and maximum imprisonment term is 2 years. Moreover, corporate multiplier penalties are also included in planning law for the first time (see below).

Penalties are no longer classified into divisions but now have a prescribed maximum. As in the current Act, default penalties apply for certain penalties (ie for each day offending continues after conviction).

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The Act allows for imposition of penalties, not exceeding $10 000, for breaches of the regulations. It also allows for fixing of expiation fees not exceeding $750 for any offence against this Act or the regulations.

Where to look—Part 18, Divisions 1 and 2

82—What new sanctions are available? The Act provides for a range of new sanctions designed to improve compliance and provide greater deterrence to potential offenders.

Existing rights of civil enforcement (including by third parties) are continued, with power to enable the court to make various orders including payment of compensation for losses or damages incurred.

In addition to existing penalties and order-making powers carried over from the current Act, new enforcement options and penalties include:

• enforceable voluntary undertakings;

• adverse publicity orders;

• orders for recovery of economic benefit; and

• corporate multiplier penalties and directorial liability.

The commission will also have the ability to substitute civil penalties in lieu of criminal penalties.

Where to look—Part 18 generally

Enforceable voluntary undertakings Modelled on consumer law, the Act includes the ability for the chief executive to enter into enforceable undertakings in lieu of criminal proceedings. An undertaking does not constitute an admission of guilt, but failure to comply with its terms is sufficient grounds for the chief executive to apply to a court for enforcement of the undertaking.

This provision is designed to be used in relation to repeated failures that come to light from time to time as an alternative to court proceedings.


Adverse publicity orders If a person is found guilty of an offence the court may make an adverse publicity order which requires the offender to publicise or to notify a person or class of persons of the offence, its consequences, the penalty imposed and any other related matter.

The offender is also required to report to the State Planning Commission as to the action they have taken in accordance with the order.

Non-compliance by the offender can result in the court providing an order to the commission permitting action to be taken. The commission is entitled to seek any costs associated with taking action from the offender.


Recovery of economic benefits In addition to any penalty, the court may order a person to pay to the commission an amount not exceeding its estimation of the amount of economic benefit acquired, accrued or accruing, as a result of a contravention. This new penalty will allow commercial profits made from breaches to be confiscated if the court considers it appropriate to do so.

Where to look—section 229 Page 37 of 42

Corporate multiplier penalties and liability A number of provisions create additional enforcement options in relation to bodies corporate. Corporate multiplier penalties, directorial liability and the like are designed to target enforcement against companies which stand to profit from breaches of planning rules, to prevent penalties being treated as a 'cost of doing business'.

Where to look—sections 220, 221, 226 and 227

How much change has been made under this part? In addition to existing civil enforcement rights continued from the current Act, the Act provides for higher penalties better aligned with the rest of the state's statute book and penalty regimes, and a range of new sanctions, detailed above.

Part 19—Regulation of advertisements Existing provisions relating to regulation of advertisements have been migrated into the Act from the current Act with minor adjustments so that a class of advertisement may be exempted by the regulations.


Part 20—Miscellaneous

How does the Act address copyright issues? Copyright issues have been a problem for some time within the planning system, both for public consultation and for later building owners. Constitutionally, these are federal matters and the state can only legislate within the terms of its own copyright licence available under federal law, and therefore cannot be extended to councils.

To address this issue, the Act incorporates new section 238 which provides that the Minister, Planning Commission or chief executive:

may, acting for the services of the state, publish any document or material in which copyright exists; and

• can refuse to accept any document or material (including for lodging on the planning portal) unless there is an agreement allowing for its use for planning system purposes.

Because councils will be required to use the new e-planning system (which will be 'owned' and operated by the State) to manage documents they receive, this provision will allow for copyright issues that currently limit what councils can publish to be resolved in a systemic fashion under the umbrella of the state governments copyright licence.

The government will work closely with the local government sector to establish appropriate procedures and rules to govern the application of this provision.


How much change has been made under this part? Much of this part has been migrated from the current Act with minimal change, other than the provision to ensure material published on the SA planning portal complies with copyright requirements, and the requirement for the Registrar-General and other authorities to note, record and register transactions, and exempting vesting of property by regulation from stamp duty.

Schedule 1—Disctosure of financial interests

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Existing provisions relating to disclosure of financial interests have been migrated into the Act from the current Act with minor adjustments.

Schedule 2—Subsidiaries of joint planning boards

Provisions relating to subsidiaries of councils under the Local Government Act have been migrated into the Act• with minor adjustments.

Schedule 3—Codes of conduct and professional standards

86— What types of professional investigations may be undertaken? The Act provides for regulations to be made relating to compliance with codes of conduct and investigation of alleged breaches. This expands upon existing investigative powers in the current Act.

In relation to accredited professionals, the scheme allows for disciplinary action to be undertaken under the aegis of the Commissioner for Consumer Affairs (as the primary administrator of the accreditation scheme—see above) or, as appropriate, by the South Australian Civil and Administrative Tribunal (which has disciplinary powers under other laws).

It is expected that the regulations will be developed in close consultation with the Commissioner for Consumer Affairs, as the state's principal occupational licensing regulator.


87- How much change has been made under this part? Existing provisions relating to codes of conduct have been migrated into the Act from the current Act with adjustments to provide for codes of conduct for new entities under the Act, as well as the professional isation and accreditation of assessors. In addition regulations may newiy provide for matters relating to compliance with a code of conduct induding for accredited professionals, and for the Commissioner for Consumer Affairs to administer a scheme for accredited professionals.

Schedule 4—Performance targets and monitoring

88— How will performance be monitored? Performance monitoring will be a key feature of the new planning system and is vital to ensure that the system is operating efficiently and is achieving the goals set for it by the state government from time to time.

The Act enables the Minister, on the recommendation of the Planning Commission, to set targets in relation to state planning policies and the planning agreements that apply to a joint planning board. Targets must set a clear and measurable goal and specify a performance measure to enable the monitoring of progress over time.

The commission is then tasked with monitoring achievement against the targets, to publish periodic updates and to review the targets regularly. The commission is also to administer a scheme for regular audits of the system itself, to ensure efficiency in system operations.

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Both of these will be subject to regular reporting, including in the annual report provided by the commission to the Minister each year.

Where to look—clauses I and 2

How is a review of performance to be undertaken? If the Minister, after consultation with the commission, considers a council or other responsible body under the legislation has failed to comply with or effectively discharge its statutory obligations to a significant degree, the Minister may appoint an investigator to look into the reasons for this and report back on the matter. This reflects similar provisions in the existing Act.

Once an investigation has been carried out, the Minister may issue directions to rectify the matters identified which the council or relevant body must comply with.


How much change has been made under this part? This entire part is new. It requires the State Planning Commission to establish schemes to monitor and evaluate performance under the new planning system and to provide for any variations to ensure that it is operating optimally. It also enables investigation of the performance of a person or body.

Schedule 5—Regulations

The existing schedule has been migrated into the Act from the current Act with some adjustments.

Schedule 6—Repeal and certain amendments

While the bulk of consequential amendments will be dealt with in a subsequent Act, a number of key consequential amendments are included in this schedule.

How are existing character laws revised by the Act? The Character Preservation (Barossa Valley) Act 2012 and the Character Preservation (McLaren Vale) Act 2012 have both been amended to replace references to the current Act with the title of the new legislation, and the names of entities and instruments under the current Act to those referenced in the Act.

Subsection 7(4) of the Act also provides that where land currently included within character preservation area ceases to be included, it instead becomes an environment and food production area.

Where to look—Schedule 6, Parts 3 and 4

How is the Environment, Resources and Development Court Act 1993 amended

by the Act? The Environment, Resources and Development Court Act has been amended to streamline requirements and allow for imposition of time limits where fair and adequate presentation of cases would not be impeded, as well as to provide for electronic hearings and proceedings without hearings.

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Where to look—Schedule 6, Part 5

How is the Liquor Licensing Act 1997 amended by the Act? The Liquor Licensing Act has been amended to require the Commissioner of Liquor Licensing to take steps to ensure that a code of practice, assessment of a licence application or imposition of conditions does not conflict with nor replicate matters addressed under the planning system. This mirrors section 42 of the Act which in order to prevent duplication and dual regulation, provides that the commission must establish, by practice direction, a scheme to ensure that planning assessment or controls including conditions do not conflict with nor duplicate matters dealt with or addressed under another licensing or regulatory regime under another Act.

The Liquor Licensing Act is also amended to preclude a council in whose area licensed premises or premises proposed to be licensed are situated from intervening in licensing decisions on planning matters covered under the Act. The aim is that councils consider planning matters only in relation to development authorisation and liquor licensing matters only in relation to the licensing decision.


