Bills

Statutes Amendment (Vehicle Parking and Urban Renewal) Bill

Introduction and First Reading

The Hon. N.D. CHAMPION (Taylor—Minister for Housing and Urban Development, Minister for Housing Infrastructure, Minister for Planning) (15:56): Obtained leave and introduced a bill for an act to amend the Planning, Development and Infrastructure Act 2016 and the Urban Renewal Act 1995. Read a first time.

Second Reading

The Hon. N.D. CHAMPION (Taylor—Minister for Housing and Urban Development, Minister for Housing Infrastructure, Minister for Planning) (15:56): I move:

That this bill be now read a second time.

Parking is a significant and contested problem in our neighbourhoods, especially in areas where substantial general infill development is occurring. Ongoing feedback to the government has been clear: parked cars need to be off our streets and back in driveways and in garages. The Malinauskas government made an election commitment to 'bust congestion and improve amenity in Adelaide's neighbourhoods'. The Statutes Amendment (Vehicle Parking and Urban Renewal) Bill 2025 seeks to implement a strong but fair response to these critical issues that have been raised by the community and local governments alike.

Our consumer preferences have changed, with nine out of the ten top-selling cars in Australia being SUVs or dual-cab utes. Our cars are getting bigger but our garages have not followed suit. The government has engaged extensively with both industry and the community to develop a response to vehicle parking which balances housing affordability, construction costs and design.

The Statutes Amendment (Vehicle Parking and Urban Renewal) Bill 2025 seeks to address congestion through the following mechanisms:

it specifies a minimum number of car parks that must be provided for new dwellings, based on the number of bedrooms. The bill allows minimum dimension requirements for proposed car parks to be specified through a vehicle parking scheme by the Minister for Planning;

it stipulates that the scheme will only apply to residential development within Greater Adelaide in the first instance, but the scope may be increased by designating further classes of development, such as commercial development, in the future;

it provides areas or classes of development that can be excluded from the operation of the scheme by ministerial notice;

it establishes an offence provision for the failure to comply with a mandatory condition required under the scheme;

it establishes a vehicle parking fund and provides for the winding-up of existing council car parking schemes that were established under the former Development Act 1993; and

it makes amendments to the Urban Renewal Act 1995 to streamline processes associated with establishing and implementing precinct plans.

The scheme as drafted specifies that single vehicle parks must be 3.5 metres wide and six metres in length. This is a change in dimension from three metres wide and 5.4 metres in length and allows for the accommodation of wider and longer vehicles. Additionally, the bill seeks to include a minimum garage door size of three metres, with the industry standard being 2.4 metres.

Consultation on the bill and the associated scheme was undertaken for a two-week period from 24 February to 10 March 2025. Extensive feedback was received from both community and industry during the consultation period. I would like to thank all who participated and shared their views. This process has helped to shape the balanced and fair approach to vehicle parking in this bill.

As the Malinauskas government is committed to housing affordability and ensuring the supply of housing to the community, there are key aspects of industry feedback which have been recognised and addressed within this legislative response. Significant efforts have been placed to ensure that there is only a very limited increase in the cost of construction and no impact to the development yield.

The following amendments to the Planning and Design Code will be progressed to reduce impacts on the cost of new housing. We will remove the requirement to have a habitable room that is 2.4 metres in width with a two-metre wide window facing the street. This will now be replaced with a requirement to replace it with a one-by-one-metre window facing the street to ensure that there will be no increase in the width of housing impacting on yield and housing affordability.

It removes the requirement for the garage door widths not to exceed 50 per cent of an allotment frontage for single-storey dwellings, and an allotment with a frontage of less than six metres, and it removes the requirement to have a front door visible from the street and, as an alternative, the entrance then being required through the garage on allotments with a frontage of less than 4.5 metres.

