Mitcham Community News - May 2025

In 2021, the State Government’s Planning and Design Code (the Code) replaced all Council development plans. The Code is much closer to a one-size-fits-all approach for development in South Australia and essentially took all development control away from Councils. Generously though, the State Government still left the fun part of assessing and processing development applications to Councils. 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 me) 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.