URBAN RENEWAL REGULATIONS AND GUIDELINES€¦ · Draft for comment (2) South Australia Development (Urban Renewal) Variation Regulations 2014 under the Development Act 1993 Contents

Government of South Australia

Department of Planning, Transport and Infrastructure

In reply please quote 2014108722101 Reference #8703612 Enquiries to Andrew Mckeegan Telephone 8204 8729 1

PLANNING DIVISION

fUI Roma Mitchell House 136 North Terrace

I CITY OF CHARLES STU Adelaide SA 5000

GPO Box 1533 Adelaide SA 5001

Mr Mark \'Vithers Telephone: 08 8343 2222

Chief Executive Officer Facsimile: 08 8204 8740

Charles Sturt Council ABN 92 366 288 135

P0 Box 1 Woodville SA 5011

/ /

Dear Mr Withers

URBAN RENEWAL REGULATIONS AND GUIDELINES

During passage of the Housing and Urban Development (Administration Arrangements) (Urban Renewal) Amendment Bill 2013 the Minister committed to engage on the associated Regulations with any organisation that made a submission on the Bill. To facilitate this please find enclosed a copy of the draft Regulations and Guidelines to support implementation of the Urban Renewad Act 2013 (Act).

The Act provides for a new urban renewal planning process, which removes the planning, assessment and ongoing management of a declared precinct from the normal planning system. The process is led by a declared precinct authority, which can take on the responsibilities of council and state government, including certification of development, collection of revenue and management of infrastructure, among other matters. The precinct authority must be either State or local government initiated and led, and can be with (or without) private sector partners.

The power of the process is the capacity for the precinct authority to manage all aspects of planning, assessment and delivery of a significant development project.

In order to implement the new process, I am keen to discuss the attached draft regulations and guidance material with you, as these will be critical to the effective roll-out of the Act. The following six draft guidelines have been prepared about the precinct planning process:

. Fact sheet 1 - Overview of the precinct planning process

. Fact sheet 2 - What does precinct planning mean for councils

0 Fact sheet 3 - What are panels and how are they established

. Fact sheet 4 - How to prepare a Precinct Master Plan (PMP)

. Fact sheet 5 - How to prepare a Precinct Implementation Plan (PIP)

. Fact sheet 6 - Consultation and engagement

Consultation, as required under section 7N of the Act, will run for a period of six weeks from 14 July until 25 August 2014. During this time I would be happy to meet with you and/or any members of your staff to discuss implementation of the precinct planning process.

Following the consultation process, the regulations will need to come into effect at the same time as the Act is proclaimed. It is the government's expectation that implementation will be a staged 'pilot' approach, to road test the new process. I would also be happy to discuss any potential sites for renewal that could benefit from this new approach with your Council.

Please contact Ms Cathryn Longdon from my office on 8303 0770 should you wish to arrange for a meeting to discuss the draft regulations and process. For technical matters please contact Ms Sally Smith, General Manager, Investment, Growth and Projects on 8303 0649 or email sally.smith(sa.gov.au .

I look forward to receiving your organisation's feedback by 25 August 2014. Please do not hesitate to contact me on 8204 8729 should you wish to discuss further.

Yours fsicerely,

Andrew McKeegan A/Deputy Chief Executive Officer Planning Division

ji July2014

2

Draft for comment (2)

South Australia

Development (Urban Renewal) Variation Regulations 2014

under the Development Act 1993

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Variation provisions

Pail; 2—Variation of Development Regulations 2008

4 Variation of regulation 24—Referrals 5 Variation of Schedule 10—Decisions by Development Assessment Commission

Part 1—Preliminary

1—Short title

These regulations may be cited as the Development (Urban Renewal) Variation Regulations 2014.

2—Commencement

These regulations will come into operation on the day on which the Housing and Urban Development (Administrative Arrangements) (Urban Renewal) Amendment Act 2013 comes into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Development Regulations 2008

4—Variation of regulation 24—Referrals

Regulation 24—after subregulation (5) insert:

(6) Schedule 8 does not apply to any development within a precinct under the Urban RenewalAct 1995.

GP 253 ME/SH 9.7.2014 2:59 PM Prepared by Parliamentary Counsel

S

Draft Development (Urban Renewal) Variation Regulations 2014 Part 2—Variation of Development Regulations 2008

5—Variation of Schedule 10—Decisions by Development Assessment Commission

Schedule 10, clause 1(2)—after paragraph (b) insert:

(c) development within a precinct under the Urban Renewal Act 1995, other than development within the precinct that falls within a class of development specified as development that is to be taken to be complying development for the purposes of the Development Act 1993.

Note-

As required by section 1OAA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council on

No of 2014

PLN0090/1 4CS


Draft for comment (2)

South Australia

Urban Renewal Regulations 2014

under the Urban RenewalAct 1995

Contents 1 Short title 2 Commencement 3 Establishment of precincts

Schedule 1—Revocation and transitional provision Revocation of Housing and Urban Development (Administrative Arrangements) (Urban RenewalAuthority) Regulations 2012 Transitional provision—Board of management of IJRA

1—Short title These regulations may be cited as the Urban Renewal Regulations 2014.