How is the Local Government Act 1999 amended by the Act? Apart from technical amendments to reflect the Act's title, the Local Government Act is amended to:

• provide that a person making an alteration to a public road is not required to obtain separate authorisation from the council if the alteration is approved as part of a development authorisation under the Act (previously this applied only for alterations to permit vehicular access to and from land adjoining the road);

• provide that a person does not require a permit authorising them to use a public road for business purposes if the use of the road is approved as part of a development authorisation under the Act (examples in the LG Act include a pie-cart, roadside kiosk, or outdoor dining tables);

• require a person who alters a public road or uses it for business purposes to comply with any design standard or other requirement under the Act (eg the Planning and Design Code); and

• provide a right of appeal to the ERD Court against a council unreasonably delaying development in accordance with a development authorisation.

These changes are made to address duplication between development authorisation and council permits where delays would compromise the viability of a proposed development. Issues such as outdoor dining permits and driveway cross-overs have frequently been reported as problematic areas of duplication and inconsistency that have at times frustrated land owners who have already obtained relevant development approvals. The ability for councils to impose reasonable charges when the development is undertaken will however be retained.


How is the Public Sector Act 2009 amended by the Act? In order to better coordinate public sector agencies' activities across the state, the amendment enables the Premier to direct agencies to operate on the basis of planning regions established under this Act. Such a direction is not binding if it would impede a quasi-judicial or statutorily independent function of an agency.

Where to look—Schedule 6, Part S

How is the Urban Renewal Act 1995 amended by the Act? References to the Development Act and existing entities and instruments under that Act in the Urban Renewal Act are amended to refer to the new title of the legislation and name of the entities and instruments. In addition, certain matters are to apply for the purposes of the new Act.


Page 41 of 42

S SOUTH AUSTRALIA

Government of South Australia


TO: City Services Committee FROM: Manager of Public Health and Safety DATE: 20 June 2016

3.33 STATE GOVERNMENT POSITION PAPER - FOOD TRUCKS IN SOUTH AUSTRALIA

(B2276)

Brief

Following consultation between November 2015 and January 2016, the State Government has released a position paper detailing a plan to support existing food truck operators and encourage new operators through a range of proposed actions aimed at reducing ‘red tape’. The position paper sets out the action the State Government intends to undertake to support food truck operators through proposals including simpler regulation, more places to trade, a better approach to food safety inspections and food business notifications. The aim is to support food truck ventures and ensure that entrepreneurial activity is not handicapped by unnecessarily complex and changing regulations. This is in line with one of the State Governments Economic Priorities – to make Adelaide the heart of a vibrant State and to make South Australia the best place to do business. It also aligns to Council’s Place Making Framework to create vibrant public places though economic activity and community life. Feedback has been requested through the yoursay.gov.au website by 5pm 30 June 2016. Staff have prepared a draft feedback paper for consideration by Council to be submitted.

Recommendation

1. That the report be received and noted. 2. Council endorse the draft feedback contained in Appendix B for

submission.

Status This report relates to or impacts upon the following Community Plan Outcomes:


STATE GOVERNMENT POSITION PAPER - FOOD TRUCKS IN SOUTH AUSTRALIA Item3.33 Continued Community Wellbeing • Create a safe, healthy and supportive community which encourages participation,

creativity and diversity - Provide welcoming and accessible community facilities that offer diverse

opportunities for community members to engage in cultural, recreational, sporting and lifelong opportunities

- Collaborate with the community to provide services, programs and initiatives that create a socially connected community

- Make healthy eating and being active the easy choice for children, young people and families

Liveability and Place • Build healthy, functional and attractive neighbourhoods - Utilise place making strategies to promote main streets and enhance

community lifestyle - Create public spaces that add interest and vibrancy for residents and visitors to


emphasises and focuses on pedestrians and cyclists - Create quality adaptable and integrated open space Economic Prosperity • Build an economically thriving and competitive city - Support and promote local economic growth and development - Encourage businesses to invest and locate within the City - Revitalise key precincts including main streets, to facilitate successful business

opportunities - Identify and support key growth industries - Support and facilitate local economic development by focusing on tourism and

events Leadership • Demonstrate effective leadership with strong community collaboration - Make decisions based on evidence, broad views and the aspirations of our

diverse communities Relevant Council policies are: • Street Traders Policy Relevant statutory provisions are: • Local Government Act 1999 • Development Act 1993 and Regulations


STATE GOVERNMENT POSITION PAPER - FOOD TRUCKS IN SOUTH AUSTRALIA Item3.33 Continued Background Sections 222-225 of the Local Government Act 1999 states that: (1) A person must not use a public road for business purposes unless authorised to do so

by a permit. The current legislation dictates that a food truck owner must apply to each Council individually in which they wish to operate. Each Council will apply their own corresponding fees and conditions relating to hours of operation, location, type of food and fees. These can vary significantly from Council to Council. Within Charles Sturt Permit Applications are considered and issued by the Staff Advisory Group (SAG) and we currently have approved 18 event related mobile vending permits, 12 annual permits and 4 seasonal permits. Of the 12 annual permits issued 5 of these vend from nominated fixed positions such as Henley Square, Harold and Cynthia Anderson Reserve, Inlet Reserve, Oarsman Reserve and Towpath Reserve. While the vending mostly relates to food and drink products one of the permits is for the sale of a newspaper- The Big Issue. The mobile vending permits are all related to food and drinks and are at various locations along the foreshore area. The issuing of food truck permits previously by Council has led to numerous complaints from existing established fixed food operators and local residents, if the food vending has been conducted in proximity to the local business or residents’ homes. These factors will need to be considered when assessing any new possible locations for new permit applications. In addition to the permit system, food truck owners must also comply with health safety requirements. Currently there is no legislated procedure on when, where, how or who should be receiving and inspecting “Food Business Notifications”, as the housed address of the food truck, the preparation of food and the location of sale of product can be across multiple Council jurisdictions. The discussion paper is provided as Appendix A and a suggested response providing feedback to the government is provided as Appendix B. Report The State Government position paper has identified that a consistent permit approach is required to support Councils’ to operate in a consistent manner. In order to implement this, new regulations are proposed to be established within the Local Government Act 1999. The proposed regulations will require that; • No restrictions on the number of permits that can be issued; • No restrictions on operating hours (outside special events); • No restrictions on what food can be sold; • Maximum permit fees; • Requirement to provide daily, monthly and annual permits at pro rata rates; and


STATE GOVERNMENT POSITION PAPER - FOOD TRUCKS IN SOUTH AUSTRALIA Item3.33 Continued • Council to establish location guidelines specifying locations where food trucks can

trade. The State Government is also proposing new guidance in relation to food safety inspections and the introduction of an inspection passport. These actions will be delivered working collaboratively with SA Health and Local Government to prepare guidance material to clarify food inspection requirements for food trucks and deliver an ‘inspection passport’ which food truck operators can present to food safety inspectors to receive a stamp following a successful inspection. This will enable food truck operators to show evidence of a recent successful inspection, which may have occurred in another Council area. In addition to the changes which directly impact how Council operates in relation to permits and Food Premises inspections, the State Government is also proposing a tester truck be made available for new start ups and incorporating food trucks into South Australian Tourism promotion. The actions listed within the discussion paper further outline how the Government intend to achieve the above. The State Government are requesting feedback to their proposal through the yoursay.sa.gov.au website by 5pm 30 June 2016. Internal key stakeholders identified from Public Health and Safety, Planning and Development, Governance and Urban Projects met to review the position paper and the feedback complied is attached as Appendix A. Planning and Development have advised that consideration will need to be made to other legislative requirements such as a need for prior Development Plan Consent and Development Approval depending on the nature and frequency of the use of land for food trucks. The Environment Resources and Development Court resolved this year that farmers markets set up on a weekly basis were a change in use to a shop in the case of Johnston v City of Salisbury & Anor [2016] SAERDC 1. This may result in food trucks also needing approval as a shop use in any given location and depending on the zone this may allow third party consultation and possible appeal rights. Financial and Resource Implications There are no financial or resource implications. Customer Service and Community Implications The discussion paper is currently available online and open for public consultation via the ‘Your Say’ website. Environmental Implications There are no environmental implications.


STATE GOVERNMENT POSITION PAPER - FOOD TRUCKS IN SOUTH AUSTRALIA Item3.33 Continued Community Engagement/Consultation Internal group comprising of members from P&D, PHS, Urban Projects and Governance have read the report and provided feedback which is comprised within Appendix A. Henley Beach Place Leader has advised Henley Square Group of opportunity for comment. Risk Management/Legislative Implications The State Government proposal includes changes to the Local Government Act, specifically surrounding permits for mobile food businesses. Conclusion The State Government’s position paper outlines positive changes for the State as a whole. Changes which in fact mostly align with Council’s Place Making Framework to create vibrant public places through economic activity and community life. In addition there are many benefits to simplify and establish consistent processes across the state with regard to the operations of Food Truck businesses. However Council does have a responsibility to balance this with the needs of residents and existing fixed food businesses. Through consultation with internal staff, a number of concerns have been raised which have been outlined in the draft consultation response and which the State Government should consider before finalising this matter. Appendices

Appendix Title of Document No. of Pages TRIM Ref A State Government Food Trucks in South

Australia Position Paper 28 16/161523

B Food Trucks in South Australia Position Paper – Internal Feedback

4 16/161512


STATE GOVERNMENT POSITION PAPER - FOOD TRUCKS IN SOUTH AUSTRALIA Item3.33

APPENDIX A

Appendix A consists of 28 pages attached separately.


