Legislative Council: Tuesday, February 06, 2024



In reply to the Hon. R.A. SIMMS ().16 November 2023).

The Hon. C.M. SCRIVEN (Minister for Primary Industries and Regional Development, Minister for Forest Industries): The Minister for Planning has advised:

1. Under the Planning, Development and Infrastructure Act 2016 (the Act), a person may require development approval for residing in a caravan where the caravan is permanently fixed to land (as it is considered building work under the act) or where doing so results in a change in the use of the land.

Local councils are responsible for determining whether there has been a change in use of land. This may occur when the land on which the caravan is located was not previously used for residential purposes or where the caravan is rented or leased for a commercial purpose. It must be noted that under the act, the parking of a caravan on land used for residential purposes by a person who is an occupant of a dwelling situated on that land is not considered a change in use of land.

Development approval may be required in certain circumstances identified to ensure the appropriate health and safety requirements of the building rules are satisfied and the proposed building is suitable in the context in which it is proposed.

Further, land used to provide short-term accommodation in caravans, recreational vehicles, cabins, tents, and other similar demountable forms of shelter in a managed setting is defined as being a 'caravan and tourist park' under the act. The use of land as a caravan and tourist park, irrespective of scale, also requires development approval.

Given the important reasons for which development approval is required, amendments to remove the need to obtain it for fixed caravans or smaller scale caravans and tourist parks is not considered a viable option to resolve the current housing accessibility and affordability issues within the state.

Without development approval needing to be obtained, there would be no mechanism to ensure that the caravans are safe, habitable, and appropriately connected to necessary services (such as water and wastewater) and infrastructure to provide a suitable level of accommodation for the long term.

2. The Malinauskas Labor government has progressed a number of initiatives in the short-term to assist with getting people into housing. Those initiatives include:

As part of a $200 million investment, the SA Housing Authority is building 437 new homes (across metropolitan Adelaide and regional South Australia) through the Public Housing Improvement Program. This is in addition to new builds being delivered following a commitment in the state government's A Better Housing Future plan, which is available online at https://www.housing.sa.gov.au/documents/our-housing-future/A-Better-Housing-Future.pdf.

The State Planning Commission is also working closely with the SA Housing Authority to expedite planning approvals for housing where possible.

Amended the Planning, Development and Infrastructure (General) Regulations 2017 (the PDI regulations) to expand the fast-tracked approval process for temporary accommodation for regional workers involved in the provision of essential infrastructure.

Further amended the PDI regulations to provide an accepted development pathway (meaning planning consent is not required) for dwellings in growth areas (being master planned neighbourhood and master planned township zones).

Requested the State Planning Commission amend the Planning and Design Code to streamline approval pathways for ancillary accommodation and to provide for new build to rent opportunities.

Requested the State Planning Commission amend an existing practice direction to prevent conditions on future development approvals for ancillary accommodation that limit or restrict its use, including by preventing it from being leased or rented.

Amended the regulations so it is no longer an offence for failure to comply with existing conditions on development approvals for ancillary accommodation that limit or restrict its use, including by preventing it from being leased or rented.