2—Commencement These regulations will come into operation on the day on which the Housing and Urban Development (Administrative Arrangements) (Urban Renewal) Amendment Act 2013 comes into operation.

3—Establishment of precincts (1) For the purposes of section 71 1(2)(b)(i)(G) of the Act, a business case must specif'

any statutory power referred to in section 7K of the Act that, in the opinion of the council, person or body submitting the business case, should (if the proposed precinct were to be established as a precinct under the Act) be conferred on the proposed precinct authority by the Governor under that section.

(2) For the purposes of section 7H(3) of the Act, the consultation period is 4 weeks.

(3) In this regulation-

Act means the Urban Renewal Act 1995.

Schedule 1----Revocation and transitional provision

1—Revocation of Housing and Urban Development (Administrative Arrangements) (Urban Renewal Authority) Regulations 2012

The Housing and Urban Development (Administrative Arrangements) (Urban RenewalAuthority) Regulations 2012 are revoked.


Draft Urban Renewal Regulations 2014 Schedule 1—Revocation and transitional provision

2—Transitional provision—Board of management of URA

The board of management of the JJRA in existence immediately before the commencement of this Schedule continues as the board of management of the IJRA.

Note-

As required by section IOAA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council on

No of 2014

PLN0090/14CS


Purpose

This fact sheet provides advice to practitioners

about the precinct planning process available

under the Urban RenewalAct 2013.

How does the precinct planning process work?

The Urban RenewalAct allows for the Minister for

Housing and Urban Development (Minister) to declare a precinct and appoint a precinct authority to develop a precinct plan through a process of community engagement. The outcome is a more comprehensive plan for renewal of an area.

The process is led by a declared precinct

authority, which can take on the responsibilities of council and State government, including certification of development, collection of revenue and management of infrastructure, among other matters. The power of the process is the capacity for the precinct authority to singularly manage all aspects of planning, design and infrastructure

delivery of a major development project.

What are the benefits to using the precinct planning process?

The precinct planning process is a powerful tool

that offers far more than a traditional rezoning process. It provides a coordinated approach that can expedite development, provide sharply

focussed management, drive innovation and build

communities.

Key benefits

• Sets up partnerships between government,

council and the private sector to deliver high

quality significant developments.

Provides for:

• Coordinated planning.

• Design and delivery of infrastructure

assets.

• Communityfacilities.

• Public realm improvements.

These may be handed over to other entities to manage with their agreement.

• Can address multiple land ownership to provide an integrated development approach to the precinct.

• Provides a more dynamic policy framework that can be easily changed in response to market preferences.

• Sets a minimum benchmark for community engagement while enabling more dynamic and innovative consultation frameworks to be used.

• The precinct authority may be granted authority to exercise a range of powers across state and local government jurisdictions to

ensure the effective management of the whole of the precinct, including the capacity to:

• Collect revenue.

• Deliver infrastructure.

• Set by-laws.

• Assemble land.

• Grant approvals, licenses and permits.

Alternatively, State and/or local government

may maintain existing responsibilities

__-_•__-_

What type of development is eligible?

The precinct process can be effective for a

diverse range of projects, including:

Regeneration projects, where:

• The closure of an industry results in a large

area of brownfield and redundant land being

available for development.

• There is a need for a locality to reinvigorate its

economic performance.

• Public land holdings can be used as a catalyst

for positive change.

• Areas where existing housing stock is of poor

quality and is at the end of its useful life.

Significant development projects, where there

are:

Large extensions to urban areas

Infill development projects in designated

growth areas that create new public

investment

New industries or innovative business

opportunities.

In considering the precinct process, two

fundamental questions should be asked:

• Does the project align with Government

strategies and priorities?

To gain support for the establishment of a

precinct, it must be demonstrated that the

proposal aligns with the strategic directions of

Government, in particular the Planning

Strategy for South Australia.

• Will this project benefit from the precinct

powers that can be made available to the

precinct authority?

The precinct powers tool is most effectively

applied to projects where:

• There are a number of stakeholders

involved.

• There are two or more councils affected.

• There is a partnership between a private

sector entity and a council or State

Government.

• Significant infrastructure coordination is

necessary.

Land is in disparate ownership.

There are significant State or local interests

to be resolved.

Development is staged over a long term.

It is important to note that precinct powers are

only one of a number of tools that are available

within the planning system to facilitate

development projects. Other mechanisms include

the rezoning of land through a development plan

amendment or declaration of a major

development proposal. These mechanisms

should also be considered before seeking a

precinct declaration.

What is the precinct authority and what are its

statutory powers?

The precinct authority must be either a council,

subsidiary of a council, the Urban Renewal

Authority or other statutory body. Private bodies

cannot on their own be declared as a precinct

authority.

The precinct authority is responsible for the whole

of the strategic planning and implementation of a

precinct. This responsibility extends from the

early feasibility of a precinct through to the

assessment of separate development

applications against an approved precinct master

plan and implementation plan(s). In some

instances a precinct authority is also responsible

for the delivery of infrastructure.