STATE GOVERNMENT POSITION PAPER - FOOD TRUCKS IN SOUTH AUSTRALIA Item3.33

APPENDIX B

Appendix B consists of 4 pages.

Food Trucks in South Australia State Government Position Paper Feedback

Action 1: Introduction of a consistent permit system

Proposal

The Government proposes legislation to support councils to operate in a consistent manner when granting operating permits for mobile food vendors to trade on public roads.

Councils will be able to set certain conditions based on local circumstances. The Government strongly encourages Councils to put in place specific conditions that support food truck operation, such as allowing food trucks to operate near jetties during summer. However, the Government reserves the right to further amend the regulations to ensure fair trading conditions for food trucks if Councils impose unduly restrictive arrangements.

The regulations will set a maximum annual permit fee. Councils may consider reduced permit fees to attract food trucks to their area.

Suggested Feedback

• A saturation of food trucks within popular areas could have a negative effect on thefood truck industry

• No restriction on times could have a detrimental effect on residents especially inareas utilised as night spots in our Council area eg If consideration was to be givenfor food trucks to be located in areas with high active ‘night life’ eg around Hotelsthen consultation with SAPOL should be undertaken so that any history of incidentscould be taken into consideration.

• Location guidelines would be crucial as City of Charles Sturt has a high percentage ofresidential properties and our experience is that residents do not want food trucksoutside their properties.

• Infiltration of food trucks in high pedestrian areas in CCS would have a detrimentaleffect on fixed food businesses (not supported by fixed food businesses) (ref ACCstudy MFV program having market impact of .15 per cent – not relevant givendifferences in volumes of foot traffic/potential customers)

• Question on DPTI Roads being used for food trucks – historically this has not beensupported by DPTI

• Further amendments to regulations to ensure fair trading for food trucks (ie.location guidelines) need to consider residential locations and fixed food businesses

Action 2: New opportunities for food trucks to trade on private or public land

Proposal

The Government will encourage the establishment of a permanent food truck park on public or private land, preferably in or near the Adelaide CBD. The Government will work with private investors to establish a food truck park at a suitable location in our around the CBD. Potential models include ‘Welcome to Thornbury Park’ in Melbourne for eg.

The site would be supported by appropriate infrastructure, such as bar facilities, seating, lighting and bathrooms, supporting food trucks to trade.

The Government will continue to work with ACC to make better use of the Park Lands for food trucks with events like Fork on the Road.

Suggested Feedback

• Great initiative• Consideration will need to be made to other legislative requirements such as a need

for prior Development Plan Consent and Development Approval depending on thenature and frequency of the use of land for food trucks. The Environment Resourcesand Development Court resolved this year that farmers markets set up on a weeklybasis were a change in use to a shop in the case of Johnston v City of Salisbury &Anor [2016] SAERDC 1. This may result in food trucks also needing approval as ashop use in any given location and depending on the zone this may allow third partyconsultation and possible appeal rights.

Action 3: Encourage food trucks to operate at transport hubs

Proposal

The Government will ensure that food trucks and small mobile operators (such as coffee carts) can trade at all Government-owned transport hubs. As different sites have different safety and security requirements, food truck vendors will need to apply to DPTI for each proposed location.

This option supports food trucks but other important aims, such as increased engagement and public transport use. This proposal will also allow food trucks to meet demand where fixed premises are not available.

The Government will issue new guidelines clearly stating the requirement for mobile food vendors to operate at transport hubs. There will be no cost for these applications.

Suggested Feedback

• Great initiative• Stations in CCS (locations that may be considered for future food truck operation by

State Government)• Grange (Residential)• East Grange (Residential)• Seaton Park• Albert Park• Cheltenham (Residential)• St Clair• Woodville• Woodville Park (Residential)• Kilkenny• West Croydon (Residential)• Croydon (Residential)• Brompton (Residential)• Ovingham (Exeter Terrace)• AEC Tram

The State Government should take in to consideration whether the transport hub is within a residential area and whether other local businesses have positioned themselves within the transport hub to capture this particular market. For eg. AEC Tram Station there are several coffee/breakfast businesses that operate to cater for the rush hour.

Action 4: New guidance and introduction of an inspection passport

Proposal

The Government proposes two new measures to ensure that Council inspection regimes reflect the risk posed by food trucks. The location of a vehicle should not determine whether or not it is inspected, and inspections should be based on a Food Business Risk Classification. The two new measures are:-

- Issuing clear new guidance material to Councils- New Inspection Passport

SA Health, in collaboration with local government, will prepare the new guidance material and will roll out an ‘inspection passport’. This will to assist with regulating food trucks efficiently and will enable food truck operators to present the passport to food safety inspectors to receive a stamp following successful inspection.

SA Health is already working to ensure that all food safety inspections are done according to Food Business Risk Classification requirements with Councils undertaking inspections on a clear risk classification basis. Depending on the success of the guidance material and inspection passport, the Government may consider undertaking notifications and inspections for food trucks centrally which would be established within SA Health.

Suggested Feedback

• SA Health partnering with local governments to prepare guidance material toachieve a streamlined and consistent approach is highly supported and an initiativethat CCS would want to be involved with

• There are concerns with the ‘unknown’ – will inspections take place at the garaginglocation/food preparation location/on-site van location for eg. at an event

• How would local government know who was at a particular location at a particulartime if there is a food poison scare/complaint requiring investigation – who wouldinvestigate?

• Food trucks quite regularly update the food product they are selling to cater forparticular events – this causes concerns with the truck set-up being suitable. Itwould be CCS preference that food trucks catering at events should be inspected ateach event.

• Suggestion that a state register (electronic passport) is created whereby inspectionscan be updated and checked instantaneously.

Action 5: Make a tester truck available Proposal

Proposal

The Government will sponsor a ‘tester truck’ for prospective businesses to use for a short period of time to test their food truck concept. The Government is working on the best model for this initiative. Entrepreneurs will be able to test out menus, marketing and locations before investing in their own mobile operation.

Suggested Feedback

• Great initiative and it is CCS experience that Food Truck operators would benefit byhaving the opportunity to trial a product to gauge success prior to financialcommitment.

Action 6: Promotion of food trucks to form part of promoting South Australia

Proposal

The Government, via the SA Tourism Commission, will develop State marketing strategies and materials that incorporate food trucks. This will algn with the State’s economic priority to make Adelaide the heart of a vibrant State and to promote our premium food and wine to the world.

The Government acknowledges social media as an important method to promote food trucks and the use of ACC ‘Adelaide Street Eats’ is not well utilised currently. The Government will host a Digital Challenge to help digital entrepreneurs design a user-friendly solution to connect customers and food trucks, wherever they are trading.

Suggested Feedback

• Great initiative

Summary

In summary CCS is supportive of the State Governments initiative.

However, it is our experience that the locations that are popular choices for food truck operators are along our foreshores during the summer season. CCS has trialled food trucks within these locations which have resulted in an overwhelming number of complaints from local residents. There are very limited locations along the foreshore that would be seen as suitable given the proximity to residential properties.

Additionally, our only high foot traffic locations are serviced by multiple established fixed food businesses that would be affected by temporary food trucks visiting the location.


TO: City Services Committee FROM: Nicole Reynolds DATE: 20 June 2016

3.34 BOLLARD FUNDING APPLICATION – LADY DALY HOTEL – 126 PORT ROAD,

HINDMARSH (B1361)

Brief

The Urban Projects Business Unit administers a number of funding streams to promote place making in the City of Charles Sturt but especially in the three designated places. The Outdoor Dining Bollards Grant (ODBG) was devised to assist businesses that wished to apply for new or expand existing outdoor dining areas where it has been identified that energy absorbing bollards (EABs) are required. The purpose of this report is to advise Council of an approach made by the property owner of 126 Port Road, Hindmarsh for funding for EABs for the property’s outdoor dining area. The application is considered worthy of support as it is consistent with the relevant funding guidelines and located in a priority place making area.

Recommendation

1. That Council approves the allocation of $12,343.30 from the Outdoor

Dining Bollards Grant to reimburse the property owner of 126 Port Road, Hindmarsh for the supply and installation of energy absorbing bollards for the outdoor dining area, subject to the standard conditions of the Outdoor Dining Bollards Grant guidelines.

