Golden Grove Neighbourhood and Commercial Code Amendment

Last updated: November 2022

In July 2021, Council received a request from YAS Property and Development (YAS) and Villawood Properties 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 10-15 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.

On 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.

On 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.

On 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 designated entity responsible for undertaking the Code Amendment process is YAS Property and Development and Falkenburg Road Pty Ltd. The approved Proposal to Initiate a Code Amendment can be found on the PlanSA website

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Council-led Proposal to Initiate the Golden Grove (Rural Living to Neighbourhood-Type Zone) Code Amendment has now been withdrawn.

The key conditions for the Code investigations imposed by the Minister for the Golden Grove Neighbourhood and Commercial Code Amendment are summarised as follows:

  • Retention of a 300m “no development” buffer adjacent the quarry boundary. This buffer applies to both the proposed commercial and residential zones.
  • Air quality and noise monitoring on land within 300-500m of the quarry boundary to the satisfaction of the EPA including worst case scenarios to account for future mining activities that may occur up to the boundary.
  • Public engagement in relation to rezoning of land within the 300-500m radius can only occur with approval from Planning & Land Use Services (PLUS).
  • Public engagement for rezoning of land beyond 500m of the quarry boundary may be undertaken at any time from now without the approval of PLUS.
  • Prior to approval of the Code Amendment all deeds and agreements regarding infrastructure have been executed to the satisfaction of all parties.
  • YAS to withdraw the developer-led Commercial/Retail Code Amendment.
  • Consultation with specified stakeholders and in accordance with the Community Engagement Charter.

Developer led Code Amendment key steps

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 and preparation of the draft Code Amendment.

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 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.

Frequently asked questions

At what stage is this Code Amendment?

  • The Minister for Planning has approved the Proposal to initiate a developer-led Code Amendment and the developer is responsible for progressing the investigations. Significant investigations have already occurred since July 2021.
  • You can track the progress of the Code Amendment via the PlanSA website. Select the relevant Code Amendment and add your email address at the “Subscribe to be notified” link.

 

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

  •  The developer

 

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).
  • Once the investigations are completed the community can comment on the draft policies and rezoning proposal which are detailed in the draft Code Amendment. 
  • The exact timing of when formal community engagement will commence is not set at this stage.
  • The timing of community engagement will depend on how long other steps in the process take, including all the investigations.
  • 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.

 

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.

 

Traffic and bushfire issues

  •  These issues are being considered, along with other important issues, as part of investigations.
  • The investigations will also consider upgrades to One Tree Hill Road. 

 

What other investigations will cover

Detailed investigations are being undertaken on the matters below: 

  • Aboriginal and historical heritage
  • Ecology and fauna
  • Utility services
  • Environmental due diligence
  • Social infrastructure 
  • Demand for rural living land 
  • Infrastructure schemes 
  • Residential land supply and demand
  • Environmental food production area
  • Noise and air quality – the Minister for Planning has required specific investigations into air and noise quality over a 12-month period.

 

How do I register my interest for a block of land?

  • The sale of housing allotments will be managed by the developer or their agents, not by Council. 
  • The rezoning needs to occur first, and there’s no guarantee this will happen, then a master plan for land division needs to be prepared and approved before the first stage of allotments can be released to interested purchasers by the developers. This could take several years.
  • Allotments will be released in stages over 10 to 15 years.

 

Who owns the land proposed to be rezoned?

  • The land is owned by private land owners.

 

How was it decided which developers will develop the area?

  •  As each land holding is privately-owned, the two developers have negotiated agreements with the majority of land owners regarding a rezoning of their properties with the intention of developing the properties for housing and commercial uses.
  • Council has no part in negotiations between the land owners and the developers.
  • The Planning, Development and Infrastructure Act allows developers and landowners to undertake a Code Amendment.
  • Council has received a financial contribution from the developer towards the costs of undertaking investigations.

 

Is there additional infrastructure planned?

  •  The development will include the infrastructure required to support a new development of this scale and will include the usual storm-water networks, roads, street lighting, street trees, telecommunications, sewer, water, etc.