In 2022 the SA Chapter provided a submission to the Expert Panel Review into the SA Planning System. One of the issues we raised was the impact of minor variations to approved developments. There can be multiple minor variations to an application, and the cumulative effect on the finished development can be anything but minor. The Expert Panel Report recommended that this issue needed to be addressed.
The Institute’s submission argued that there needed to be a better definition of what constitutes a minor amendment. The Code provides no measure of what constitutes ‘minor’, with the Institute aware of applications where a variance of 20-25% was deemed minor in the approval. We also argued that where there are multiple minor variations relating to one application, the impact of each should not be considered in isolation.
For example, where an allotment is less than the minimum area allowed in the Planning and Design Code, and the size of the proposed construction exceeds the maximum site coverage, the ability to provide private open space and landscape can be significantly impacted. Alternatively, where the height of a development exceeds the maximum and the boundary setbacks are less than the Code requires, amenity and overshadowing of adjoining properties becomes an issue.
Practice Direction 19, which was published by the State Planning Commission in May this year, addresses these concerns. It clarifies who can assess minor variations, and states that a variation to the Deemed to Satisfy Code criteria is minor if it:
- the extent (if any) to which the variation departs from a measurable feature of the DTS criteria is insignificant; and
- the extent (if any) to which the variation will impact adjacent land is insignificant; and
- the effect of the variation will not be contextually important
A variation is not minor if it changes the assessment pathway, requires public notification or requires referral to a referral body. Variations that introduce a new element that requires planning consent or relate to a condition set by a referral body are also not considered minor.
These criteria apply regardless of whether they are assessed as part of the initial application or applied for as variations to an existing approval. Minor variations will also be recorded on the SA Planning Portal for the relevant development application.
Practice Direction 19 continues to rely on the opinion of assessment authorities to determine what is ‘minor’. It sets no upper limit to the degree of variation permissible where the variation applies to a measurable feature of the Code. While this provides the opportunity for varied interpretation, which may result in unintended, long-term impacts, the additional rigour in the assessment process provided by the Direction is welcomed.
Buildings shape our environment. Their impact lasts for generations and is not confined by site boundaries. Planning systems are our mechanism for managing these impacts. Practice Direction 19 assists assessment authorities and lets applicants know, whether they are architects, builders or developers, that not all variations are considered equal – or minor.