Status This report relates to or impacts upon the following Community Plan Outcomes: Liveability and Place • Build healthy, functional and attractive neighbourhoods - Utilise place making strategies to promote main streets and enhance


existing character, aspirations and environments


BOLLARD FUNDING APPLICATION – LADY DALY HOTEL – 126 PORT ROAD, HINDMARSH Item 3.34 Continued - Create public spaces that add interest and vibrancy for residents and visitors to

our City Economic Prosperity • Build an economically thriving and competitive city - Support and promote local economic growth and development - Encourage businesses to invest and locate within the City - Revitalise key precincts including main streets, to facilitate successful business

opportunities Leadership • Demonstrate effective leadership with strong community collaboration - Build a strong team between Elected Members and staff working together on

behalf of the community - Implement innovative techniques to facilitate opportunities for listening to the

community, engagement and communications Relevant Council policies are: • Outdoor Dining Bollards Grant guidelines • Place Making Framework Relevant statutory provisions are: • City of Charles Sturt Development Plan Background The Outdoor Dining Bollards Grant (ODBG) provides funding for businesses located in a designated place making priority area or those able to demonstrate outdoor dining will have a positive impact on a particular location and make significant contribution to achieving place making objectives. (Appendix A). The ODBG has a total pool of $30,000 to allocate with businesses demonstrating a minimum 50% contribution to costs. To date only one other business in Henley Beach South has applied (refer CiS 20/6/16, Item 3.35). A number of businesses in Hindmarsh have shown interest in the grant funding due to the high cost of EABs and the requirement for them to be installed for any outdoor dining venue along Port Road, Hindmarsh; however they have been unable to find sufficient funds for a business contribution. Place Leader-Inner West will continue to work with these businesses to find solutions in the future.


BOLLARD FUNDING APPLICATION – LADY DALY HOTEL – 126 PORT ROAD, HINDMARSH Item 3.34 Continued Report Following discussions with the leaseholder of the Lady Daly Hotel it was discovered that the current bollards installed in the outdoor dining area on the corner of Port Road and Mary Street do not meet current standards for this specific situation. The property owner has since decided to replace the current bollards with EABs that are suitable for this area and has submitted an application for funding. The Lady Daly Hotel has had an outdoor dining permit for many years but it has only recently been discovered that the bollards currently installed did not meet regulations for this location. Since being advised of this the property owner of the Lady Daly has received quotes and installation plan Appendix B for supply and installation of EABs to replace the existing ones. The application meets the ODBG guidelines as: • the property on Port Road, Hindmarsh is located in a designated place making priority

area. • Continued outdoor dining in this location will contribute to increased vibrancy at this

end of Port Road, Hindmarsh; • The property owner is contributing 50% of the costs of the supply and installation of the

EABs; The funding guidelines give greater consideration to applicants that demonstrate a minimum of 50% contribution to costs. Funding from the OBDG to the value of $12,343.30 specified on the application Appendix C for the supply and installation of EABs is recommended. Financial and Resource Implications A total of $30,000 is available in the OBDG budget this financial year and this is the first application received. Lady Daly Hotel’s application was the first received for bollard funding. Since then one other application for Henley Beach South (refer CiS 20/6/16, Item 3.35) has been received which would expend the total grant funds available by the end of the financial year. As there are sufficient funds and it meets the objectives of the fund it is considered appropriate to support the application from Lady Daly Hotel. Customer Service and Community Implications Council’s Place Leader-Inner West has met with both the Lady Daly Hotel leaseholder and property owners to discuss their continued success on Port Road, Hindmarsh particularly during the Torrens to Torrens project. This application is a positive step to remain viable during this capital works project which is affecting many businesses in the area while promoting a vibrant atmosphere.


BOLLARD FUNDING APPLICATION – LADY DALY HOTEL – 126 PORT ROAD, HINDMARSH Item 3.34 Continued Environmental Implications There are no environmental implications. Community Engagement/Consultation Stakeholder engagement through the Place Leader-Inner West has occurred along Port Road, Hindmarsh. Letters were sent to tenants and property owners along Port Road, Hindmarsh informing them of the ODBG and the relevant guidelines. Risk Management/Legislative Implications Lady Daly Hotel property owners are awaiting planning approval for the bollards; however as these are replacing existing bollards it is anticipated approval will be provided without issue. Conclusion Lady Daly Hotel property owners are requesting a 50% contribution to the supply and installation of EABs to retain a safe outdoor dining area on Port Road, Hindmarsh. Outdoor dining in this location promotes a vibrant atmosphere and meets customer needs. The proposal is consistent with the ODBG guidelines therefore funding is recommended for approval. Appendices

Appendix Title of Document No. of Pages TRIM Ref A Outdoor Dining Bollards Grant 2 16/166361

B1 Bollards quote 1 16/166369 B2 Bollards installation plan 17 16/166370 C Application Outdoor Dining Bollards Grant 4 16/166371


BOLLARD FUNDING APPLICATION – LADY DALY HOTEL – 126 PORT ROAD, HINDMARSH Item 3.34


Outdoor Dining Bollards grant For applicants applying for an Outdoor Dining Permit where it has been identified that energy absorbing bollards are required in order for permit to be granted (refer Prospective Outdoor Dining Permit – information sheet).

Grant Eligibility Businesses must be located in a designated ‘Place Making priority area’ or able to demonstrate that outdoor dining will have a positive impact on a particular location and make a significant contribution to achieving place making objectives (refer Place Making Framework). Both new outdoor dining permits and requests to expand existing outdoor dining areas can apply. Greater consideration will be given to those applicants that are able to demonstrate a minimum of 50% contribution to the costs of bollards and installation. A total of $30,000 funding is available of 2015/16 and will be allocated as required. Once funds are exhausted no further applications will be considered.

Grant Process

Ask

• Outdoor Dining Permit application submitted as per existing process.

Initial assessment

•Community Safety Permits Officer reviews permit applications.

•Place Management Team advised of applications that may be eligible for bollards grant.

Apply

•Eligible applicants invited to submit a bollards grant request detailing:

• Bollard style and placement

• quote for bollard installation (including production costs)

• overview of how business and precinct will benefit from the introduction (or expansion) of outdoor dining.

• level of contribution of business/property owner and grant amount requested.

Formal assessment

• Grant request submitted to Community Safety Permits Officer

• Report on request for grant prepared by Manager, Urban Projects and presented to the City Services Committee of the City of Charles Sturt for consideration (held monthly)

Outcome

•Applicant advised of outcome, including level of grant to be provided.

•Applicant submits a tax invoice for the grant amount in order for funds to be paid.

Acquit

•Provide evidence that grant has been spent and bollards installed (includes receipts for bollards, photographs)



APPENDIX B1 Appendix B1 consists of 1 page.

Roadside Services & SolutionsA.B.N.: 33 137 851 837

88 STANBEL ROAD SALISBURY PLAIN SA 5109

Phone: 0882583099 Fax: 0882587215

Quote

17328Quote No.:

Served By :Status: Active BEN

Date:

Expiry Date:

11/05/2016

8/06/2016

COOMBS BAREI CONSTRUCTIONS PTY LTD

39 HOLDEN STREET

HINDMARSH SA 5007

AUSTRALIA

Delivered To: Ordered By :

PORT ROAD

LADY DALY HOTEL

PH: 08 83409666

Bar code Description Qty Price Ex $ Total Ex $Tax

9GST 9,558.00OMNI - CARTRIDGEF1202004 1,062.0000

9GST 8,100.00OMNI BOLLARDSF1202003 900.0000

1GST 1,625.00TRAFFIC MANAGEMENT 1.5 DAYSINSTAL 1,625.0000

1GST 4,781.60INSTALLATION OMNI INC CONCRETEINSTAL 4,781.6000

1GST 625.00FREIGHT FROM MELBOURNEF 625.0000

No. of Items ( 21 )

Payment Details Quote Totals

$0.00

$0.00

$2,468.96

Subtotal Ex GST

Discount

Rounding

Tax

TOTAL inc GST

$24,689.60

$27,158.56



APPENDIX B2 Appendix B2 consists of 17 pages.

0.60

m

1.20 m

1.50 m 1.50 m 1.20 m 1.20 m 1.17 m 1.23 m

1.80

m

1.18 m

ExistingBollards/ProposedLocation of EABBollards

20/05/16D Giustozzi

Prod

uctM

anual

Version 1.2.4 Jan 2016

SAFEROADSP/LPOBox2030Pakenham,VIC3810,AustraliaEmail:[email protected]:1800060672Fax:1800060673

Energy Absorbing Bollard

Omni-StopBollardTM

TableofContentsIntroductoryNotes/SystemOverview...........2SystemOverview...........................................2FuncQon……………………………………………………..2PreparaQons……………………………………………….4Usage…………………………………………………………4Toolsrequired…………………………………………….4KitContents………………………………………………..4InstallaQon………………………………………………….6Repair.............................................................9StandardDrawings……………………………………..10Spacing&ClearZone………………………………….11Removalprocedure……………………………………12InspecQonandTestPlan-ITP……………………..14

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SystemOverviewTheOmniStopBollardisnonre-direcQvecrashaaenuatortestedunderAS/NZS:38451999Table5.3.3(3)fora1600kgvehicleimpactat60km/h.

