Code Amendment changed in response to community feedback

In response to community feedback a number of changes have been made to the West Lakes Residential and Mixed Use Draft Code Amendment (Privately Funded), and these changes were endorsed by Council on Monday 25 September 2023.

Here are the key amendments made:

• A reconfiguration of the ‘Indicative Public Open Space’.
• Removal of the maximum 5 level building height.
• Further coverage in maximum 2 level building height.
• Reconfiguring of maximum 3 level building height.
• Reconfiguring of maximum 4 level building height more centrally located and closer to Frederick Road.
• Including the identification of future indent on-street parking on Lochside Drive.
• Extending the Waterfront Neighbourhood Zone into the Affected Area.
• Reconfiguring the area of the Urban Renewal Neighbourhood Zone and Mixed Use Transition Subzone.
• Including a second ‘Indicative Vehicle Access’ point along the Frederick Road frontage.
• Inclusion of traffic calming measures to the Lochside Drive access point.
• Including the identification of a ‘Future road widening for a left hand slip lane’ at the corner of Frederick Road and Lochside Drive intersection.
• Annotation of indicative Public Open Space as 20 percent.
• Apply the Interface Management Overlay to a portion of the Affected Area.

The Code Amendment will now be submitted to the Minister for Planning for consideration.

The Minister can approve the Code Amendment, approve the Code Amendment subject to certain changes, or decline to approve the Code Amendment. If the Code Amendment is authorised by the Minister, the Code Amendment process will also be reviewed by the Environment, Resources and Development Committee of the SA Parliament.

This now concludes the Code Amendment process for Council and for further information visit the Plan SA's Planning Portal.

Background to the proposal to rezone land at West Lakes

The City of Charles Sturt initiated a proposal to investigate the rezoning of the former SA Water Waste Water Treatment site adjacent Frederick Road, West Lakes, following agreement from the Minister for Planning. The rezoning process is called a “Code Amendment” as it is a proposal to amend the South Australian Planning and Design Code.

While Charles Sturt Council is the Designated Entity that has initiated the Code Amendment, the process has been funded by the Proponent, Potentia West Lakes Pty Ltd ('Potentia') who have entered into a contract with SA Water (the owners of the land) for the purchase and development of Lot 100 and are currently in the negotiations for the potential purchase of a portion of Lot 101. As such both Lot 100 and Lot 101 form the Affected Area. The Council contain full control over the Code Amendment process and decision-making responsibilities in accordance with the Act.

The Code Amendment proposes to rezone Allotment 100 and part of Allotment 101 to "Urban Renewal Neighbourhood Zone", with the north-eastern portion of Allotment 100 along Frederick Road proposed to be located within the "Mixed Use Transition Subzone". The south-east corner of Allotment 101 containing the SA Water Re-Lift Facility is proposed to remain within the "Infrastructure Zone". The Urban Renewal Neighbourhood Zone promotes new diverse housing options.

The Code Amendment included a range of investigations of matters:

• traffic investigations
• stormwater management
• environmental assessment
• public open space
• utility infrastructure capacity
• built form
• desired land uses.

A summary of the West Lakes Residential and Mixed Use Draft Code Amendment, and process, is provided in an Information Brochure.

Progress of the Code Amendment following consultation

In total 193 written submissions were received during the consultation period on the draft Code Amendment. A copy of all written submissions (redacted) can be found in the Document Library below, and give the size of the files the written submissions have been split across seven documents (i.e. 1 to 90, 91 to 128 and so on).

A public hearing was held on Monday 20 February 2023 at 6pm at Council's Civic Centre, 72 Woodville Road, Woodville, when verbal submissions could be made.

Following the public hearing a review of the submissions occurred, and an Engagement Report was prepared with proposed amendments to the draft Code Amendment.

A report was presented to Council’s City Services Committee at its meeting on Monday 19 June 2023 at 6.00pm, for consideration. Council at its meeting of 26 June 2023 received the recommendation from the City Services Committee but resolved not to accept the Code Amendment as recommended. Instead, Council resolved that a further report be prepared regarding options available to Council regarding the potential rezoning of the former SA Water site, that includes a Fauna and Flora Biodiversity Study.

A report was prepared for Council’s consideration at its meeting on 10 July 2023. The report canvassed options on the Code Amendment process and sought to summarise and confirm Councils concerns and recommend a pathway forward.

On 10 July 2023, Council resolved, "That a further report be presented to City Services Committee, including a revised Code Amendment and Concept Plan that seeks to address the key Council concerns as identified in the body of this report, including but not limited to a reduction in maximum built form from 5 storeys to 4 storeys, reduction in dwelling yield, any relevant recommendations that may arise from the Flora and Fauna Biodiversity Study and that a further option of rezoning the entire site to Waterfront Development Zone be included in the report".

As a result of the July 2023 resolution, a report was prepared with further proposed amendments to the draft Code Amendment. The report was presented to Council’s City Services Committee at its meeting on 18 September 2023, for consideration, and the Council Meeting on 25 September 2023. The Code Amendment was endorsed by Council on 25 September 2023 and will now be submitted to the Minister for Planning.