Posted on LinkedIn Nov 22, 2015 by James Blindell and repeated here with James’ permission:

Of course, Abraham Lincoln was right – but has the South Australian Government and Minister Rau lost sight of this political truth in its attempts to severely wind back the already limited opportunities for community participation in the SA development assessment system??

The Planning, Development and Infrastructure Bill 2015 has just passed the House  of Assembly on 17/11 and is due for debate in the Legislative Council starting 01/12.  I set out below a few of the more obvious proposals in the Bill clearly aimed at winding back community rights to comment upon and challenge development assessment decisions:

• Clauses 52 & 53– Minister can prohibit, restrict of limit access to any document/material on the proposed SA Planning Portal (which will include development applications (DA) and related documents/plans). All documents on the Portal are exempt from the FOI Act. Therefore, even if the community has a right to make a third party representation on a DA, access to critical documents (even the whole DA) can be denied – rendering the representation right of little value.
• Clause 100(6) – in relation to Performance Assessed Development(PAD), the equivalent of the current Category 2 development, the Planning and Design Code may excludespecific classes of development from the proposed community notification requirements (for owner/occupiers of adjacent land and the general public [by notice on the relevant land]).
• Clause 103(3) – in relation to Restricted Development(RD), the equivalent of the current Category 3 development, the Planning Commission may dispense with the proposed community notification requirements (for owner/occupiers of adjacent land, other owners/occupiers who, in the opinion of the Commission, would be directly affected to a significant degree, other prescribed persons and the public generally[including by notice on the relevant land]) IF the Commission considers that giving of notice is “unnecessary in the circumstances of the particular case”.
• Currently under the Development Act (section 38(10), Category 2 representors “may” be allowed and Category 3 representors “must” be allowed to appear before the relevant authorityto be heard in support of their representations – these rights have totally disappeared under the Bill in regard to PAD and RD representors.
• In regard to the proposed Restricted Development notification, there is no certaintyas to whether the public notification will be done through notification in a newspaper (as is currently done in regard to Category 3 Development under Development Regulation 33). My guess is that the intention is that it will only be done through a notice on the subject land (see wording of clause 103(2)(iv)) – a further restriction on community notification and participation.

These proposed changes are only the tip of a very large iceberg that will well and truly sink both community participation and confidence in the development assessment system in SA. Other changes include new objects for the planning system that ignore social inclusion and our environment , the creation of a Planning Commission that will be controlled by the Minister, attempts to restrict community participation/comment to policy and strategy, and an unenforceable “Citizens Engagement Charter” to be written and managed by the Minister.

Very happy to discuss further – send me a text!”

James Blindell, Lawyer
(ph.) 08 732 96515 (m.) 0401 464 245
“Finding Affordable Solutions”
Planning & Development, Local Government,
Environmental, Heritage, Natural Resources.