Planning, Development & Environment Master Class
This Master Class is essential for Planning and Building staff, Compliance Officers, Development Services Managers, Chief Executive Officers, Elected Members, Council Assessment Panel members and Planning Consultants.
|8:45 am – 9:15 am||
|9:15 am – 9:30 am||
Welcome & Introduction
|9:30 am – 10:20 am||
Case Law Update
Your essential annual update on all of the important planning and compliance decisions made by the ERD Court, Supreme Court and Ombudsman over the last 12 months.
Aden Miegel will cover a range of topics including change of use; joinder applications; junkyards; categorisation challenges; contempt of court proceedings; the protection of views; short term accommodation; service stations and the latest on the residential code.
|10:20 am – 11:00 am||
Judicial Review Demystified
As third party merit appeals in the ERD Court become more scarce, escalation of planning disputes is likely to take on a different complexion under the Planning, Development & Infrastructure Act 2016.
Review of procedural decisions, as well as full-blown judicial review proceedings in the Supreme Court, may become more prevalent.
In this session, Peter Psaltis will explain the fundamentals of judicial review proceedings, how they differ from traditional merits-based forms of review, and what risks and opportunities lie ahead for decision-makers under the PDI Act 2016, councils and third parties who remain disgruntled with planning decisions.
|11:00 am – 11:20 am||
|11:20 am – 12:10 pm||
Understanding the Planning & Design Code
The transition from Development Plans to the Planning and Design Code will represent a significant milestone in planning reform.
Joanna Clare will take you on a tour of the new Planning and Design Code exploring how each part will fit into a new hierarchy of assessment provisions.
The session will review areas of particular interest to planners, including the operation of zone tables in determining assessment pathways; assessment provisions; referral triggers and new exceptions to referrals; and overlays, including how an assessment involving multiple overlays might proceed. The new land use and administrative definitions will also be highlighted and discussed.
|12:10 pm – 1:00 pm||
PDI Act Enforcement & Compliance
Relevant authorities currently have numerous enforcement options available under the Development Act 1993. These range from issuing statutory enforcement notices for unlawful development; emergency orders; fire safety notices; notices requiring development to be completed; through to the power to commence civil enforcement proceedings and prosecutions in the ERD Court.
Is the enforcement and compliance regime under the Planning, Development & Infrastructure Act 2016 same same or very different?
The new regime includes concepts never before used in our State planning laws, such as adverse publicity orders; alternatives to criminal proceedings in the nature of civil penalties; recovery of economic benefits acquired by a person who has contravened the Act; and enforceable voluntary undertakings – what are these and how will they work in practice?
Claire Ryan will guide you through the new enforcement provisions under the PDI Act 2016.
|1:00 pm – 2:00 pm||
|2:00 pm – 3:00 pm||
Heritage & Character in the new Planning System - a reform opportunity lost?
The Environment, Resources & Development Committee of State Parliament published its report on its Inquiry into Heritage Reform earlier this year. Its recommendations closely align with those of the Expert Panel on Planning Reform which were delivered in December 2014.
Significant heritage reforms were largely excluded from the Planning, Development & Infrastructure Act 2016 on the back of the State Government’s stated intention to substantially deal with local heritage subsequently & separately.
Gavin Leydon will provide an overview of our current system of local and State heritage protection; the new legislative regime under the PDI Act 2016; the proposed framework for transitioning heritage and character policies into the Planning and Design Code and the recommendations of the ERD Committee for future reform.
|3:00 pm – 3:40 pm||
A postcard from the past, present & future - is heritage that important?
The heritage debate in South Australia has created headlines for decades. We’re close to the 50th anniversary of a passionate campaign which successfully saved the old Bank of South Australia in the city from demolition. We now call it Edmund Wright House. That led to Heritage Protection legislation in 1978. Its mantle, however, only covers places that meet the strict criteria for State Heritage Places. A simple and transparent system for local heritage places has remained elusive. The recent Environment, Resources & Development Committee report offers a positive view of heritage and our economy and a way forward that could see us jump off the ‘heritage carousel’.
Retired veteran of radio and TV current affairs and Chair of the SA Heritage Council Keith Conlon OAM will argue that heritage at all levels is important and relevant to us all, as it helps explain the distinctive qualities of our communities and gives us a sense of place. He will dispel common myths about heritage protection: that it is anti-growth, for instance, and that it ‘freezes’ properties under a glass dome. Keith will also present an update on progress towards a statewide Heritage Tourism Strategy.
|3:40 pm – 3:50 pm||
|4:00 pm – 6:00 pm||
Networking Drinks - Treasury Courtyard