Func?onTheOmni-StopBollardisdesignedtosafelydecelerateandcaptureanimpacQngvehicle.TheOmniStopBollardandCartridgeisdesignedtodeformandabsorbtheenergyproducedwhentheOmniStopBollardisimpacted.

3

Omni-StopBollardTM

Prepara?onItisimportanttoreadandunderstandthefollowinginstallaQoninstrucQonsbeforeinstallingtheOmniStopBollard.BeforestarQngtodigoraugertherequiredholefortheOmniStopBollardCartridge,ensureyouhavelocatedallservicesandclearlyidenQfiedthemusingDialBeforeYouDig.

Iden?fica?onTheOmni-StopBollardisanEnergyAbsorbingBollardthathasbeencrashtestedtoAS/NZS3845:1999Table5.3.3(3).BollardsdisplayasQckerasperFig.1thatverifiestheauthenQcity.

ToolsRequired• Augerandordiggingtools• StringLine• SpiritLevel• ½aBesserBlockorHDFoamBlock• 32MpaConcrete

UsageTheOmni-StopBollardsshouldbeposiQonedtoprovidethemaximumprotecQonforpedestrians.UsingasingleOmni-StopBollardtoshieldabluntendorhazardthecentreofthebollardshouldbenomorethan500mmfromthehazard.IntheeventthattheareatobeprotectedrequiresanarrayofOmni-StopBollardsusethediagramsandspacingrecommendaQonsonPage12ofthismanualasaguidewhenconducQngyoursitesafetyandriskassessmentforthebestplacementoftheOmni-StopBollards.

4

Fig.1

Omni-StopBollardTM

UsageCont’TheOmniStopBollardcanbefiaedwithalihingring(Fig.6)toenablethebollardstobelihedoutoftheCartridgewhenusedinaworkzone.AnOmniCartridgeCapshownbelowinFig.7isplacedintotheCartridgetoallowforvehiclesandpedestrianstotraversesafely.Fig.7ashowstheCapremoved.

5

PerformanceOmni-StopBollardswillperformequallyinsoil,concrete,asphaltorpavedsurfacesprovidingthecorrectinstallaQonprocedureisfollowed.

Fig.6

Recommenda?onsToshieldaconcretebarrier,steelbarrierorbluntendensurethattheOmni-StopBollardisplacednofurtherthan500mmfromthehazardWhenplacingmulQpleOmni-StopBollardsforaWorkZonesite,consideraQonshouldbegivenforanerrantvehiclesabilitytopenetrateintothearea.ItisrecommendedthatasitespecificriskassessmentbeconductedtodeterminetheappropriatedistancesbetweenalineoranarrayofOmni-StopBollards.Refertopage12ofthismanual.

Omni-StopBollardTM

Fig.7a

Fig.7

Installa?onProcedure

6

Beforecommencingensurethatyouhavehadallserviceslocatedandclearlyiden?fiedusing“DialBeforeYouDig”EnsureyouhavetheInspec?onandTestPlan(ITP)fortheOmni-StopBollardasthiswillneedtobecompletedandacopymailedtoSaferoadsPOBox340DrouinVIC3818Markoutwhereholecentresaretobedugoraugured,aspersitedesign.IfinstallingmulQplebollardsuseastring-linetochecktheyareinastraightline.

Augerormanuallydiga1000mmdeepx600mmdiameterhole.N.BIfusingmachineryrefertoSOPforsafeoperaQngprocedures.

PlaceaHDFoamblock200mmhighorequivalentinthecentreoftheholeandplacetheOmniStopCartridgeontop.Note:Thesmallerendofthecartridgemustbeattheboaomtoensurecorrectbollardperformance.Note:Itisimportanttocheckthelevelsatthisstagetoconfirmthetopofthecartridgewillhavenomorethan25mmofconcreteorasphalttomatchthedesiredfinishedheights.Nonbondedpaversmaybeusedto50mmabovethecartridge.

Omni-StopBollardTM


Omni-StopBollard

7

InsertacylinderofOmni-StopReoCagearoundtheCartridge.Ensurethecageisatequaldistancearoundthecartridgeand50mmdownfromthetopofthecartridge.Refertopage11forsideviewofinstallaQon.PourconcreteintothespacesurroundingtheCartridgetoapproximately300mmConcreteshouldbe32MPastrengthconcreteata70mmslumpmix

UseaSpiritLeveltoensurethatthecartridgeiscorrectlyposiQoned.Note:Usinga150mmx1450mmlightweightgalvanisedpipeplacedintothecartridgetocheckthatthebollardswillbeverQcalmayassist.

Filltheremainderoftheholewithminimum32MPastrengthconcrete.EnsuringthattheapplicaQonofconcretedoesnotmovetheCartridgeorReoCageoutofspecificaQon

TM


8

BecarefulwhenpouringconcretethattheOmnistopCartridgeisnotmovedfromitsintendedlocaQon,orlevel.N.BIftheOmniStopCartridgeistobecoveredwithconcreteorasphalt,thecoveringdepthmustnotexceedadepthof25mmabovethetopoftheCartridge.Warning:TheperformanceoftheOmni-StopBollardmaybeaffectedthroughincorrectinstallaQon.

Finishoffbyscreedingtheconcretesurfaceandifapplicablereplacepaversaroundinstalledbollard.Note;Ifthefinishedsurfaceistoconcreteorasphaltthedepthshouldnotexceed25mmcoveringthetopofthecartridge.Thecartridgemaybecoveredwithnonbondedpaverstoadepthof50mm.

Sweepupanyexcessdirtordebrisfromthesite.EnsureyouhavecompletedtheInspec?onandTestPlan(ITP)fortheOmni-StopBollardforeachinstalla?onyouhavecompleted.PleasemailtheITPto,SaferoadsPOBox340DrouinVIC3818

Omni-StopBollardTM

Repairs&MaintenanceIntheeventofanimpacttotheOmniStopBollardensurethatavisualinspecQonisundertakenattheearliestopportunity.IftheBollardismarkedorscuffed(Fig.2&Fig.3)thenthereisahighprobabilitythatthebollardhasbeenimpacted.AcloservisualinspecQonofthefooQngwillberequiredtoidenQfyanycrackingorbreakagearoundthebollard.(Fig.4&Fig.5)AninspecQonoftheFooQng/CartridgetoidenQfyanydeformaQonorbreakawayoftheconcretesurrounds.IfthereisdamagethentheCartridgewillneedtoberemovedandreplaced.TheBollardwillneedtoberemovedfromthecartridgeandinmostcaseswillbefittoreuse.Insevereimpactsthe600x1000mmConcretefooQngwillneedtobebrokendownbyjackhammerandremoved.InstallaQonofanew32MpaconcretefooQngwithReomeshcage(F52900x1300mm)andOmniStopCartridgewillneedtobeinstalledfollowingthesameprocedureastheinstallaQoninstrucQonoutlinedintheInstalla?onprocedure.

WarningsTheOmniStopBollardwillnotperformtoexpectaQonsiftheintegrityoftheOmni-StopCartridgehasbeenunderminedbyapriorimpact

9

Fig.2

Fig.3 Fig.4

Fig.5

Omni-StopBollardTM

10

Omni-StopBollardTM

Spacingandclearzone

11

WhendesigningarowofOmni-StopBollards,consideraQonshouldbegiventothelocaQonandtheclearzonerequiredbehind.AsitesafetyandriskassessmentshouldbeconductedtoidenQfyallpossibleimpactdirecQonspriortoarecommendaQonofinstallaQonspacing.Thescenariospicturedonthispageoppositeareprovidedasageneralguideonly.

Recommendedplacementsatbridgeabutments

Omni-StopBollardTM

RemovalProcedure

12

TheOmniStopBollardsusedasworkzoneorloadingzonewillneedtoberemovedatthecompleQonoftheworks.Usingacrane,forklihorcorrectmanualhandlingtechnicsfor2personstobeabletolihtheBollardfromthecartridge.

Clearawaybrokenconcreteanddebrismanuallyusingshovelandpileupforremovallater.

Useasmallexcavator(2.7Tonne)witharockbreakeraaachmenttobreakuptheconcretethesurfaceconcreteontopofthecartridge.Brakeuptheconcretedownthesideofthecartridgetoadepthof150-200mmandtothewidthofthefooQngconstructedfortheinstallaQon.

Omni-StopBollardTM

RemovalProcedureCont’

Thecartridgeshouldnowbelooseenoughtoremove.Useacraneorforklihwitharatedandapprovedlihingchain.Intheshahofthecartridge380mmdownisacrossbarthatthebollardisseatedon,placechainhookonthebarandwiththecraneorforklihlihthecartridgefromthevoid.

Thevoidcanbefilledwithcrushedrockandfinesandcompacted.Cleanupalldebrisfromthesite.AsphaltsurfacingcanbethenbeappliedacrosstheeffectedareatocompletethesiterestoraQon.

