OUR FLAWED PLANNING SYSTEM

OUR FLAWED PLANNING SYSTEM
…revealed in Parliamentary Committee Report

Dear Supporter and Concerned Member of the Community,

In April 2020, a 14,000 signature Petition was presented to the Legislative Council by Hon Mark Parnell MLC on behalf of the Protect our Heritage Alliance.   The Petition raised concerns about the content and implementation of the Planning Development and Infrastructure Act (PDI Act) and the Planning and Design Code (PDC) and requested independent reviews of their impacts, public accountability, risk assessment and governance.  

The recently released Report on this Petition by the parliamentary Legislative Review Committee (LRC) examined in depth and detail the many flaws and undesirable impacts of the new planning ‘reforms’ and made 14 strong recommendations for regulatory and legislative change.

The major recommendations are:

·        Improved public engagement processes in proposed revisions and changes in the PDC.

·        Amendments to the PDI Act to require an annual independent risk assessment to be monitored by the Environment, Resources and Development Committee (ERDC) and reported to both Houses of Parliament.

·        An independent review by an Expert Panel or the ERDC of the impacts on planning policies, community rights, sustainability and the environment of the PDI Act and the PDC, with the resulting report to be tabled in both Houses of Parliament in 2022.

·        A parliamentary committee to enquire into the anomalous use of the Planning and Development (Open Space) Fund to support the implementation of the PDC and its ePlanning system.

·        Further, that the PDI Act be amended to restrict the use of the Planning and Development Fund and the Urban Tree Canopy Off-set Fund to creating and developing open and green space.

·        Prioritised implementation of each of the recommendations of the ERDC Inquiry into Heritage Reform  (2019).

·        That the current Heritage Reform Advisory Panel:  increase local Council input; review and advise on the impact of the PDC on demolition controls for heritage assets; and examine whether the PDC affords adequate protection for ‘Representative Buildings’ and neighbourhood character.

·        That the Statutory Authorities Review Committee enquire into the governance of the State Planning Commission and the State Commission Assessment Panel.

Warren Jones 
Convenor, Protect our Heritage Alliance

The Government and the Parliament must now respond to the substantive findings and recommendations of the LRC and correct the many damaging flaws and anomalies in the new planning processes. 
You can download the whole report here (Beware: 178MB file)

Thank you to those of you who supported the petition.  You have made an impact.  Now we can start to fix the mess created by the new planning system before too much more damage occurs.
 

Fix the mess- Real planning ‘reform’ now

Ask your local MP what they are going to do about the Legislative Council’s recommendations on planning reform.Contact your State MP

Professor Warren Jones AO is the Convenor of the Protect our Heritage Alliance, a coalition of concerned organisations and individuals, working to protect our built and natural environment.   GPO Box 2021 Adelaide, SA 5001

Phone: 0419 852 622  Email: convenor@protectourheritage.org.au

www.protectourheritage.org.au       Facebook: protectourheritageSA

State Sanctioned Excessive Development

In attempting to save us from ‘NIMBYism’ and ‘fruitless sentimentality’ with the forthcoming implementation of the new planning system, David Penberthy offers mixed messages (The Advertiser 12/2/21). On the one hand, he approves of high rise suburban residential development in Adelaide, but on the other, decries the tenement towers now common in Sydney suburbs. He rejects the ‘excessive and unsightly growth’ in Sydney and Melbourne, and wants ‘better designed smaller homes’.

In 2019, members of a long established community group were labelled ‘NIMBYists’ by your columnist for opposing a high rise development on Unley Rd. This was a State (SCAP) approved seven storey development in a Council-designated five storey zone, which required the destruction of five mature trees.

We are now confronted by an ugly monolith abutting the footpath of a main road and a small side street, with no open space or greening, with a major shortfall of on-site car parks and with disruptive impacts on traffic, rubbish collection and other services.
This sort of excessive development, which circumvents Council controls and community wishes, will be more common with the State-sanctioned, Planning and Design Code to be implemented on March 19.

Surely the Government can create a balance between essential housing needs and restricted urban sprawl, and the temptation to despoil our unique and beautiful city with unrestrained crowded infill and suburban high rise development.

Warren Jones
Convenor. Protect our Heritage Alliance

Questions to Candidates in the City of Unley – 2022 State election

Protecting valued built and natural heritage in the City of Unley

In view of the upcoming elections in South Australia, FOCUS (Friends of the City of Unley Society Inc) is seeking candidates’ views about protecting our historic built heritage and a green urban environment. Your responses will be circulated to our membership as well as other community groups. We request that you complete this questionnaire, which is being sent to all candidates in the City of Unley.

Please provide up to 3 paragraphs in response to each question and

RETURN BY 28th FEBRUARY by email to focusonunley@gmail.com.

