As a Councillor, I frequently get questions about development applications or how the planning system works in the City of Mitcham. As Council's representative on the Council Assessment Panel, I cannot discuss individual development applications or development issues that may come before the panel. To that extent, I have put together the information below which I hope provides a general guide as to how our planning system works.

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For specific questions regarding development in Mitcham, reach out to the Development Services team on 1300 133 466 or click here for more information. They will be more than happy to assist you!

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The Planning and Design Code

Many people are unaware that in 2021, the State Government took control of planning in South Australia, replacing individual Council development plans with a state-wide planning code. This move saw the introduction of significant changes to how planning works. In short, Council role in planning and development has largely been refined to processing and assessing planning applications based off the State Government's rules. You can find out more about the Planning Code here: https://plan.sa.gov.au/

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The Council Assessment Panel

The Council Assessment Panel (CAP) is established under the Planning, Development and Infrastructure Act to approve or refuse development applications which have been notified to the public and where people wish to speak about the development proposal.​

 

It is often assumed that the ‘Council’ Assessment Panel, reflects the views of Council. This is not the case. The panel is made up of five members – four independent and one Councillor (currently myself) with a deputy Council Member (Cr Bange) in case I have a conflict of interest or am unable to attend. Decisions made by the panel are not influenced by Council in anyway as a result. Panel members must follow a strict code of conduct set by the State Government, which prohibits among other things, applicants or residents making direct contact regarding specific applications. Likewise, panel members also can’t make public comments on applications either.​

 

Arguably Mitcham’s CAP is one of the most experienced in Adelaide, with the independent members bringing expertise in planning, urban design, planning law and architecture. Our current Presiding Member, Alan Rumsby, was a judge on the Environment, Resources and Development (ERD) Court before retiring from this position last year. If the panel refuses an application, the applicant can appeal that decision to the ERD Court, so Alan’s experience having presided over such cases is invaluable.

 

When making a decision on a development application, the CAP can only consider relevant planning criteria outlined in the Code. This is very important and often misunderstood by residents who come to make representations to the panel. The Code is a tricky document with many shortcomings. It doesn’t have regard for potential impacts like a decrease in your property price, construction noise or if the proposed development might block your view. Therefore, the panel can have no regard for these issues when assessing an application.

 

Understandably, this can be greatly frustrating for residents but this is the system put in place by the State Government to facilitate development.​

 

The Code acts as a guide and does not outline hard and fast rules. This also causes significant confusion with the community. For example, if the Code says the maximum building height is 8 metres, this is a guideline – it does not mean the development can’t be taller than this.​

 

To assist residents making a representation to CAP about a development, Council’s Development Services Team has recently put together a FAQ document on how the process works. From my experience on CAP so far, this document is badly needed and will hopefully assist residents in making the best representation possible and reduce frustration at Council’s role in assessing the State Government’s planning Code.

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You can read more about the Council Assessment Panel here.

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Making a Representation to the Council Assessment Panel

When a development application triggers public notification, a small sign will be placed outside of the property, outlining the proposed development and with instructions on how to have your say. You can lodge your representation either via the PlanSA website or in person at the Council Chambers. You don’t need to be a planning expert or understand the planning code to make a representation.

 

Critically, when you submit your written representation, it will ask: “Would you like to talk to your representation at the decision-making hearing for this development?”. Answering “Yes” is key if you want to address the Assessment Panel. Answering “No”, even if you object to a development, might result in the proposed development not appearing before the panel at all.

 

Here are some quick tips on what to say when making a representation:

• The panel has read your written representation, so don’t re-read it – you could highlight several key points.

• The agenda documents include a response from the applicant to the concerns you raised – you might wish to provide some counterpoints in your representation.

• Bring your personal perspective - your knowledge of the local street and area is important and not something the panel necessarily has.

• Getting angry or frustrated doesn’t help your cause – stay calm!

 

While you don’t have to, referencing aspects of the Planning and Design Code is very helpful. To do this, visit: https://code.plan.sa.gov.au/

 

From here, entering the property address will bring up the relevant provisions of the Planning and Design Code. Under ‘Planning and Development Policies’, you will see three sections:

• Part 2 – Zones and Sub Zones

• Part 3 – Overlays

• Part 4 – General Development Policies

 

Interpreting the Code can be tricky but as a general guide:

• The provisions of an overlay take priority over all other relevant policies

• A subzone takes priority over zone policy or general development policies; and

• Zone policy takes priority over general development policies.

   

Looking at Zone requirements is a good place to start. The Code itself acts as a guideline not fixed rules. For example, the proposed development might be nine (9) metres in height, but the Code says the maximum building height is eight (8) metres. This is a guideline it does not mean the development can’t be taller. As a representor, highlighting why you don’t think that extra height is warranted could be a place to start.

 

Finally, many applicants often engage professional planning advice. Representors can choose to do this as well and it is not uncommon for many representors to crowdfund a planning professional to represent them at the panel. The Plan SA Website has a list of accredited professionals you can contact for assistance.

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Reminder - For specific questions, please reach out to the Development Services team on 1300 133 466. They will be more than happy to assist you!