It is important to note that the precinct authority

only has the power to certify development as

complying development. If the proposed

development is considered non-complying with

the precinct master plan then DAC will be the

assessment authority.

The precinct authority may request, at the time a

precinct is proposed, that it be granted a range of

statutory powers to be exercised in consultation

with the original statutory body (for example a

council where the power is by-laws). Statutory

powers are granted by the Governor following a

decision of Cabinet.

I These powers can include:

Does the Development Act 1993 still apply?

• granting an approval, consent, license or

exemption

• providing a service or infrastructure

• imposing and recovering a rate, levy or charge

• making by-laws under the Local Government

Act

• other matter prescribed by Regulation.

The precinct authority is also required to prepare

a precinct master plan and precinct

implementation plan(s) in consultation with a community reference panel and design review

panel. Other panels or engagement processes can also be adopted by the authority.

What is the role of precinct master plans and precinct implementation plans?

Precinct master plan (master plan)

The master plan is a strategic, high level document that identifies how the whole of a precinct will be developed, including the scale of development, mix of land uses and associated infrastructure requirements. The master plan must be supported by the Minister responsible for

the Urban Renewa/Act and the Planning Minister, signed off by the Governor and published in the Government Gazette. This level of endorsement is required to ensure there is commitment to the delivery of a precinct and the manner in which it will be delivered. This master plan is subject to parliamentary scrutiny through referral to the Environment, Resources and Development Committee of Parliament.

Precinct implementation plan (implementation

plan)

The implementation plan must be endorsed by the Minister responsible for the Urban Renewal

Act and provides a greater level of detail about how a precinct will be developed. More than one

implementation plan may be prepared to reflect

the staging of a development.

Yes, as outlined in more detail below.

Relationship between precinct planning documents and development plans

Once a precinct has been declared under the

Urban Renewal Act the precinct authority will

prepare a master plan and implementation

plan(s). The preparation of these documents includes similar steps to a normal development

plan amendment (DPA) process (such as public

consultation, Ministeilal approval and Parliamentary oversight) but they will cover a

broader range of issues than is possible in the normal DPA process.

An approved master plan can lead to an

amendment of a development plan. In the case of an approved implementation plan, a development plan must be amended by notice in the gazette using the section 29 process under the Development Act 1993. This process ensures consistency between the relevant Development Plan and the approved master plan and implementation plan(s).

Assessment process

The assessment process under the Urban Renewal Act modifies the normal Development Act 1993 process, as follows:

• Step 1: Proponent lodges application with precinct authority who certifies the application as complying (against the master plan).

• Step 2: Development application lodged with council

as a complying development (10 day decision). Council only need to ensure the

proposal has been certified by the precinct authority.

• Step 3: Building approval (certifier or council).

• Step 4: Full development approval issued by council.

The precinct authority is only able to certify

development proposals that are deemed by them

to be complying development by assessing

against the master plan. That is - if the

development is non-complying then the precinct

authority cannot certify it.

In determining whether to certify a proposal as

complying development the precinct authority will

consider the precinct master planning documents.

These will include performance based outcomes,

as well as some prescriptive standards such as

building envelope and height. As such, the

precinct authority is not limited in their

assessment of proposals against only prescriptive

criteria.

In circumstances where development is not

complying, the application will be assessed by the

Development Assessment Commission (DAC) on

merit. An example might include a 7 storey

building in a 6 storey precinct. For proposals that

depart significantly from that envisaged in the

precinct planning documents, the precinct

authority can amend these documents following

the process prescribed in the Urban Renewa/Act.

will be constituted.

• Objectives of the precinct.

• Alignmentwith the Planning Strategy.

• The consultation proposed.

• Any statutory power referred to in section 7K

of the Act that is sought to be conferred on the

precinct authority, including:

to grant an approval, consent, license or

exemption; or

• to provide a service or infrastructure; or

• to impose and recover a rate, levy or charge;

or

• to make by-laws under the Local Government Act 1999 or the Local Government Act 1934.

In requesting to establish a precinct other matters

that should be considered in the business case

include:

• Land ownership arrangements.

• Key contact details and project team, including

expertise in delivering significant development

projects.

With the approval of the Minister, the precinct

authority may also certify land division

applications.

How do I start the process?

A request to nominate a potential precinct can be

initiated by a council or other person or body. A

private sector person representative should aim

to partner with either a council or Renewal SA in

the establishment of a precinct.

To formally start the process, the proponent will

be required to lodge a business case (a template

attached at the end of this fact sheet) for

consideration by the Minister, which must include

the following information:

• The precinct name and area sought to be

declared a precinct.