The bill allows the minister to by notice, published on the SA planning portal, declare that forms of development do not need to comply with the scheme or the specified provisions of the scheme. In relation to meeting the minimum parking numbers, I propose to declare that dwellings in the Adelaide CBD, retirement facilities, residential parks, co-located housing that supports ageing in place, and workers' accommodation do not need to meet the minimum number of vehicle parks specified in the scheme.

Dwellings in strategic infill sites, apartment buildings and affordable housing are to have reduced requirements and only need to have one vehicle park in all circumstances, irrespective of the number of bedrooms. The basis for the reduced requirements for strategic infill sites is that they are close to the city or are close to high-frequency public transport. Often enough, private car ownership is reduced at these locations. The list of strategic infill sites that have reduced requirements will be determined prior to the commencement of the bill.

The bill also makes amendments to the Urban Renewal Act to streamline precinct planning processes. This will enable for parking requirements to be addressed at a recent level across multiple buildings or areas. This will drive efficiencies and how parking is addressed, lower construction costs, and improve housing affordability. Dwellings within a precinct under that act will not need to comply with the minimum number of vehicle park requirements specified in the scheme in the circumstances.

It is proposed that the amendments to the Urban Renewal Act commence as soon as possible after the bill passes parliament to allow precincts to be established as a priority. The vehicle parking provisions will commence 12 months after the bill passes parliament to provide time for the development sector to adjust to the changes and allow time for the amendments to the Planning and Design Code to be finalised.

I also propose to defer commencement of the bill in greenfield locations until 2028 to align with the commencement of the next SA Water regulatory cycle. The bill goes a significant step in addressing concerns regarding car parking in our streets. However, local government has the primary role in helping respond to the concerns of the community for vehicle parking issues. Local government must continue to develop and manage their on-street parking policies through consultation with their communities. Management and enforcement by council is key to ensuring that car parking remains fair for residents, businesses and visitors alike.

Upon commencement of the legislation, I will be writing to both mayors and CEOs of metropolitan councils to ensure that they are developing strategies that complement this legislation to achieve the full extent of our election commitment. The bill provides an opportunity to reduce congestion by ensuring sufficient car parking is provided with all new residential developments going forward, without impacting on housing affordability and supply. Cars belong back in garages and off our streets to improve amenity and reduce congestion within our neighbourhoods.

I would like to take this opportunity to thank key stakeholders who provided input and feedback to this bill and its development: the Local Government Association of South Australia, the Property Council of South Australia, the Master Builders Association, the Urban Development Institute of Australia, the 13 councils across Greater Adelaide who provided detailed responses regarding parking issues in their suburbs, the submissions made by home builders and construction firms, and the Housing Industry Association.

Significant efforts have been made through the research undertaken by the State Planning Commission, led by Craig Holden, and the Department for Housing and Urban Development, led by Mr David Reynolds. Additionally, thank you to the University of South Australia for their contributions and research to ensure the fair but effective outcome we have achieved in this bill. I seek leave to insert the explanation of clauses in Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Planning, Development and Infrastructure Act 2016

3—Insertion of section 127A

This clause inserts new section 127A as follows:

127A—Mandatory vehicle parking conditions

This section requires a relevant authority to impose certain conditions in relation to a development authorisation for a development within Greater Adelaide involving the construction of a new dwelling with 1 or more bedrooms for residential purposes or a development of a class specified by the vehicle parking scheme (referred to throughout the section as designated development). A condition in respect of the number of vehicle parks on the site of the dwelling, or provided in relation to the development, that are of at least the minimum dimensions, or a condition in respect of paying an amount into the vehicle parking fund, is required.

The Minister must publish a scheme relating to vehicle parking in relation to designated development on the SA planning portal (known as the vehicle parking scheme). The section sets out matters for which the scheme may provide.

The section sets out the minimum number of vehicle parks that the scheme may specify in relation to a designated development that involves the construction of a new dwelling with 1 bedroom (1 vehicle park) or with 2 or more bedrooms (2 vehicle parks).

