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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-05-04 Daily Xml
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Alberton Oval

In reply to the Hon. M.C. PARNELL (31 March 2021).

The Hon. R.I. LUCAS (Treasurer): The Minister for Planning and Local Government has advised:

1. The Port Adelaide Football Club grounds are located within the recreation zone of the Planning and Design Code. In accordance with the procedural matters of the zone, a redevelopment of the clubrooms in a manner which has been speculated would require public consultation, a process which requires:

Notice being given by direct mail to adjoining landowners/occupiers within 60 metres of the site; and

Notice being given to the public in general through a sign being placed on the site, and publication of the application and supporting plans, drawings and specifications on the PlanSA portal.

The public have 15 business days to make a submission to the relevant authority.

As can be observed by the process described above, the public consultation process under the Planning, Development and Infrastructure Act 2016 (PDI Act) is not limited in its reach. Rather, it establishes a broad consultative process wherein any member of the general public that has an interest in the development can submit a representation to the relevant authority.

The default relevant authority for the development application would be the City of Port Adelaide Enfield's (council's) council assessment panel.

Under the Development Act 1993, a proposal of the same nature would have required category 2 public consultation in accordance with the requirements of council's development plan. Under the old Act, public consultation would have been limited to direct notice being given to the adjoining landowners, only, and for a period of 10 business days. The general public (other than adjoining owners/occupiers) would have had no legal right to have been notified, nor to be heard by the relevant authority, which would have been council.

2. Under the Local Government Act 1999(LG Act), Alberton Oval and the area of reserve along Seventh Avenue, Alberton, are community land under the care, control and management of the City of Port Adelaide Enfield (council).

Pursuant to s194 of the LG Act, council must adopt a management plan for land held as community land. Further, council must undertake public consultation before adopting or amending a management plan. The land affected by the proposed redevelopment is identified in council's Community Land Management Plan – Commercial Property, which is publicly available on its website.

As the custodian of the land, council will be required to uphold its obligations under the LG Act, and, where necessary, undertake public consultation independent of the development application process in accordance with the legislative requirements, if it wishes to change the management plan. The LG Act requires councils to publish a notice in a newspaper circulating within the area of the council and on a council website, and to allow at least 21 days for interested persons to make a submission on the matter.


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