The proposed precinct authority and how it

For further information

For further information on precinct planning and

the Urban Renewal Act, phone or email:

Investment Team The Department of Planning, Transport and

Infrastructure

Level 6, Roma Mitchell House

136 North Terrace, Adelaide

Call (08) 8303 0769 Visit www.dpti.sa.gov.au

A full suite of fact sheets has been prepared

about the precinct planning process and includes:

• Fact sheet 1 - overview of the precinct planning process (including flow chart and busness template)

• Fact sheet 2 - What does precinct planning

means for Councils • Fact sheet 3 - What are panels and how are

they established • Fact sheet 4— How to prepare a precinct

master plan • Fact sheet 5 - How to prepare a precinct

implementation plan • Fact sheet 6 - Consultation and engagement

Also refer to ODASA Design Guidance Note 1.1.3 Master Plans (March 2014)

Flow chart - Precinct planning process

Precinct Request •Council

•Renewal SA •Any body or person

•Partnership involving all or any of the above

I Business case prepared by proponent (having made

a Precinct Request)

IT

Minister for Housing and Urban Development (Minister) gazettes precinct and precinct authority

Precinct authority establishes panels

Precinct authority prepares draft precinct master plan and design guidelines

Precinct authority may prepare draft precinct implementation plan at this stage

I Consultation on draft precinct master plan and design

guidelines

Precinct master plan and design guidelines approved by Minister

Parliamentary review of precinct master plan by Environment, Resources and Development

Committee (ERDC)

Precinct authority prepares draft precinct implementation plan

Precinct implementation plan approved by Minister

Precinct authority manages the development: •Certification of development proposals

•By-laws •Revenue collection (if granted authority)

• •lnfrastructure delivery

Precinct name

Area to be declared

Proposed Precinct Authority

Precinct objectives (Inc.

strategic alignment)

Proposal description

Proposed consultation strategy

Proposed assets and/or infrastructure to be provided/controlled by the Precinct Authority

Specific details are required for each ticked assetlirifrastructure - please provide in the box below

arts, culture and heritage [ ] information & communications technology [ ] roads

by-laws [ I justice & emergency services [ ] science, technology & innovation

[I community services and housing [ ] liquor licensing [] transport

I education and training [ I natural assets [ ] waste management

energy [ I open space [ ] water

[I health [ ] recreation and sport [1 other:

Details of proposed

assets/infrastructure

provided/controlled by the Precinct Authority

Proposed services and/or infrastructure to be provided by Council

Specific details are required for each ticked asset/infrastructure - please provide in the box below -

arts, culture and heritage [ ] information & communications techndogy [ ] roads

[I by-laws [I justice & emergency services [] science, technology & innovation

community services and housing [ ] liquor licensing [ ] transport

I education and training 1[ I natural assets J waste management

energy open space ] water

[]health jecreation and spo []other:

Details of proposed assets/infrastructure

provided/controlled by Council

Name(s) - lEmail(s)

Phone Number(s)

Purpose


about the impacts and opportunities available to

councils in the precinct planning process

available under the Urban Renewa/Act 2013.

What is the role of councils in the precinct

planning process?

Councils can play different roles in precinct

planning under the Urban Renewa/Act, including:

Initiate a precinct

Council can request that the Minister for

Housing and Urban development (Minister)

declare an area as a precinct (this requires a

council to prepare a business case).

Precinct authority

Council may be the precinct authority.

Participant

Where the council is not the precinct authority,

consultation with council is required

throughout the precinct planning process.

Before publishing a notice declaring a precinct,

the Minister must consult with and have regard to

the views of any council within the area of the

proposed precinct.

How can a council become a precinct

authority?

The council may request that the Minister declare a specified area of land as a precinct in the Gazette.

In making such a request the council must prepare a business case in' support of the

proposal. This business case must, among other things, outline the body that is proposed to constitute the precinct authority as well as generally providing an argument around why a precinct planning approach is warranted.

What powers may be vested in the precinct

authority?

The Governor may authorise, by regulation, the

precinct authority to exercise any of the following

statutory powers, traditionally held by local

(and/or State) government:

To grant an approval, consent, licence or

exemption.

To provide a service or infrastructure.

• To impose a rate, levy or charge under the

Local Government Act 1999 (as if it were a

council) and require the council to collect the

rate on behalf of the precinct authority (less

council administrative fees in undertaking this

function).

• Make by-laws under the Local Government

Act 1999 or the Local Government Act 1934.

The power is then exercised by the precinct

authority as if the powers had been delegated to

it. Should the precinct declaration be revoked, the

powers listed above would be returned to the

relevant body / council.

Rates/Charges/Levies

Before the Governor can make a regulation about

the precinct authority's ability to impose a rate,

charge or levy the relevant council(s) must be

consulted.

Should the precinct authority be authorised to

raise revenue for the purposes of the

management, development or enhancement of

the precinct under the Local Government Act 1999, the council is required to collect the rate on

behalf of the precinct authority. Council's

administrative costs in collecting the revenue will

be off-set by the precinct authority.

By-Laws

If a precinct authority makes a by-law under the Local Government Act 1999 or the Local Government Act 1934, the by-law cannot be altered without the consent of the precinct

authority; except where the authorisation is

revoked or the relevant precinct is dissolved.

In the event that there is any inconsistency between an approved precinct plan and local government by-laws, the precinct plan will prevail.

Is the development plan still relevant?

