Planning, Development and Infrastructure (Designated Live Music Venues and Protection of Crown and Anchor Hotel) Amendment Bill 2024 (SA)

South Australia Planning, Development and Infrastructure (Designated Live Music Venues and Protection of Crown and Anchor Hotel) Amendment Bill 2024 A Bill For An Act to amend the Planning, Development and Infrastructure Act 2016.

Contents Part 1—Preliminary 1 Short title Part 2—Amendment of Planning, Development and Infrastructure Act 2016 2 Amendment of section 76—Minor or operational amendments 3 Amendment of section 127—Conditions 4 Insertion of Part 10 Division 2A Division 2A—Protection of Crown and Anchor Hotel as live music venue and development of surrounding land 135A Protection of Crown and Anchor Hotel as live music venue and development of surrounding land 5 Insertion of Schedule 4A Schedule 4A—Designated live music venue area

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Planning, Development and Infrastructure (Designated Live Music Venues and Protection of Crown and Anchor Hotel) Amendment Act 2024.

Part 2—Amendment of Planning, Development and Infrastructure Act 2016 2—Amendment of section 76—Minor or operational amendments Section 76(1)(c)—delete "made by the regulations (including to provide information in a designated instrument that relates to the content or effect of any regulation)" and substitute: of— (i) this Act or a prescribed Act; or (ii) the regulations or any other instrument made under this Act, (including to provide information in a designated instrument that relates to the content or effect of this Act or a prescribed Act, or any regulation or other instrument) 3—Amendment of section 127—Conditions (1) Section 127—after subsection (3) insert: (3a) A relevant authority must, in granting development authorisation for a relevant residential development within 60 m of a boundary of a designated live music venue, impose a condition that the development include noise attenuation measures in accordance with the Minister's noise attenuation requirements. (3b) For the purposes of subsection (3a), the Minister must publish on the SA planning portal the Minister's noise attenuation requirements. (2) Section 127—after subsection (8) insert: (9) In this section— designated live music venue means a venue or place within the designated live music venue area that is designated by the Minister in the Minister's noise attenuation requirements; designated live music venue area means the area of land bounded by the bold black line on the map set out in Schedule 4A; relevant residential development means development primarily for residential purposes but does not include development primarily for the purposes of a hotel or motel or to provide any other form of temporary residential accommodation for valuable consideration. 4—Insertion of Part 10 Division 2A Part 10—after Division 2 insert: Division 2A—Protection of Crown and Anchor Hotel as live music venue and development of surrounding land 135A—Protection of Crown and Anchor Hotel as live music venue and development of surrounding land (1) Subject to this section, development authorisation must not be granted for a proposed development involving— (a) the whole or partial demolition of the Crown and Anchor Hotel building; or (b) development involving the addition of 1 or more storeys above the Crown and Anchor Hotel building; or (c) a change in the use of the Crown and Anchor Hotel land, unless the Minister concurs in the granting of the authorisation. (2) The Minister cannot concur in the granting of a development authorisation under subsection (1) unless the Minister conducts public consultation (in such manner as the Minister thinks fit) for a period of at least 4 weeks on the proposed development. (3) The concurrence of the Minister is not required for development of a kind referred to in subsection (1)(a) that only involves the demolition of any gutter or parapet of the Crown and Anchor Hotel building that encroaches on to the surrounding land. (4) The following provisions apply in relation to development for the purposes of noise attenuation or acoustic treatment in respect of the Crown and Anchor Hotel building: (a) such development will be taken to be classified by the Planning and Design Code as deemed‑to‑satisfy development; (b) the Commission will be taken to be the relevant authority for the purposes of giving planning consent in relation to such development; (c) in so far as such development involves the partial demolition of the Crown and Anchor Hotel building, the concurrence of the Minister will not be required under subsection (1) for the development. (5) The Heritage Places Act 1993 does not apply in relation to any place on the Crown and Anchor Hotel land and, on the commencement of this subsection, any State Heritage Place on the Crown and Anchor Hotel land (whether entered in the South Australian Heritage Register as a provisional or confirmed entry) is taken to cease being a State Heritage Place and any such place on the Crown and Anchor Hotel land is taken to have been removed from the South Australian Heritage Register. (6) The following provisions apply in relation to the surrounding land: (a) development (including streetscape works) for the purposes of a significant student accommodation development on the surrounding land that— (i) through high quality design positively contributes, in the opinion of the Commission after considering relevant evidence, to the liveability, durability and sustainability of the student accommodation and the adjacent built environment; and (ii) has a maximum building height not exceeding 101 m; and (iii) consists of no more than 29 storeys; and (iv) complies, in the opinion of the Commission, with the Minister's section 135A criteria, will— (v) be taken to be classified by the Planning and Design Code as deemed‑to‑satisfy development; and (vi) be assessed against the Planning and Design Code subject to the requirement that, if an inconsistency exists between the Minister's section 135A criteria and the Planning and Design Code, the Minister's section 135A criteria prevail and the Planning and Design Code does not apply to the extent of the inconsistency; and (vii) not be subject to the operation of section 122; and (viii) not be taken to propose a change in the use of the surrounding land to a more sensitive use; (b) however, development (including streetscape works) for the purposes of a significant student accommodation development on the surrounding land that meets the requirements of paragraph (a)(i) to (iii) (inclusive) but does not, in the opinion of the Commission, comply with the Minister's section 135A criteria will be taken to be code assessed development and will be assessed on its merits against the Planning and Design Code; (c) for the purposes of this subsection, the Planning and Design Code is modified in relation to the surrounding land such that— (i) the use of the land as student accommodation is a desirable use of the land; and (ii) the maximum building height for a building on that land is 101 m and the maximum number of storeys for a building on that land is 29 storeys; (d) the Commission will be taken to be the relevant authority for the purposes of giving planning consent in relation to a significant student accommodation development on the surrounding land; (e) the Heritage Places Act 1993 does not apply in relation to any place on the surrounding land; (f) a certificate of occupancy must not be issued in relation to development for the purposes of a significant student accommodation development on the surrounding land that meets the requirements of paragraph (a) until a statement of site suitability that complies with any requirements of the regulations in respect of such statements is issued certifying that any required remediation has been undertaken and the site is suitable for its intended use. (7) For the purposes of subsection (6), the Minister must publish on the SA planning portal the Minister's section 135A criteria. (8) In this section— Crown and Anchor Hotel building means the building on the Crown and Anchor Hotel land; Crown and Anchor Hotel land means the area of land comprised and described in Certificate of Title Volume 6121 Folio 144; relevant evidence, in relation to a significant student accommodation development, includes evidence provided by the applicant for the development as to how the development— (a) responds to its surrounding context and contributes to the quality and character of the place where it is to be located; and (b) contributes to inclusiveness, connectivity and universal design of the built environment; and (c) enables buildings and places that are fit for purpose, adaptable and long‑lasting; and (d) adds value to the area by positively contributing to places and communities; and (e) optimises performance and public benefit; and (f) supports sustainable and environmentally responsible development; significant student accommodation development means a development involving the construction of a building for the primary purpose of the provision of student accommodation that is greater than 10 storeys in height; South Australian Heritage Register means the Register under the Heritage Places Act 1993; State Heritage Place has the same meaning as in the Heritage Places Act 1993; surrounding land means the area of land comprised and described in Certificate of Title Volume 5962 Folio 461. 5—Insertion of Schedule 4A After Schedule 4 insert: Schedule 4A—Designated live music venue area