The scheme may exclude designated development of a class from the application of the provisions of the section allowing a condition to be imposed requiring the applicant to pay an amount into the vehicle parking fund. In relation to such development, a relevant authority cannot impose such conditions and may refuse an application for development authorisation if the development is not proposed to be granted subject to a condition in respect of the number of vehicle parks on the site of the dwelling, or provided in relation to the development, that are of at least the minimum dimensions in accordance with the scheme or any other condition specified by or under, or requirements of, the scheme.

The section allows the Minister to require a relevant authority to refer to the Minister a particular application for development authorisation in relation to a designated development and to direct the relevant authority to refuse the application or only grant the application if certain conditions are imposed on the authorisation. The relevant authority must comply with such a direction.

The Minister may, by notice published on the SA planning portal, declare that the operation of the section, a provision of the section, the scheme or a provision of the scheme (or any combination of those) does not apply, or applies with variations, in respect of an area, dwelling, development, dwelling of a class or development of a class.

It is an offence for a person to contravene a condition imposed by or under the section in relation to a development authorisation. The maximum penalty for the offence is $10,000 and the default penalty is $250.

4—Insertion of section 200A

This clause inserts new section 200A as follows:

200A—Vehicle parking fund

This section requires the Minister to establish and maintain a fund to be called the vehicle parking fund. The section sets out the amounts the fund will consist of and the purposes for which the Minister may apply any part of the fund.

Money in the fund not immediately required may be invested by the Minister.

On or after a day designated by the Minister by notice in the Gazette (being a day that is at least 18 months after the commencement of the section), the Minister may wind up a scheme established under section 197 of the principal Act and determine that any amount standing to the credit of the fund established as part of the scheme be paid into the vehicle parking fund.

Part 3—Amendment of Urban Renewal Act 1995

5—Amendment of section 7G—Preliminary

This clause deletes the definition of Planning Minister from section 7G.

6—Amendment of section 7H—Establishment of precincts

The amendment in subclause (1) removes the requirement for the Minister to consult with and have regard to the views of the Planning Minister before publishing a notice to establish a precinct. This amendment relies on an amendment to section 7H set out in the State Development Coordination and Facilitation Act 2025 commencing first.

The amendment in subclause (2) removes the requirement for the precinct authority to establish certain panels in relation to a precinct.

7—Amendment of section 7I—Precinct plans

This clause amends section 7I to remove references to the Planning Minister. The amendments in subclauses (2) and (3) rely on amendments to section 7I set out in the State Development Coordination and Facilitation Act 2025 commencing first.

8—Amendment of section 7L—Governor may grant concession or make variation in relation to taxes etc on land within precinct

This clause amends section 7L to allow the Treasurer, or the Minister with the approval of the Treasurer, to grant a concession or make a variation in relation to taxes, rates or charges imposed with respect to land within a precinct by notice in the Gazette. This replaces the ability of the Governor to do this by regulation.

9—Insertion of section 35A

This clause inserts section 35A as follows:

35A—Recovery of costs of certain infrastructure

This section requires owners of land in a precinct identified by the Minister by notice as relevant land to pay the Minister the reasonable costs of providing primary infrastructure in the precinct identified by the Minister by notice as relevant primary infrastructure.

The Minister will determine the amount that constitutes their reasonable costs of providing the infrastructure.

Notices under this section must be published on the SA planning portal.

The Registrar-General will, at the direction of the Minister, enter a caveat on the title to relevant land that has been brought under the provisions of the Real Property Act 1886 prohibiting any dealing with the relevant land without the written consent of the Minister. Such a caveat must be withdrawn at the direction of the Minister.

The definition of primary infrastructure in this section relies on a definition of primary infrastructure being inserted into the Planning, Development and Infrastructure Act 2016 by the State Development Coordination and Facilitation Act 2025.

Debate adjourned on motion of Mr Teague.