The precinct authority in preparing the precinct master plan (master plan) and precinct

implementation plan(s) (implementation plan) must have regard to the relevant development plan(s) and strategic directions report(s), as well as the provisions of the Planning Strategy (among other matters). The precinct authority must

consult with each council that has a direct interest in the master plan, as well as the community reference panel and design review panel established for the precinct. Community

consultation is also required.

Once a master plan has been prepared, or is

amended, the development plan may be amended by the Minister for Planning by notice in the gazette. Further, the Minister for Planning

must amend the development plan by notice in the gazette within one month of the adoption or

amendment of an implementation plan(s)

Once the master plan and implementation plan(s) are completed, development within the declared

precinct will be assessed by the precinct authority

against them for complying development. Of note,

the master plan and implementation plan(s) are

public documents of which a court will take

judicial notice.

The Minister for Planning may also wish to

amend the development plan at the same time

that the precinct is declared, to ensure that the

intent of the precinct is not compromised by development applications not envisaged in the

precinct.

Council role in the master plan and

implementation plans

The precinct authority must consult with the relevant council(s) in the preparation of the

precinct plans.

A council representative (being a person

authorised in writing by a council within an area of a precinct) may attend, but not participate in, any meeting of a panel established by the precinct authority and may have access to papers provided to members of the panel for the purposes of the meeting.

Do councils still issue the full development

approval?

Yes.

The assessment process under the Urban Renewal Act modifies the normal Development Act 1993 process, as follows:

Step 1:

Proponent lodges application with the precinct

authority who certifies the application as complying (against the precinct master plan)

Step 2:

Development application lodged with council

as a complying development (10 day decision). Council only need to ensure the

proposal has been certified by the precinct authority

• Step 3:

Building approval(certifier or council).

• Step4:

Full development approval issued by council

The precinct authority is only able to certify

development proposals that are designated

through the precinct master planning documents

as complying development. That is, if the

proposal is not a complying development in a

precinct planning document then the precinct

authority cannot certify it.

In circumstances where development is not

complying, the application will be assessed by the

Development Assessment Commission (DAC) on

merit. An example might include a 7 storey

building in a 6 storey precinct. For proposals that

depart significantly from that envisaged in the

precinct planning documents, the precinct

authority can amend these documents following

the steps prescribed in 7 1(8)-(19), which includes

consultation.

Call (08) 8303 0769

Visit www.dpti.sa.gov.au



• Fact sheet I - overview of the precinct

planning process (including flow chart and

business template)

Fict sheet 2

ai Icr Co UH:

• Fact sheet 3— What are panels and how are

they established

• Fact sheet 4— How to prepare a precinct

master plan

• Fact sheet 5 - How to prepare a precinct

implementation plan

• Fact sheet 6— Consultation and engagement

Also refer to ODASA Design Guidance Note 1.1.3

Master Plans (March 2014)

What happens when a precinct is revoked?

Before revoking a precinct, the Minister must be

satisfied that the precinct authority has consulted

with any council within the area of the precinct

about:

• The transfer of any assets or infrastructure

• Any other changes to responsibilities that

relate to the council when the precinct is

revoked.




Investment Team

The Department of Planning, Transport and

Infrastructure



Purpose

This fact sheet describes panels under the Urban Renewal Act 2013 and how they should be established.

Why establish Panels?

The Urban Renewal Act requires a precinct authority to establish the following panels in relation to a precinct (unless exempt by regulation):

• Design review panel.

• Community reference panel.

• Others as required or as requested by the responsible Minister (Minister for Housing and Urban Development).

The precinct authority must comply with any requirements of the Minister, set at the time precinct is established, in relation to the composition of a panel. The constitution of the

panels should have regard to the overarching consultation strategy for the precinct which is also proposed at the time the precinct is established.

Who is responsible for establishing panels?

The precinct authority is responsible for

establishing the panels.

What is the role of the panels?

The role of the panels is to provide considered,

balanced and regular advice and feedback to the

precinct authority on planning and development within the precinct and design during the

development of the precinct master plan and precinct implementation plan(s).'

Terms of references for each panel should be

prepared by the precinct authority to clarify the

role and expectations of panel members and to ensure any conflicts of interest can be managed. Payment of panel members should be considered in recognition of the important contribution that is

made.

Design Review Panel

The role of the design review panel (DRP) is to provide advice to the precinct authority about:

• Design elements in both public and private areas in the precinct.

• Design issues that arise in the planning and development of the precinct.

• Practices and procedures that should be adopted to promote innovative design solutions to issues that arise in the precinct.

• Any other matter relating to design within the

precinct.

The design review panel should be established to provide independent and impartial advice on design to assist in improving the quality of

buildings, landscapes and public spaces. The process should support good design intentions to help identify and support innovative design solutions. The design review process also has the potential to reveal additional opportunities that enhance quality.

The design review panel should be established in

line with the Office for Design and Architecture SA's Guide to Design Review in South Australia. More information about the Government Architect

and the design review panel can be found at www.odasa .sa.gov .pu.

Community reference panels

The community reference panel must comprise of

representatives of the local resident community to

provide advice to the precinct authority in relation

to community views and contribute to a shared

vision for the development of the precinct.

