An Engagement Report will be prepared following the conclusion of the consultation period. The Engagement Report will summarise the feedback received during the process and the responses to the feedback. It will also include a copy of the submissions received.

The Engagement Report will be made publicly available on this project page within Your Say Charles Sturt and the SA Planning Portal.

The engagement process is undertaken in accordance with the Engagement Plan and the Community Engagement Charter.

As part of the engagement process, Council is also required to evaluate the success of the engagement activities. An evaluation survey will be forwarded to all persons that have provided a written submission after the engagement process to seek feedback on the process.

The Code is the State’s key statutory document in the planning system that contains development assessment policy. Development applications are assessed against policies contained within the Code. It was introduced by the State in March 2021.

A Code Amendment is a formal process that proposes changes to the Code and must ultimately be approved by the Minister for Planning. It includes details of the investigations undertaken to justify and support the proposed zone and policy changes.

The process for undertaking a Code Amendment is legislated under the Planning, Development and Infrastructure Act, 2016. Following the conclusion of the statutory consultation period the following steps will be undertaken for the Code Amendment:

• Summarise and include a copy of all submissions received during the consultation period.
• Review submissions received during the consultation process.
• Prepare an Engagement Report that sets out what Council has heard through the consultation process and how the Code Amendment may include amendments (if any) to address matters raised during consultation.
• The Engagement Report will be made available on Council’s website once a report has been prepared for Council to consider the final draft of the Code Amendment. The Engagement Report will also be published on the SA Planning Portal following a decision of Council and when submitted to the Minister for Planning along with the Code Amendment.
• The Engagement Report required under section 73(7) of the Act must set out:
  • details of the engagement undertaken and how that engagement met the engagement plan and reasons for variations (if any) to the engagement plan;
  • the outcome of the engagement including a summary of the written submissions or feedback received;
  • any proposed changes to the proposal to prepare or amend a Designated Instrument (when compared with the proposal that was engaged on) and the reasons for those proposed changes. This should specifically indicate:
    • where changes are proposed to the Designated Instrument based on or as a result of the engagement; and
    • any other changes which are proposed based on or as a result of additional investigations or information which was not available when the proposal was released for engagement; and
    • an evaluation of the effectiveness of the engagement that considers whether the principles of the Charter have been achieved; and whether all mandatory requirements identified in the Charter have been met.
• Following a decision of Council (after considering the Engagement Report) (if approved) the Code Amendment (including the Engagement Report) will be submitted to the Minister for Planning for a decision.
• The Minister can approve the Code Amendment, approve the Code Amendment subject to certain amendments, or decline to approve the Code Amendment.
• If the Code Amendment is approved by the Minister, it will be referred to the Environment Resources and Development Committee (Parliamentary Committee) for review.

If the Code Amendment is rejected by the Minister for Planning then the existing zone(s) within the affected area will continue to apply.

Notwithstanding the proposed rezoning, existing land use rights will enable current activities to continue within the affected area.

The Zone envisages a diverse range of medium density housing and accommodation complemented by a range of compatible non-residential uses supporting an active, convenient, and walkable neighbourhood. Types of land uses envisaged include:

• Ancillary accommodation
• Consulting room
• Community facility
• Dwelling
• Educational establishment
• Office
• Place of Worship
• Pre-school
• Recreation area
• Residential flat building
• Retirement facility
• Shop
• Supported accommodation.

The Zone envisages shops, office, consulting room, low-impact industry and other non-residential uses are supported by a variety of compact, medium density housing and accommodation types. Types of land uses envisaged include:

• Consulting room
• Dwelling
• Institutional facility
• Light industry
• Motor repair station
• Office
• Residential flat building
• Retail fuel outlet
• Service trade premises
• Shop
• Store
• Warehouse.

As this is a Code Amendment and not a development proposal, green spaces cannot be proposed as part of the Code Amendment itself. However, if the Affected Area is rezoned and redeveloped for more than 20 dwellings allotments there will be a legislated requirement that a minimum of 12.5% of a development area be provided for open space or that payment be made into the open space fund. Refer section 198 of the Planning, Development and Infrastructure Act 2016.

The draft Code Amendment proposes a Concept Plan which shows through investigations a desired location for physical public open space contribution within the Affected Area to inform the assessment of a future development proposal.

The draft Code Amendment proposes to apply the Affordable Housing Overlay to the Affected Area. The Affordable Housing Overlay requires a developer to include a percentage of housing as affordable housing as part of a development application.

Affordable Housing under the Planning and Design Code “means housing that meets the relevant criteria for ‘affordable housing’ as determined by the Minister responsible for the South Australian Housing Trust Act 1995 under Regulation 4 of the South Australian Housing Trust Regulations 2010.”

The Affordable Housing Overlay policies seeks development comprising 20 or more dwellings/or residential allotments includes a minimum of 15% affordable housing. This will be assessed as part of a future land division application. The Affordable Housing Overlay also triggers a mandatory referral to Minister responsible for administering the South Australian Housing Trust Act 1995 (via the SA Housing Authority).

As this is not a development proposal, details regarding off-street carparking cannot be proposed as part of the Code Amendment itself. However, carparking details would be required as part of any future development application. The development policies that would apply to the Affected Area as part of the rezoning would require carparking to be provided as part of a future development at the rates specified in Table 1 – Off-Street Car Parking Requirements and Table 2 – Off Street Car Parking Requirements for Designated Areas in ‘Transport, Parking and Access’ in Part 4 of the Planning and Design Code.