FAQs

The Planning and Design Code contains the planning rules and policies that guide what can be developed in South Australia. Planning authorities, such as councils, use these planning rules to assess development proposals. A Code Amendment is a proposal to change the policies, rules or mapping within the Code, which can change the way future developments are assessed.

Code Amendments must be prepared according to processes set out by legislation, in the Planning, Development and Infrastructure Act 2016 and associated regulations.

The draft Code Amendment proposes:

• to rezone the entire affected area to ‘Community Facilities’, which seeks to facilitate a range of community, education, recreation and health care facilities
• to apply a Concept Plan over the Affected Area, which seeks to protect areas of high ecological value from development.

Land within the affected area forms part of both state and local government strategic land holdings earmarked for future community facilities development that are not supported under the current zoning. This includes the proposed Regional Community, Sport and Recreation Precinct (the Precinct) and State Emergency Service facilities.

The City of Victor Harbor is proposing to rezone land in Victor Harbor to enable the development of key community facilities. The affected area consists of approximately 14 hectares of land that is zoned Business Neighbourhood and is bound by George Main Road, Armstrong Road, Ewen Terrace and the Inman River.

All 8 parcels within the affected area are owned by either state or local government. Existing land uses include:

• Community Centre, and associated nursery and community garden
• Tafe SA building, also housing the Fleurieu Study Hub
• Police Station and Courthouse
• SA Water pump station

The new Zone proposed is the Community Facilities Zone, which contains policy relating to the provision of a range of community, educational, recreational and health care facilities, consistent with the existing and proposed use of the Affected Area. Specifically, the zone envisages the following development types consistent with existing and proposed uses for the Affected Area:

• Childcare facility
• Community facility
• Educational facility
• Emergency services facility
• Health care facility

This zone is best suited to both the existing and proposed uses for the land within the affected area.

The Community Facilities Zone allows for a variety of community, educational, recreational and healthcare facilities. The Business Neighbourhood Zone allows for a variety of housing and accommodation types, along with compatible employment generating land uses.

Council purchased Lot 202 Armstrong Road from the Government of South Australia for the intended purpose of the Council developing a community recreation centre facility on the land.

This intent, and subsequent intent of the Council to rezone, was acknowledged in the sale transaction. After further consideration of the Planning and Design Code and broader context of the surrounding area, Council decided to include the additional allotments in the proposed Code Amendment. The proposal to initiate was submitted to the Minister for Planning in March 2024 and subsequently approved in July 2024.

No, this Code Amendment is required to develop community facilities on this land, with or without the land being classified as community land. The way in which the development is proposed to be constructed or managed also does not affect the requirements for zoning.

The following investigations have been undertaken to inform this Code Amendment -

• Investigations to identity the capacity of existing infrastructure networks and any upgrades required to support future development.
• A Traffic Impact Statement prepared by an appropriately qualified traffic engineer, to identify matters pertaining to traffic generation anticipated by the proposed Regional Community Sport and Recreation Precinct in the context of existing uses with the Affected Area.
• A search of the Register of Aboriginal Sites and Objects
• High-level investigations to identify potential environmental impacts and mitigation measures, having consideration to native vegetation, flora and fauna and the Inman River.

These investigations are available to view online on the PlanSA Portal http://www.plan.sa.gov.au/have_your_say/ code-amendments/on-consultation

The Code Amendment and additional information is available at the:

• City of Victor Harbor Website https://www.yoursay.victor.sa.gov.au/
• PlanSA Portal http://www.plan.sa.gov.au/have_your_say/ code-amendments/on-consultation
• Civic Centre, 1 Bay Road Victor Harbor.

If you have any questions, you can contact the Council on 8551 0500 or via email at localgov@victor.sa.gov.au

Interested members of the community can contact the City of Victor Harbor to discuss the proposed Code Amendment either on the phone or in person.

There is also a drop-in session scheduled where members of the community can drop in to discuss the proposal. The details are as follows:

Thursday 14 November

10:00am – 2:00pm Training Room, Victor Harbor Library, 1 Bay Road Victor Harbor

You can provide feedback via one of the following options: 

• Online on the PlanSA Portal http://www.plan.sa.gov.au/have_your_say/ code-amendments/on-consultation
• Via email to localgov@victor.sa.gov.au
• Via post to City of Victor Harbor, PO Box 11, Victor Harbor SA 5211

Aspects of the Code Amendment which stakeholders and the community can influence (i.e. are negotiable) are:

• whether the Community Facilities Zone is the most appropriate Zone for the Affected Area;
• whether there are any gaps in the investigations undertaken to consider the impact of the rezoning on the surrounding area.

Aspects of the project which stakeholders and the community cannot influence (i.e., are not negotiable) are:

• the geographic extent of the Code Amendment (i.e. the Affected Area);
• the intent of the Community Facilities Zone; and
• the policy wording within the Planning and Design Code.

All formal submissions will be considered by the City of Victor Harbor when determining whether the proposed Amendment is suitable and whether any changes should be made.

Each submission will be entered into a register, and you will receive an email acknowledging receipt of your submission. Your submission will be published on the PlanSA portal. Personal addresses, email and phone numbers will not be published; however, company details will be.

The City of Victor Harbor will consider the feedback received in finalising the Code Amendment proposal for the Minister’s approval. An Engagement Report will be prepared following the consultation period, outlining what was heard during consultation and how the proposed Code Amendment was changed in response to submissions.

The Engagement Report will be forwarded to the Minister, and then published on the PlanSA portal.