The community reference panel should be a key

mechanism for ongoing community consultation

throughout the preparation and implementation of

a precinct. This will ensure the precinct authority

receives timely information about existing and

emerging community issues rather than individual

issues. It is also a key mechanism to discuss how

best to disseminate information to the community

and advise on the best ways of engaging wider

community in the project.

Membership should include community members

who represent the broad interests of the local

community, including business, industry and

demographic sectors (gender and age). The

precinct authority should seek expressions of

interest from the community for membership of

the community reference panel and should select

candidates based on their ability to adequately

represent community interests and carry out the

roles and responsibilities of the panel.

The precinct authority should also provide

appropriate training and development

opportunities as an investment in the community

reference panel and their role with the

community.

The precinct authority must consult with the

design review panel and community reference

panel during the statutory consultation processes

on the draft plan.

Council involvement in panels

The Urban Renewal Act enables a person,

authorised in writing by the relevant council, to

attend any meeting of a panel and have access to

papers provided to members of the panel for the

purposes of the meeting.

If the panel decides that a matter dealt with at a

meeting attended by a representative of council

should be treated for any reason as confidential,

the panel may advise the council of this and the

council must treat the matter as confidential.




Investment Team


Infrastructure



Call (08) 8303 0769

Visit www.dpti.sa.gov.au



• Fact sheet I - overview of the precinct

planning process (including flow chart and

business template)


means for Councils

Fact sheet 3 AhRt Rri EL ad h(.A Eie

they established


master plan


implementation plan

• Fact sheet 6 - Consultation and engagement



Purpose


about the role and purpose of a precinct master plan (master plan) under the Urban Renewal Act

2013.

Why prepare a precinct master plan?

The Urban Renewal Act requires a precinct authority to prepare and maintain a master plan and precinct implementation plan(s) (implementation plan) for an established precinct.

The master plan is important in setting out the overarching principles and objectives, spatial structure and targets for a precinct and in gaining a consistent understanding between the precinct authority, government, council(s) and the community about what may happen in a precinct.

It is considered to be of primary importance in the process as evidenced by the requirement for the

Governor's approval.

What is a precinct master plan?

The master plan is intended to be a high level plan that defines a vision, strategic directions and guidelines to ensure the effective and ongoing

management of development within a precinct.

A master plan should be strategically aligned and

seek to promote the provisions of the Planning

Strategy for South Australla and have regard to

other relevant state policy documents.

While the precinct authority should have regard to the relevant council's strategic' directions report

and development plan, it is not bound by the

directions of these documents. The precinct

framework will replace the strategic investigations and policy positions contained in these documents.

A precinct master plan should be:

Flexible Clear in its objectives and principles, while allowing for changes in circumstances, such

as the market, economy or any other unforeseen circumstance.

• Clear and certain Provide greater certainty for the community and investors about how the area will be

broadly developed and what it is set out to deliver. In doing so, it may identify complying development in the precinct.

• Contextual Should respond to the surrounding context,

including the relationship to areas outside the precinct, views and aspirations of existing communities.

• Participatory Should be the result of a participatory process, providing stakeholders with the means to

express their needs and priorities

• A catalyst for change

Identifies and resolves issues in a way that unlocks the potential of the precinct and allows

for growth and change.

• Framework for infrastructure delivery

Should be specific about what infrastructure is required, thresholds for delivery and how it

may be delivered.

A precinct master plan should include:

• Vision

A clear vision about what should be achieved

in the precinct.

• Strategic framework

Aims and objectives sought for the precinct.

• Spatial structure

Spatial plan showing how the area will be

structured, taking account of key opportunities

and constraints. It should be based upon an

appraisal of the site and its surrounding

context.

• Design principles

Provide a set of high level design principles

and outcomes for the precinct addressing

matters such as grain and character, form

and scale, connectivity and legibility and public

realm.

• Land use guidelines

Describe the classes of development that are

envisaged (complying development) within the

precinct and how they will be arranged,

including general location, type and density of

activities that takes into account the spatial

context of the broader area and the design

principles.

• Critical infrastructure requirements

Identify major infrastructure and services

required to support the proposed

development.

The master plan must be supported by a precinct

implementation plan(s) (implementation plan),

which may be prepared for the whole precinct or

parts of the precinct. The implementation plan(s)

can be prepared at the same time as the master

plan or after (Refer to fact sheet 5 for more

in formation)

What is the process for establishing the

precinct master plan?

There are some minimum statutory steps that

should be followed in establishing a master plan:

Prepare a draft plan

• Consult with any design review panel,

community reference panel or other panel that

has been established for the precinct.

• Consult with any government department or

agency that has a direct interest in the matter.

• Consult with any council that has a direct

interest in the matter.

• The master plan must be released by public

advertisement

• May be required to hold a public meeting (at

the discretion of the Minister for Housing and

Urban Development)

• Following consultation, the precinct authority

must provide the Minister for Housing and

Urban Development and the Minister for

Planning a report on the matters raised during

consultation.

• The Minister may then seek the advice of the

independent Development Assessment

Commission.

