Golden Grove Neighbourhood Code Amendment

Each step relies on the previous step being approved. If this does not occur, the process ends at that point. 

The developer is responsible for undertaking the investigations, preparation of the draft Code Amendment and consulting with the community and stakeholders.

The process is set out in the Planning, Design and Infrastructure Act 2016. A key aspect in this process will be inviting the community to have their say. The process in the Act is as follows:

1. Pre-initiation investigations 
2. Proposal to Initiate Code Amendment submitted to the Minister 
3. Minister approves Proposal to Initiate a Code Amendment
4. Developer prepares draft Code Amendment and prepares Community Engagement Plan 
5. Developer liaises with Council and other infrastructure providers regarding Infrastructure Deeds
6. Developer undertakes community engagement
7. Developer prepares a Community Engagement Report and the final Code Amendment 
8. Minister considers final Code Amendment and Deeds of Agreement and can approve, vary or refuse the Code Amendment
9. If approved, the Code Amendment is review by the Environment, Resource Development (ERD) Committee.

At what stage is this current Code Amendment?

• The Minister for Planning approved the latest Proposal to initiate a Golden Grove Neighbourhood Zone Code Amendment on 28 April 2023 and the developer is responsible for progressing the investigations. Significant investigations have already occurred since July 2021.

• The Code Amendment was released for Community Engagement on Friday 28 July 2023 and closed Friday 8 September 2023 at 5pm.

   

Will the community have an opportunity to have their say and when?

• Community engagement is a legal requirement (under the Planning Development and Infrastructure Act).

• Community Engagement occurred from 28 July 2023 until 5pm Friday 8 September 2023. Feedback during community consultation was able to be provided to the developer in the following ways:
  

  - Online survey or submissions form
  - Email
  - In writing via post
  - Attending a community drop-in session
  - One-on-one meetings with the project team.

• The developer is responsible for undertaking community engagement and presenting the feedback in an Engagement Report that will be presented to the Minister for Planning.
   

Who is responsible for leading the current Code Amendment process and undertaking the investigations?

The developer.

Has Council made a decision on this rezoning?

No, Council has not made a decision on the rezoning. Council is no longer leading the amendment process, however, the developer will continue to engage with Council, in particular in relation to the provision of road, stormwater and social infrastructure. The final decision on whether to approve the Code Amendment will be made by the Minster for Planning. 
 

Why have there been so many different versions of the Proposal to Initiate a Code Amendment?

The Code Amendment has been initiated by developers and they have adjusted the scope as circumstances have changed. Each of the adjustments have triggered a formal change which needs to be approved by the Minister for Planning. In summary there have been four versions: 

1. Golden Grove (Rural Living Zone to Neighbourhood-type Zone) Code Amendment (Council-led and withdrawn)
2. Golden Grove Commercial/Retail Code Amendment (Developer-led and withdrawn)
3. Golden Grove Neighbourhood and Commercial Code Amendment (Developer-led and withdrawn)
4. Golden Grove Neighbourhood Code Amendment (Developer-led and active) Reduced area - now only affecting land north of One Tree Hill Road. 
    

What are the conditions that the Minister for Planning has imposed on the current Proposal to Initiate?

The key conditions imposed by the Minister are summarised as follows:

• The scope of the proposed Code Amendment does not include the creation of new planning rules, and is limited to the spatial application of zones, subzones, overlays, or technical and numerical variations provided for under the published Planning and Design Code (the Code) on the date the Amendment is released for consultation. 
• The Code Amendment is prepared by a person with qualifications and experience that is equivalent to an Accredited Professional—Planning Level 1 under the Act. 
• Prior to adoption of the Code Amendment, the Designated Entity must demonstrate to my satisfaction, as Minister for Planning, that all necessary agreements or deeds are fully executed as required to secure the funding and/or delivery of all infrastructure required to accommodate the development of the affected area, as proposed by the Code Amendment (to the satisfaction of all relevant infrastructure providers).
• The previously initiated Golden Grove Neighbourhood and Commercial Code Amendment must be formally withdrawn.
• For the land within 300-500 metres of the quarry boundary, the Designated Entity must undertake the following investigations to the satisfaction of the Environment Protection Authority: 
  - Air quality monitoring 
  - Noise monitoring. 
   

Traffic issues

• These issues are being considered, along with other important issues, as part of investigations.

• Investigations have identified that the proposed development will have an impact on One Tree Hill Road beyond the property boundaries. As such, there will be requirements to upgrade One Tree Hill Road from the site of the development to Golden Grove Road. 
   

July 2021: Council received a request from YAS Property and Development (YAS P&D) and Falkenburg Road Pty Ltd requesting that Council initiate and lead a Code Amendment that would rezone the Rural Living Zone at Golden Grove (excluding 53 and 99 Crouch Road) to a Master Planned Neighbourhood Zone to enable the construction of approximately 1,500 new homes and approximately 3,900 residents over 10 to 15 years.

Council agreed to lead the investigations for rezoning and lodged a Proposal to Initiate a Golden Grove (Rural Living Zone to Neighbourhood-type Zone) Code Amendment with the Minister for Planning to be funded by YAS. At around the same time, YAS lodged a Proposal to Initiate a developer-led Golden Grove Commercial/Retail Code Amendment with the Minister for Planning relating to 53 and 99 Crouch Road Golden Grove, to rezone these parcels from Rural Living Zone to a commercial/retail zone.

15 March 2022: YAS advised Council that they had requested the Minister for Planning to merge the two Code Amendments into one and that this would be led by the developers rather than by Council.

22 March 2022: Council resolved to withdraw the original Proposal to Initiate the Golden Grove (Rural Living to Neighbourhood-Type Zone) Code Amendment if the Minister approved the developer-led Proposal to Initiate.

6 October 2022: The Minister for Planning, the Hon Nick Champion, advised Council that he had approved the Proposal to Initiate the developer-led combined Golden Grove Neighbourhood and Commercial Code Amendment with conditions. The developer responsible for undertaking the Code Amendment process is YAS Property and Development and Falkenburg Road Pty Ltd. 

The original Council-led Proposal to Initiate the Golden Grove (Rural Living to Neighbourhood-Type Zone) Code Amendment has now been withdrawn.

March 2023: The developer submitted a new Proposal to Initiate a Golden Grove Neighbourhood Code Amendment to the Minister for Planning that only included properties north of One Tree Hill Road (see Figure 1: Affected Area map). This area would be stage 1 of a rezoning process. A future stage 2 would comprise properties south of One Tree Hill Road. Stage 1 proposes 340 allotments and stage 2 proposes 160 allotments.

28 April 2023: The Minister for Planning approved the new Proposal to Initiate with conditions. 

30 April 2023: The Minister for Planning announced this land at Golden Grove would be unlocked for development to address the growing housing need in South Australia.

2 June 2023: The Minister for Planning issued variations to the conditions. 

28 July 2023: The developer is commencing community engagement on Stage 1 of the Golden Grove Neighbourhood Code Amendment (land north of One Tree Hill Road only) in accordance with the Community Engagement Charter The proposed Code Amendment, Engagement Plan and Fact Sheets prepared by the developer can be viewed on the PlanSA website

8 September 2023: Community Engagement closed. The outcomes of Community Engagement will be reviewed by the developer, with an Outcomes of Community Engagement Report to be prepared.