DEVELOPMENT (CONTROL OF EXTERNAL PAINTING) AMENDMENT BILL

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. I.K. HUNTER (16:50): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

This bill is quite a simple bill—it seeks to amend the definition of 'development' in the Development Act in relation to the external painting of buildings in historic conservation zones; and to also eradicate discrepancies within the existing development controls in historic conservation zones, particularly in commercial zones where there is no change in land use. Someone may change the particular business, but not the nature of the business—for example, Joe's Bistro might become Joanna's Restaurant—so councils do not have control in relation to the external painting of the building.

Some of the bigger chain outlets have colours and logos painted on their existing buildings which are really mismatched in their locale.

At present, two historic buildings could be alongside each other. If one changed its land use, say, from office to retail, any external painting or signage on the building would be controlled by the Development Act. If the other building went from retail to retail or office to office it would not be covered by the act but, if the tenant changed, they could paint the building without requiring approval. Some buildings are painted so that the actual facade becomes one huge coloured sign. Unfortunately, in the Town of Gawler some buildings have been painted red, yellow and purple—all sorts of colours.

This bill does not prohibit an activity but, rather, introduces some controls so it gives a local community a say in the matter. Importantly, it gives local communities a say, particularly when national chains are involved. They tend to walk into local communities and towns and say, 'This is our business, take it or leave it.' Unfortunately, many development assessment panels are powerless to stop that sort of thing.

Importantly, though, this bill has an enabling provision. It enables the Governor to proclaim regulations with respect to where this would occur. It would occur within historic conservation zones but, importantly, it would not necessarily automatically apply to all historic conservation zones. It will be up to the council to apply to have a regulation introduced to ensure that this provision would apply to their zone.

This bill only has three clauses, but its impact could be quite substantial in supporting local communities. The first amendment inserts a clause that makes external painting 'development'. The second ensures that it is only external and not internal painting of a building. Heritage listed buildings are not covered by this bill; they are covered by existing legislation and protected by existing law. The third clause states, 'the external painting of a building within an area prescribed by the regulations for the purposes of this paragraph'.

Debate adjourned on motion of Hon. D.W. Ridgway.

At 16:52 the council adjourned until Tuesday 17 February 2009 at 14:15.