Omni-StopBollardTM

Usingmanualhandlingtechniquesmanoeuvrethecartridgeawayfromthevoidtakingcarenottofallintothehole.Makesurethatallworkersarealerttothedangeroffallingintoholescreatedduringtheremovalprocess.

13

Saferoads Pty Ltd Form

ITP001 A

uthorized by: IMS M

anager Issue 3

27/1/16

ITP to be completed and returned

INSPEC

TION

AN

D TEST PLA

N - O

mni Stop Bollard Installation

Project: …

……

……

……

……

……

……

……

……

……

……

……

……

….

Address of installation: …

……

……

……

……

……

……

……

……

……

……

……

……

……

……

……

……

…....…

….D

ate: ……

/……

./……

. SFR

= Saferoads Pty Ltd Item

N

o A

ctivity A

cceptance Criteria

W / H

/ V

/ M / R

V

erifying A

uthority Initials

Installer C

lient 1

Installation Location C

onfirmation from

Superintendent as to location H

C

lient / SFR

2 Service C

heck C

onfirmation from

the Superintendent that the services have been cleared and/or m

arked, and location confirmed

H

Client / SFR

3 Installation

Confirm

hole is 1000mm

D x 600m

m W

as per the Om

ni Stop B

ollard manual &

install instruction H

SFR

N/A

4 Installation

Confirm

that the cartridge is installed level and at the correct height – not above finished ground level

H/M

SFR

N/A

5 Installation

Confirm

ation that the Om

ni Reo C

age (550mm

dia x 800 12N

12 &W

10 Spiral@100m

m pitch) is placed in the hole

prior to any concrete being installed

W

SFR

N

/A

6 Installation

Confirm

ation that the concrete used is 32MPa strength at

70mm

slump

H/R

SFR

N/A

7 Installation

Confirm

ation that the concrete is no more than 25m

m

above the top of the cartridge M

/W

SFR

N

/A

8 Installation

Confirm

ation that the cartridge is still level following the

installation and trowelling off of the concrete

H/M

SFR

N/A

9 C

lean up N

o concrete residue or evacuated material left at site

V/W

SFR

H=H

old Point, M=M

easure/Count, R

=Review

Docum

entation, V=V

isual Inspection, W=W

itness R

ETUR

N C

OM

PLETED FO

RM

TO:

Saferoads PO

Box 2030 Pakenham V

ic 3810

Authorized to Sign on Installer’s behalf - N

ame:…

……

……

……

……

……

……

….

Fax : 1800 060 673

Em

ail: [email protected]

.au

Signature:……

……

……

……

……

……

……

.

14

SAFEROADSP/LPOBox2030,Pakenham,VIC3810,AustraliaEmail:[email protected]:1800060672Fax:1800060673www.saferoads.com.auV1.2.4.January2016SaferoadsP/L



APPENDIX C Appendix C consists of 4 pages.


TO: City Services Committee FROM: Manager Urban Projects DATE: 20 June 2016

3.35 OUTDOOR DINING BOLLARD GRANT – THE CHARMINAR RESTAURANT – ONE

HENLEY BEACH ROAD, HENLEY BEACH SOUTH (B6487)

Brief

The property owner of 1 Henley Beach Road, Henley South has proposed to fund the design and construction of a new outdoor dining area for Charminar Restaurant. The owner, at their cost is proposing to build the area during the current upgrade works on Henley Beach Road. It has been identified that energy absorbing bollards (EABs) will be required for Council to approve and therefore enable outdoor dining in this location. Council’s outdoor dining bollards grant (ODBG) assists businesses with funding for bollards where it has been identified that energy absorbing bollards are required. It is proposed that some of this funding is allocated for EABs in this location to enable outdoor dining to occur. Recommendation

1. That Council approves the transfer of $17,656 from the Outdoor Dining

Bollards Grant Budget (Account No. 2780001) to Henley Beach Road Main Street budget (Account No. 2622001) for the purchase of energy absorbing bollards for the outdoor dining area at One Henley Beach Road, Henley Beach South.

Status This report relates to or impacts upon the following Community Plan Outcomes: Liveability and Place • Build healthy, functional and attractive neighbourhoods - Utilise place making strategies to promote main streets and enhance


existing character, aspirations and environments - Create public spaces that add interest and vibrancy for residents and visitors to

our city


OUTDOOR DINING BOLLARD GRANT – THE CHARMINAR RESTAURANT – ONE HENLEY BEACH ROAD, HENLEY BEACH SOUTH Item 3.35 Continued Economic Prosperity • Build an economically thriving and competitive city - Support and promote local economic growth and development - Encourage businesses to invest and locate within the City - Revitalise key precincts including main streets, to facilitate successful business

opportunities Leadership • Demonstrate effective leadership with strong community collaboration - Build a strong team between Elected Members and staff working together on

behalf of the community Relevant Council policies are: • Outdoor Dining Bollards Grant guidelines • Outdoor Dining policy • Place Making Framework Relevant statutory provisions are: • City of Charles Sturt Development Plan Background Council has allocated $30,000 to the ODBG for the 2015/16 financial year. The ODBG funding guidelines considers funding for businesses that are located in a designated place making priority area, or where businesses are able to demonstrate outdoor dining will have a positive impact on a particular location and make significant contribution to achieving place making objectives. Greater consideration will be given to applications that demonstrate a minimum of a 50% contribution to cost. (Appendix A). Report The property owner of 1 Henley Beach Road, Henley Beach South is funding the design and construction of an outdoor dining area for their tenant, The Charminar restaurant, excluding the bollards. In discussion with the building owner, Council staff have identified the most suitable location and have developed an initial concept design for an outdoor dining area. The outdoor dining area would be located on the south east corner of Henley Beach road and Seaview Road. (Appendix B). The proposal has arisen as a result of discussions with property owners and businesses for the Henley Main Street Project occurring on Henley Beach Road. The current Henley Beach road works between Military Road and The Esplanade involves amending the current roundabout design and addressing a number of safety concerns from the local community.


OUTDOOR DINING BOLLARD GRANT – THE CHARMINAR RESTAURANT – ONE HENLEY BEACH ROAD, HENLEY BEACH SOUTH Item 3.35 Continued The property owner is committed to establishing outdoor dining in this area and will be funding the finalisation of architectural plans and the construction of the outdoor dining area. The proposal is for an elevated platform and decking that addresses the significant difference in height between the existing footpath and the verge which is created by the new kerb and gutter. Based on Council’s Project Manager for Assets managing this project the property owner’s contribution is estimated to be $25,000. Unlike other possible applications where bollards would be installed within existing footpath and kerb infrastructure Council is managing the whole of the capital works. As such it is Council on behalf of the land owners who are seeking some financial contributions to match the land owners. The construction of the outdoor dining area is expected to benefit The Charminar restaurant by increasing the visibility of the restaurant and offering an outdoor dining option to its customers. It is also expected to benefit the immediate area surrounding The Charminar and adjacent businesses by increasing public awareness of the businesses in this location and aesthetically adding to the public realm and overall appeal to the Henley South shopping strip. It will also complement the works taking place with the current Henley Beach Road upgrade. It is estimated that approximately 10 bollards will be required in this location for a total of $20,000 plus installation costs. The bollards will be installed by Council as part of the current upgrades taking place in 2016/17. A transfer of $17,656 from the Outdoor Dining Bollards Grant Budget to the Henley Beach Road Main Street Upgrade Budget will significantly assist the project to meet these traffic management requirements and is consistent with the intent of the guidelines. (Appendix A). Financial and Resource Implications A total of $30,000 is available in the ODBG budget for the 2015/16 financial year. One other application to the value of $12,343 from the Lady Daly Hotel has been received and has also been submitted to the 20 June 2016 City Services Committee for consideration. If the Lady Daly EABs are funded there will be $17,656 remaining in the budget for the current financial year. Therefore there are sufficient funds available to meet the recommendation making the overall delivery of the desired outcome at One Henley Beach Road viable. The installation cost of the bollards will be met by the Henley Main Street Project. Customer Service and Community Implications The inclusion of the outdoor dining area was in response to requests by both the land owners and the restaurant who are meeting greater than 50% of the total cost to create the outdoor dining area. Environmental Implications There are no environmental implications


