Assessment Amendments to the Planning and Design Code

The Assessment Improvements Code Amendment (Amendment) was adopted by the Minister for Planning on 4 December 2025. The Amendments to the Planning and Design Code (Code) became operational on 15 January 2026 and are available to read here.

Due to the large number of amendments, this article will address only several changes regarding:

• amendments to the rules of interpretation to address the Geber issue and to expand ministerial determinations with regard to Overlays and Concept Plans;
• amendments to the ‘building height’ definition;
• amendments to land division policies within the Rural Zone and Rural Horticultural Zone; and
• amendments to land use definitions.

This article will also briefly address the rejected proposed amendments to third party advertising, and the potential for future amendment of these Code provisions.

Please contact us for any information related to other changes not addressed in this article.

Amendments to Rules of Interpretation 

Geber Issue

The Amendment seeks to resolve the issue of whether a relevant authority in the assessment of a performance assessed application can consider Code provisions other than those specified in Table 3.

Prior to the Amendment the rules of interpretation for the Code specified that:

The policies specified in Table 3 constitute the policies applicable to the particular class of development within the zone to the exclusion of all other policies within the Code, and no other policies are applicable.

However, in the judgment of Geber Super P/L v Barossa CAP [2023] SASC 154 Justice Blue stated:

It would be a bizarre result if a panel or other relevant authority were precluded from having regard to a provision of the Code that was objectively relevant merely because the computer had not produced that provision on an enquiry of the planning database.

The Amendment clarifies the rules of interpretation to provide that a relevant authority can consider policies outside of Table 3 for contextual purposes only. The Amendment further makes explicit that the Code policies outside of Table 3 are not applicable to the assessment itself and cannot form the reasons of a relevant authority in the decision of an application. The Amendment is contained below:

The policies specified in Table 3 constitute the policies applicable to the particular class of development within the zone to the exclusion of all other policies within the Code, and no other policies are applicable to the assessment of the application. 

In interpreting the policies specified in Table 3 the relevant authority may, in assessing an application, consider other similar code provisions (beyond those produced from Table 3) for contextual purposes only. Where policies, outside of those returned by Table 3, are considered (for contextual purposes to interpret the applicable policies) they cannot form the reasons as to whether consent should be granted (or refused) for an application.

(amendment in bold)

Ministerial Determinations – Concept Plans and Some Overlays

The Amendment alters the rules of interpretation to widen the Minister’s power under section 71(e) of the Planning, Development and Infrastructure Act 2016 (SA), to allow Ministerial determinations to update spatial layers for a larger number of Overlays and now Concept Plans in Part 12 of the Code. The Minister now may, if satisfied of the criteria laid out in the rules of interpretation, update the following overlays/concept plans: 

With regard to the Concept Plans, this will enable the Minister to update Concept Plans in response to changes such as the ‘delivery of basic or essential infrastructure, including through an infrastructure delivery scheme under section 167 of the PDI Act, and to reflect development which has been granted development approval and which has been substantially commenced’.[1]

Building Height Definition

The Amendment changes the definition of ‘building height’ within the Code to amend the applicable measuring points in determining building height. 

The definition of building height has been amended as follows:

Means the maximum vertical distance between the reference point at any point of any part of a building and the finished roof height at its highest point immediately above the reference point, ignoring any antenna, aerial, chimney, flagpole or the like or any lift overruns or stairwell protrusions that are used for maintenance purposes only. For the purposes of this definition, building does not include any of the following: 

(a) flues connected to a sewerage system 

(b) telecommunications facility tower or monopole 

(c) electricity pole or tower 

(d) or any similar structure.

NOTE: For the purposes of this definition, reference point means the lower of the natural or finished ground level or a measurement point specified by the applicable policy of the Code (in which case the Code policy will prevail in the event of any inconsistency)

(amendments in bold)

The Amendment provides that lift overruns and stairwell protrusions will be excluded from a building’s height where they are used for maintenance purposes, but will be included in all other circumstances as overlooking will need to be assessed. The Amendment provides additional explanatory material relating to measurement points and greater clarification in determining building height on sloping sites through the provision of diagrams.

Additional information regarding interpreting ‘natural ground level’ as it appears in this definition can be found within Practice Guideline 1: Natural Ground Level (available to read here).

Land Division in the Rural Zone and Rural Horticulture Zone

A prevailing concern highlighted in the consultation process on the Amendment was the Code policies ability to deal with land division applications in Rural and Rural Horticulture Zones that would result in allotments of a size and dimension that were not suitable for primary production uses. 

In response to these concerns, the relevant Performance Outcomes (PO) in the Rural Zone and Rural Horticulture Zone have been amended as follows:

Land division, including boundary realignments promotes productive, efficient and sustainable [primary production in PO 11.1 of the Rural Zone or horticulture in PO 12.1 of the Rural Horticulture Zone] by establishing allotments that are of sufficient dimension and area to support these outcomes and the intended use of the land for primary production.

(amendment in bold)

These respective amendments now clarify that allotments must be of sufficient dimension and area to support primary production. There however remains the issue of assessing change of use applications for existing undersized allotments that are not suitable for a primary production use of the land. 

Land Use Definitions

The Amendment amends the following definitions:

• personal or domestic services establishment;
• educational facility;
• workers’ accommodation; and
• commercial forestry.

The Amendment introduces land use definitions for:

• trade training facilities (with a corresponding amendment to the land use definition for educational facility to exclude trade training facilities); and
• emergency services facility.
   

Potential Future Amendment – Third Party Advertising

The final Amendment did not make any changes to third party advertising provisions as was originally proposed. The proposed changes sought to amend duplication between PO 3.1 and POs 2.1 to 2.3 in the General Development Policies – Advertisement. As the Commission ultimately took the view that PO 3.1 should address advertising content, and PO 2.1 to 2.3 should address matters of visual clutter and untidiness to avoid policy duplication. Although the proposed amendments were removed, the Commission did identify the need to further investigate advertisement policy through a separate amendment process in order to provide greater clarification of the context and circumstances under which third-party advertising may be anticipated.

For more specific information on any of the material contained in this article or otherwise arising from the Amendment please contact Gavin Leydon on +61 8 8210 1225 or gleydon@normans.com.au, or Cayleigh Stock on +61 8 8210 1294 or cstock@normans.com.au.