Q&As

Local Heritage under the Planning, Development and Infrastructure Act 2016 and Future Reforms

Monday May 29, 2017

Gavin Leydon, Partner from Norman Waterhouse joined Ashleigh Tesluk of Gavin Leydon 13Legalwise Seminars to discuss the Local Heritage under the the Planning, Development and Infrastructure Act 2016 and Future Reforms.


You can hear from Gavin directly at The New Planning, Development and Infrastructure Act 2016 seminar on Wednesday 28 June 2017 at the Stamford Plaza Adelaide.

 

Could you tell us a little bit about yourself, Gavin?

I have practised in the area of Planning & Development law for over 27 years and lead the Planning & Environment Team at Norman Waterhouse. I am a specialist in property development, urban & regional planning, environmental and administrative law. I was a member of the Planning Minister’s Planning Reform Reference Group and I have presented many workshops on the new regime that will be introduced by the Planning, De

velopment & Infrastructure Act 2016 (PDI Act). I hold a Master of Laws Degree specialising in environmental law, and I am an executive and board member of several leading planning, environmental and educational organisations. I am an Honorary Fellow of the Planning Institute of Australia, a member of the South Australian Heritage Council and Chairperson of the Local Heritage Advisory Committee


The seminar will examine the key aspects of the new Planning, Development and Infrastructure Act 2016. Can you broadly explain the significance of the new Act, and in particular, how local councils across the state will be affected?

The new Act will be introduced in stages over the next 1-3 years and will implement a totally new planning system for the State. New governance arrangements are currently being implemented with the appointment of a SA Planning Commission which will then commence the transition to a new system. Local councils will be affected in terms of both their role and responsibilities as policy makers and as development assessment authorities. Local councils will be affected by all aspects of the new PDI Act.


Your topic focuses on ‘Local Heritage Under the Act and Future Reforms’. Can you explain why Local Heritage has come under spotlight in relation to the new Act?

The PDI Act wasn’t initially going to include substantive reform in the area of local heritage. However, the Act has introduced changes to address certain deficiencies in the current scheme. These deficiencies include a complicated listing process, inconsistency in application of criteria, a perceived lack of transparency, lack of certainty, and potential political influences. Some changes have been introduced into the new Act to address these deficiencies and the State Government has indicated a desire for future substantive and additional reforms by way of a separate Bill to provide greater clarity and consistency in the designation process.

What is the most important area that Local Councils need to be aware of when dealing with Local Heritage under the new Act?

The introduction of a new right of appeal. The designation process will in the future be subject to a new right of appeal to the Environment, Resources and Development Court, thereby requiring the identification, assessment, and designation of items as local heritage places to be far more rigorous.

What are some of the trends and developments you see ahead as a result of the new Act coming into effect?

Panic! A push for greater standardisation and regionalisation in relation policy formulation and development assessment.

 

You can hear from Gavin directly at The New Planning, Development and Infrastructure Act 2016 seminar on Wednesday 28 June 2017 at the Stamford Plaza Adelaide.

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