OUTDOOR DINING BOLLARD GRANT – THE CHARMINAR RESTAURANT – ONE HENLEY BEACH ROAD, HENLEY BEACH SOUTH Item 3.35 Continued Community Engagement/Consultation Ongoing consultation with local businesses and property owners has been occurring during the Henley Beach Road upgrade. This has resulted in positive conversations and a desire by local businesses to have input into and invest in the public realm. To determine if outdoor dining in this location was possible multiple teams were consulted and through this process it was also ascertained that EABs were required. Risk Management/Legislative Implications A risk analysis was undertaken which identified the requirement of EABs to facilitate outdoor dining at One Henley Beach Road, Henley South. The construction of the outdoor dining platform, to be undertaken at the cost of the landlord, will still be subject to meeting outdoor dining permit and planning application requirements, including encroachment approval on the Council owned verge area. Conclusion The property owner of 1 Henley Beach Road has proposed to fund and build an outdoor dining area for its tenant Charminar restaurant. The most suitable location for outdoor dining in this area requires EABs to facilitate outdoor dining. The property owner is prepared to invest approximately $25, 000 on the design and the construction of the outdoor dining area excluding bollards. It has also been identified that adding outdoor dining will create an increased visual awareness of the businesses in the area and add to the public realm through the addition of an attractive outdoor seating environment. To assist with the establishment of the outdoor dining area it is proposed that the ODBG be allocated for the purchase of EABs. Appendices

Appendix Title of Document No. of Pages TRIM Ref A Outdoor Dining Bollard Grant Guidelines and

Permit Information 4 16/169242

B Proposed outdoor dining design 1 16/166482


OUTDOOR DINING BOLLARD GRANT – THE CHARMINAR RESTAURANT – ONE HENLEY BEACH ROAD, HENLEY BEACH SOUTH Item 3.35


Outdoor Dining Bollards Grant Eligibility Guidelines

City of Charles Sturt 72 Woodville Road, Woodville, South Australia 5011 T 08 8408 1111 F 08 8408 1122 www.charlessturt.sa.gov.au

Outdoor Dining Bollards grant For applicants applying for an Outdoor Dining Permit where it has been identified that energy absorbing bollards are required in order for permit to be granted (refer Prospective Outdoor Dining Permit – information sheet).

Grant Eligibility Businesses must be located in a designated ‘Place Making priority area’ or able to demonstrate that outdoor dining will have a positive impact on a particular location and make a significant contribution to achieving place making objectives (refer Place Making Framework). Both new outdoor dining permits and requests to expand existing outdoor dining areas can apply. Greater consideration will be given to those applicants that are able to demonstrate a minimum of 50% contribution to the costs of bollards and installation. A total of $30,000 funding is available of 2015/16 and will be allocated as required. Once funds are exhausted no further applications will be considered.

Grant Process

Ask

• Outdoor Dining Permit application submitted as per existing process.

Initial assessment

•Community Safety Permits Officer reviews permit applications.

•Place Management Team advised of applications that may be eligible for bollards grant.

Apply

• Eligible applicants invited to submit a Bollards grant request detailing:

• bollard style and placement

• quote for bollard installation (including production costs)

• overview of how business and precinct will benefit from the introduction (or expansion) of outdoor dining.

• level of contribution of business/property owner and grant amount requested.

2

Formal assessment

• Grant request submitted to Community Safety Permits Officer

• Report on request for grant prepared by Manager, Urban Projects and presented to the City Services Committee of the City of Charles Sturt for consideration (held monthly)

Outcome

•Applicant advised of outcome, including level of grant to be provided.

•Applicant submits a tax invoice for the grant amount in order for funds to be paid.

Acquit

•Provide evidence that grant has been spent and bollards installed (includes receipts for bollards, photographs)

Prospective Outdoor Dining Permit Applicants

Outdoor Dining Permit Application Process

Ask

•The applicant contacts Council on phone: (08) 8408 1111 and advises theywould like to make an Outdoor Dining Application.•The Community Safety Permits Officer will arrange a site visit to meet withthe Business Owner.

Assess & Apply

•The applicant and The Community Safety Permits Officer work together tocomplete the permit application, including identifying and site specificrequirements.•When ready the applicant submits the application (along with appropriatefee and copy of certificate of currency of Public Liability Insuranceindemnifying Council for a minimum amount of $20,000,000).

Activate

•Council receives the permit application, and will review to ensure compliance•Council issues permit•The applicant can now operate Outdoor Dining in accordance with theConditions of the Permit.

Prospective Outdoor Dining Permit Applicants 15/33821 City of Charles Sturt 72 Woodville Road, Woodville, South Australia 5011 T 08 8408 1111 F 08 8408 1122 www.charlessturt.sa.gov.au

Council Considerations- An Overview

High Risk Areas • Some locations have been identified as having very high traffic and a history of accidents and therefore for

pedestrian and road user safety reasons, may not be suitable for outdoor dining or may require energy absorbing bollards.

• If energy absorbing bollards are required this will be at the Permit Applicant’s cost.

Motorist Safety • Outdoor dining should not impact adversely on road users. • Outdoor furniture should not spill onto roads, or impede motorist vision.

Pedestrians Safety and Comfort • Outdoor dining area must not impede pedestrian accessibility adjacent to the boundary line. • Refer to conditions of permit for setback information.

Restaurant / Café Patrons Safety and Comfort • The proposed area should be a sealed hard surface so as not to create dust. • At least 1m2 per person (i.e. per chair) should be allowed when allocating space for chairs and tables in the

outdoor dining area. • Consider if a wheelchair can fit easily under at least some of the tables. A table surface height of 75cm – 85cm

is recommended. • Consider if there is enough space for a guide/assistance dog to be placed without impeding pedestrian access. Council Monitoring / Regulation of Outdoor Dining Areas • Operators are required to comply with all conditions of approval and the permit. • Council’s Authorised Officers will monitor outdoor dining areas, so please abide by the conditions of your

permit. If you don’t comply your permit may be revoked.

Prospective Outdoor Dining Permit Applicants 15/33821 City of Charles Sturt 72 Woodville Road, Woodville, South Australia 5011 T 08 8408 1111 F 08 8408 1122 www.charlessturt.sa.gov.au


OUTDOOR DINING BOLLARD GRANT – THE CHARMINAR RESTAURANT – ONE HENLEY BEACH ROAD, HENLEY BEACH SOUTH Item 3.35

APPENDIX B Appendix B consists of 1 page.


TO: City Services Committee FROM: Senior Policy Planner DATE: 20 June 2016

3.36 HERITAGE CONSERVATION GRANT APPLICATION – 32-34 ELIZABETH STREET,

CROYDON (B5015)

Brief

The purpose of this report is to advise Council of a current Heritage Conservation Grant Application for consideration.

Recommendation 1. That Council approve the allocation of $2000 from the Heritage

Conservation Grants Program to Mr Guida for the purpose of undertaking conservation work at 32-34 Elizabeth Street, Croydon as outlined in the application referred to in Appendix A, subject to the standard conditions of the Heritage Conservation Program Guidelines.

2. That the dimensions and details of the replacement posts must match the

dimensions and details of the existing posts.

Status This report relates to or impacts upon the following Community Plan Outcomes: Liveability and Place • Build healthy, functional and attractive neighbourhoods - Identify and protect character areas and iconic sites Sustainability and Environment • Protect our environment and minimise our ecological footprint - Promote sustainable development Economic Prosperity • Build an economically thriving and competitive city - Support and promote local economic growth and development Relevant Council policies are: • The City of Charles Sturt Heritage Conservation Program


HERITAGE CONSERVATION GRANT APPLICATION – 32-34 ELIZABETH STREET, CROYDON Item 3.36 Continued Relevant statutory provisions are: • Development Regulations, 2008 Background Council’s Heritage Conservation Program has been a successful initiative to assist owners of Local Heritage Places and Contributory Items with conservation work through several initiatives. These include providing a Heritage Advisory Service, a Heritage Conservation Grants Program and Planning Assessment lodgement fee concessions for Local Heritage Places and Contributory Items. A key focus of the overall Program is the Heritage Conservation Grants Program which aims to provide financial support to owners of Local Heritage Places and Contributory Items who are seeking to undertake conservation and restoration works to conserve the historic nature of their listed item. The program also provides grants for maintenance pruning for regulated and significant trees. Report Heritage Conservation Grant Application at 32-34 Elizabeth Street, Croydon A Heritage Conservation Grant application was lodged by Mr Guida to assist in the cost of undertaking conservation works to a Contributory Item at 32-34 Elizabeth Street, Croydon involving the restoration of the front verandah including: • replacement and repair of posts • replacement of iron sheets • replacement of capping, downpipes and gutters. The applicant received development approval in 2013 (development application number 252/2931/11) to convert the existing shops into a pair of semi-detached dwellings. The development approval also included the reconstruction of the front verandah. A copy of the grant application and supporting information is located in Appendix A for Members’ consideration. Two quotes for the proposed conservation works have been provided for the replacement of the posts which range between $2800 and $3,200. Two further quotes were provided for the replacement of the bullnose roof, guttering and downpipes ranging between $3,400 and $7,150 (excl GST). The lowest amount for the proposed conversation works totals $6,200. As part of the assessment process, advice was sought from Council’s Heritage Adviser based on the information submitted with the grant application by the applicant. In summary Council’s Heritage Adviser has advised that: • The proposed works are necessary conservation works and as a Contributory Item

Place, the works fulfil the eligibility criteria.