Questions for the precinct authority

In preparing the master plan, useful questions to

be considered by the precinct authority may

include:

Will the master plan deliverthe vision?

• Does the master plan set out

strategies/principles that will create a precinct

that will function in terms of its urban design,

streets, spaces, movement and infrastructure?

• Does it provide the basis to create great

places within the precinct?

• Are the strategies/principles viable in

economic and market terms?

• How does the precinct interface or integrate

with surrounding communities?

• Can the master plan be delivered?

• Does the master plan sufficiently describe the

desired form and character of the precinct

while being flexible enough to allow for

negotiated change to meet changing

circumstances and demands?

How is a precinct master plan implemented?

The master plan will be implemented by the

implementation plan or a suite of implementation

planss prepared over time to represent various stage of a development in accordance with the

direction provided in the master plan.





Infrastructure Level 6, Roma Mitchell House 136 North Terrace, Adelaide


A full suite of fact sheets has been prepared about the precinct planning process and includes:

• Fact sheet I —overview of the precinct planning process (including flow chart and business template)

• Fact sheet 2 - What does precinct planning means for Councils

• Fact sheet 3 - What are panels and how are they established Fact sheet 4 - How to prepae a prec!nct niateF jIan


implementation plan

• Fact sheet 6 - Consultation and engagement


Purpose


about the role and purpose of the precinct

implementation plan (implementation plan) under

the Urban RenewalAct 2013.

What is a precinct implementation plan?

An implementation plan should seek to promote

the provisions of the Planning Strategy and may

specify:

• detailed plans and maps relating to roads,

sizes and arrangements of allotments; building

heights and density; and public places

• an implementation framework, including in

relation to infrastructure.

The implementation plan may also address, adopt

or incorporate any other matter specified by the

Minister.

There may be more than one implementation plan

for a precinct, and these should be prepared to

implement the precinct master plan (master plan).

The implementation plan(s) can be prepared in

stages.

Importantly, these documents are legal

documents of which a court or tribunal must take

judicial notice. Section 29 of the Development Act

1993 effectively provides for master plan(s) and

implementation plan(s) to be inserted into a

development plan without the need for a

development plan amendment (DPA). Under the

Urban Renewal Act, a master plan and

implementation plan(s) substitute development

plan provisions and become the assessment tool

used by the precinct authority to implement the

growth and change envisaged for the precinct.

What should a precinct implementation plan

include?

The implementation plan should be an

operational document that must be consistent

with the master plan.

The implementation plan can go further than a

development plan and can cover a broad range of

issues beyond the traditional 'planning'

framework, providing an integrated approach to

the design of the precinct, including:

• Sequence/staging

Identify the staging requirements.

• Urban form

Detailed plans and maps that define the

heights and densities

• Public realm

Detailed plans about public spaces that

identify how the streets, squares and open

spaces of a neighbourhood are to be

connected.

Movement

Detailed plans about roads that identify the

network of movement patterns for people

moving by foot, cycle, car, public transport and

service vehicles.

• Community

Identify housing choice, character, amenity,

social services/facilities, arts and culture,

health and well-being.

• Infrastructure Works

Set out the basis for provision and delivery of

infrastructure and services.

• Heritage

Identify important heritage and how it can be

integrated into the future development of the precinct.

Process for establishing the precinct

implementation plan

There are some minimum statutory steps that

must be taken in establishing an implementation

plan as set out below:

• Prepare a draft plan taking into account the PMP.

• Consult with any design review panel,

community reference panel or other panel that

has been established for the precinct.

• Consult with any government department or agency that has a direct interest in the matter.

• Consult with any council that has a direct interest in the matter.

• Consultation must be undertaken as agreed by the Minister for Housing and Urban Development (Minister) in the establishment of the precinct.

• Following consultation, the precinct authority must provide the Minister and Minister for Planning a report on the matters raised during consultation.

• The Minister may then seek the advice of the independent Development Assessment Commission.





Infrastructure




A full suite of fact sheets has been prepared about the precinct planning process and includes:

• Fact sheet I — overviewof the precinct planning process (including flowchart and business template)

• Fact sheet 2— What does precinct planning means for Councils

• Fact sheet 3 - What are panels and how are they established

• Fact sheet 4— How to prepare a precinct master plan

• Fact sheet 5 -- How to )repa1e precinct m:4ernentation plan

• Fact sheet 6— Consultation and engagement


Approval of the precinct implementation plan

The implementation plan is adopted by the Minister and then the precinct authority must as soon as practicable publish in the Gazette and ensure copies of the plan are reasonably

available for inspection by the public.

Following approval of the implementation plan, the Minister for Planning must within I month

amend the Development Plan by gazette notice to

give effectto the PIP.

Purpose


about how and when to consult with key

stakeholders including the community, industry

groups and state agencies about the

development of precinct plans under the Urban RenewalAct 2013.

Consultation—what is required?

A key feature of the Urban Renewal Act is its

approach to consultation and engagement. While

the legislation sets out minimum requirements, it

has been specifically designed to encourage

innovative and creative approaches to

engagement that are tailored to the specific

needs of each precinct.

Importantly, the Urban Renewal Act allows the

proponent to identify the consultation proposed as

part of the business case, which is provided in

support of the precinct application. This is likely to

be in the form of a high level 'consultation plan',

which will play an important role through the

planning and implementation of the declared

precinct.

The consultation plan will be an important part of

the Minister for Housing and Urban Development

(Minister) considerations in declaring a precinct.

Further, in declaring a precinct the Minister may

also prescribe additional statutory engagement

requirements.

What are the key steps?

The legislation has the following statutory steps

that must be undertaken:

• The proponent prepares a business case

which includes a consultation plan.

• The Minister approves the precinct and can

set out any specific engagement requirements

(including composition of panels; how panels

may assist consultation; whether a public

meeting is required for a precinct master plan

(master plan); and specific consultation

requirements for the precinct implementation

plan (implementation plan).

• The precinct authority sets up community

reference panel, design review panel and any

other panel considered necessary.

• The precinct authority releases the master

plan for consultation through a public notice

and engages with any council's or government

agencies with a direct interest.

• A public meeting may be held at the end of the

consultation process for the master plan, if

required by the Minister.

• A consultation report is submitted to the

Minister and an amended master plan is

submitted for Ministerial and then Cabinet

approval.

In addition to these requirements there are a

number of bodies that need to be consulted

through the process:

Council consultation and engagement

• The Minister must consult the relevant council

prior to a precinct being gazetted.

• The precinct authority must engage with the

council on any precinct powers that are

traditionally the councils responsibility (refer to

fact sheets 1 and 4 on precinct powers).

- - - - . .. ----------- -.. -- --;-.

Government agencies consultation and

engagement

• Government agencies with a direct interest are consulted on the draft master plan and

implementation plan(s)

Development Policy Advisory Committee (DPAC)

and the Development Assessment Commission (

DAC)

• The Minister for Planning may seek DPAC

advice on the implications of declaring a

precinct from a strategic perspective (to be undertaken prior to the gazette).

• The Minister for Planning may consult DAC about the objectives of the precinct (prior to gazette of the precinct); and seek advice on relevant planning, development and assessment issues within the precinct. This is similar to the role of DAC in issuing guidelines

for major development applications.

Why consult the community?

Consultation with communities and residents is an essential part of the planning system and provides opportunities for the community to share their views on how an area grows and evolves in a constructive way.

The Urban Renewal Act requires the community

to be consulted at key stages of the precinct planning process, including on the draft master plan, and if required by the Minister, about the implementation plan as well. However, there are real benefits in consulting with the community early, and while planning for the precinct is still evolving. The establishment of community reference panels may, if used effectively, help the precinct authority in obtaining community views and providing updates back to the community as

the precinct evolves.

The benefits of engaging the community early

include:

• allowing local knowledge, values and priorities

to be considered

• providing the community with a better

understanding of the proposed development of

the precinct

• building a rapport within the community which

may increase overall support for the project

• taking a 'no surprises approach' that reduces

the risk of possible delays during the final

stages of the precinct process

• creating greater opportunity for the community

to be involved in the process of precinct

development.

Why engage with council and statutory

bodies?

It is important to consult with affected local

governments and state agencies during the planning of a declared precinct. This is particularly important where consultation is about the delivery and ongoing maintenance of infrastructure and services.

What does a consultation plan look like?

A draft consultation plan should be provided with the business case that includes the following information:

Consultation objectives and scope

Should be measurable, achievable, accessible and realistic.

Who will be consulted

Consider geography, interest groups, industry bodies, state agencies, local government etc. - noting that not all stakeholders will need to be engaged at the same level.

Community reference panel

How the panel will be established; who will be on the panel and how the panels may assist in the consultation process.

The process for consultation

The reasons for engagement with the

community, including consideration of engagement tools, materials and methods.

• Negotiable/not negotiable outcomes and goals

Clarify what aspects of the proposal are

negotiable and not negotiable

• Reporting and Feedback How community feedback will be received and

incorporated into the development of the

project, and how evidence of this will be fed

back to the community.

• Timing and budget The consultation plan should remain a flexible

document that can be reviewed and modified

to adapt to changing circumstances. The

engagement plan should be reviewed and

endorsed by the community reference panel.

How is feedback addressed and reported on

throughout the process?

The process requires that the proponent prepares

a response document that summarises and

addresses matters raised throughout the

consultation process. The Minister may seek

advice from the development assessment

commission about the response document in

deciding whether to approve the master plan (and

implementation plan(s)).




Investment Team


Infrastructure



Call (08) 8303 0769

Visit ww.dpti.sagov.au



• Fact sheet I — overviewof the precinct

planning process (including flowchart and

business template)


means for Councils

• Fact sheet 3 - What are panels and how are

they established


master plan


implementation plan

Fact sheet 6 - Cnsu ion and onqaqe meat



Documents

URBAN RENEWAL REGULATIONS AND GUIDELINES€¦ · Draft for comment (2) South Australia Development (Urban Renewal) Variation Regulations 2014 under the Development Act 1993 Contents