HERITAGE CONSERVATION GRANT APPLICATION – 32-34 ELIZABETH STREET, CROYDON Item 3.36 Continued • I am supportive of providing a grant towards the necessary conservation works. • I recommend a maximum of $2000 be provided for the re-roofing and post repairs. • A condition should be included that the dimensions and details of the replacement

posts must match the dimensions and details of the existing posts. Based on the cost of the proposed conservation works and the recommendations of Council’s Heritage Adviser, it is recommended that Council allocate a grant of $2000 (maximum grant allowable) to assist in the conservation work subject to the conditions of the Heritage Conservation Program Guidelines and the additional condition recommended by Council’s Heritage Adviser. Financial and Resource Implications A recurrent budget of $25,000 has been made available for this Program for 2015/16. A balance of $10,115 is committed for grants awaiting completion of conservation works. The balance remaining in the fund for future grant applications this financial year (2015/16) is minus $3,112. A total of $17,997 has been paid in grants in 2015/16. Whilst this will appear to exceed the allocated annual budget, based on previous experience it is unlikely that all committed grants will be paid out in the same financial year. However, in the unlikely event that they are, a transfer from recurrent budget savings will be sought to address any budget deficit. Customer Service and Community Implications The Heritage Conservation Grant program provides a service to the community by providing an incentive to pursue conservation works to the City’s built form and maintain existing Regulated and Significant trees. Environmental Implications The protection of local heritage contributes to the sustainability of the environment of the City. Community Engagement/Consultation Promotion of the benefits of the Heritage Conservation Grants Program is undertaken throughout the year through Council’s news columns in the local Messenger; Council’s Kaleidoscope and the erection of corflute signage on places that are undertaking conservation works that have received a grant commitment from Council.


HERITAGE CONSERVATION GRANT APPLICATION – 32-34 ELIZABETH STREET, CROYDON Item 3.36 Continued Risk Management/Legislative Implications The Heritage Conservation Program, and in particular the Heritage Conservation Grants Program provides a unique opportunity for Council to be proactive and assist property owners to preserve their Local Heritage Places and Contributory Items. The Program also assists in protecting Significant and Regulated trees for the benefit of the wider community now and for future generations. Conclusion The Heritage Conservation Grants Program allows Council to be proactive in the preservation and conservation of the City’s built form. The conservation works proposed at 32-34 Elizabeth Street, Croydon will improve the appearance of the Contributory Item and surrounding streetscape given its prominence to the street. Appendices

Appendix Title of Document No. of Pages TRIM Ref Appendix

A Heritage Conservation Grant Application 14 16/123439


HERITAGE CONSERVATION GRANT APPLICATION – 32-34 ELIZABETH STREET, CROYDON Item 3.36


Scanned - IMS - 290416 ... . ....• ..... .. . APR

•• •••, •••• •• • ...•...... •• •• •• • • • ..•. .. ...... • . . . Heritage Conservation Grants HEcEbvEO

Application Form 29 APR 2016

Please read the Heritage Conservation Program Guidelines prior to completing this application. Pleá?i use lock

letters and write with a black or blue pen. Applications must be completed in full.

Applicant details -

Applicant's Name: A (Must be owner or a Local Heritage Place, Contributory Item, Significant Tree or Regulated Tree)

Applicant'sAddress: Thim INoeL Phone: CL-. )L{ ct,Sb I Email: L

Location of proposed conservation work

No:21-R14 Street: L$ 2_kpEfl-J Suburb: C...P.Q71Y3H_Post code: b OO2 Certificate of Title Reference:

'Details of proposed conservation works

Full description of work for which funding is sought: (Attach appropriate documentation and photos)

t1C

Cost of conservation work: (Attach at least two quotes from p&sons or companies. Total cost of work must exceed $1000 to be eligible far Local Heritage-

Places or Contributory Items, and greater than $500 for a Significant or Regulated Tree)

Estimated start date: 3'J Estimated completion date: kU&tsfl - _ _tPTeHQui2_ 3-.ü\ (It is desirable that works are completed by 30 June 2016)

City of Charles Sturt 72 Woodville Road, Woodville, South Australia 5011 1088408 1111 F 088408 1122 www.charlessturt.sa.gov.au


Application Checklist: Local Heritage Place or Contributory Item

The application relates to a (please tick one):

fl Local Heritage Place

12/contributory Item

Relevant plans and specifications prepared by suitable person or company attached

12' Two quotes from suitable persons or companies attached

Photos of relevant part of building attached

Application Checklist: Significant or Regulated

The application relates to a (please tick one):

fl Significant Tree

LI Regulated Tree

Expert or technical report from a qualified arborist on the maintenance pruning proposed

Two quotes from tree pruners

Recent photos of the proposed maintenance pruning required

In preparing your application please refer to the Heritage Conservation Program Guidelines.

Declaration and conditions of funding

I r3. Pr . Gkrk) k understand this is an application only and does not

necessarily result in funding.

I have read and understand the Grant Approval and Grant Publicity conditions relating to Heritage Conservation

Grants funding as outlined in the City of Charles Stud Heritage Conservation Program Guidelines, and accept and

agree to abide by those conditions.

I understand that any works that receive grant funding may require separate development approval and I am

responsible for gaining necessary approvals.

I understand that the information contained in this application (for example property location, conservation work

details and cost) may be made available to Council and the public as a part of the Heritage Conservation Program

reporting process.

-2-


I understand that should this application be successful that:

o All work must be completed by the end of the financial year in which grant approval notification was

provided otherwise funds may be forfeited unless the applicant requests in writing an extension of time

which is granted by Council in writing

a the City of Charles Sturt will not warrant the workmanship or other qualities of the work as a result of any

inspection orvisit undertaken as part of the grant process;

o I must advis kCouncil in writing of any changes to the proposed works.

Signature: Date: PIPA\L O_c

Please submit this application to:

Senior Policy Planner City of Charles Stud P0 Box 1 Woodville SA 5011

-3-

Original Scanned - IMS - 290416

54

FROM \Ji4-i-orn LL DATEar/±/zo/. :

TELEPHONE NO:

TO 3 6n1d.

WE HAVE PLEASURE IN SUBMITTING THE FOLLOWING QUOTATION FOR YOUR CONSIDERATION

Sbr PUG 34- IE Ii s 4eALsJ c&01d0o

QUOTE IS VAUD UNTIL

SIGNED________

r IEASE DO NOT HESITATE TO CONTACT

I US FOR ADDITIONAL INFORMATION OR TO PLACE AN ORDER


Big M maintenance and restoration 0413845818 Marco

Remove and replace builnose sheets to front verandah Remove and replace D gutter and 80 mm dowupipe Remove and replace bardge caps and flashing to wall

$3400 Inc GST

11 c Scanned - IMS - 290416

5 Gosport St RENOWN PARK S.A. 5008 Tel: - (08) 8346 3720 Fax: -(08) 8346 3053 Carmine: - 0408 890 833

Paolino Construction Pty Ltd

BLD Lic 177978

Ouote Only ABN 99 103 991 671

30th March2016

To Dominic Guida

Job Site Elizabeth St

Remove five posts and replace with new to existing bulinose veranda.

To replace or fix other timber that are damaged and make good.

Labour and materials

Total $3200 Including Gst


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HINDMARSH ROOFING

Tuesday, 12Apr11 2016

Email: domguitar©hotmail.com

Attn: Dominic Guida

To MrGuida,

Re: Re-roofing the existing bullnose verandah at 32 & 34 Elizabeth St, Croydon S.A.

We have pleasure in submitting our quotation for re-roofing the existing bullnose verandah at 32 & 34 Elizabeth Street, Croydon S.A. Allowance has been made for the following.

• Remove the existing corrugated iron roof sheeting from the front bullnose verandah,

• Supply and fix .60mm BMT (.65mm TCT) Colorbond Custom Blue Orb corrugated iron roof sheeting curved to bullnose profile to the front verandah,

• .42mm BMT (.47mm TCT) Colorbond Mid Qak 10 (mini orb) vertical corrugated iron to both ends of the verandah between the roof line and the return fascia,

• .55mm Colorbond special made Pittsburgh barge cappings to both verandah ends, • .55mm Colorbond special made scribed apron flashings to the roof to wall junction, • .55mm Colorbond 125mm D or OG gutters with internal gutter brackets to the

verandah perimeters, • 90mm round PVC downpipes (unpainted) with stainless steel stand-off brackets,

o 1 drop to ground level.

SUPPLY & FIX -$7,150.00 +10%GST -$ 715.00 TOTAL -$7,865.00

Please Note: All metal rubbish to be removed from site on completion. No allowance has been made for hoarding I traffic management I public footpath access. The owner is responsible for any council I development application or approval fees if applicable. The owner is responsible for the repair of the existing verandah framework prior to re-roofing.

Warranty Bluescope Steel Roofing material guarantee - up to 25 years (Hindmarsh Roofing Pty Ltd is a Revolution Roofing approved contractor) Hindmarsh Roofing Pty Ltd workmanship guarantee - 10 years

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Scanned - INS - 290416

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