1. FOCUS is concerned that our built and natural heritage is under assault in this state, not just in Unley but also further afield, with examples such as Ayers House, Martindale Hall and the Parklands under threat. It appears that residential and commercial buildings which chronicle our history, and are much valued by residents, are no longer valued by government and the development industry.
   • What specific legislative changes will you pursue to restore/improve heritage protection in SA?
   • What is the most significant change you would like to see made to the current SA planning legislation?
2. Implementation of the Planning, Development and Infrastructure (PDI) Act 2016
   and Planning & Design Code has removed legislative protection for much of the older stone and brick housing stock in Unley. For example, items which were previously considered ‘contributory items’ can now more easily be demolished, accelerating the loss of valued character and buildings MORE…

focus-unley-candidate-questions-v5Download

Investing in walking and cycling

FOCUS Community Meeting

Tuesday 16 November 2021

Guest Speaker: Jennifer Bonham
Investing in walking and cycling:
Why it matters for inner suburban neighbourhoods

Jennifer Bonham is an expert in the social and cultural dimensions of urban transport. Her research ranges across community and public transport, travel behaviour-change programs, and mobility at different stages of the life course. For the past 17 years, Jennifer has focused on active travel and she is internationally recognised for her research on cycling. Jennifer has worked as a consultant on local government transport and infrastructure projects and recently moved from the University of Adelaide to an adjunct research role at the University of South Australia.

A presentation not to be missed!

Question and answer session to follow the presentation.

Unley Community Centre
18 Arthur Street Unley
7.30pm

A short FOCUS Meeting will follow the presentation.

Due to Covid restrictions we are limited to 43 attendees; we will advise if there are changes.
Please remember to wear a mask, unless restrictions have been lifted.

Please RSVP by 12th November to:

Philip Henschke: (President) 0416 160 493 or Mary Rumbold (Secretary) 0450 434 167

Due to Covid Restrictions drinks only will be provided following the presentation.

PLEASE remember to pay your FOCUS fees ($20) if you have not already done so. Thank you
• At the meeting
• EFT payment BSB 065126 A/c No. 10142849. Please mark as FOCUS Fees and your name
• Or make cheque payable to FOCUS (PO Box 172. Fullarton.5063)

CHANGE AND DECAY The destruction of our Riverbank Parklands

Dear Supporter and Concerned Community Member,

There is alarming news about the future of our Adelaide Parklands.  The Government has introduced a ‘Riverbank Precinct Code Amendment’ to the planning regulations which will allow substantial developments on both sides of the Torrens river.

The current ‘Adelaide Parklands Zone’ protecting this area will change to a ‘City Riverbank Zone/Health Subzone’ which will cover 70 hectares and embrace a so- called ‘world class’ health, biomedical, entertainment, ‘activity’ and ‘innovation’ precinct.  It also envisages ‘on water’ development.

Much of this is code for commercial activity and allows for high rise developments of up to 20 storeys.  And this is in addition to the previously announced massive and unnecessary basketball stadium on the South Riverbank.

The planned latest health precinct encompasses the proposed new Women’s and Children’s Hospital and its associated car park, transport hub and flyover bridge which will extend its footprint to the river and west to the Adelaide Goal.

This gross infringement on the riverbank and its historic olive grove is a by product of the disastrous decision to build the hospital on an inadequate footprint next to the RAH.

With all this desecration of our treasured riverbank and Parklands environment, we will still be left with a hospital that would barely be adequate for our current needs, let alone able cater for our women and children when it is finally completed in six years time.

One of the more cynical aspects of this scenario is the use of the health and biomedical imperative as a ‘Trojan Horse’ to promote the extension of commercial and inappropriate development into the Parklands.   We cannot possibly object to the former so we must tolerate the latter!

These proposals in all their aspects sit at the lunatic fringe of urban development.

They must be exposed and resisted.

You can find more details on the Plan SA website.   I urge you to express your concerns in public feedback through the Your Say website and by writing to Members of Parliament.

For those you wanting to know more about current and future planning issues, the National Trust is hosting a free public forum ‘Planning Beyond Tomorrow’ on Saturday 30th October at UniSA, from 10 am- 5 pm.

The forum features eight expert speakers and will launch the National Trust’s 50 year plan for metropolitan Adelaide: Adelaide 2070 Visions and Plans.

Registration is free, but places are limited and pre-registration is required. Don’t delay in booking your place at this important forum.  

This will be an opportunity to hear experts examine the need for a more rational, enlightened and environmentally sensitive approach to urban planning.

Thank you for your support.
 

Warren Jones 
Convenor, Protect our Heritage Alliance

Say no to the desecration of our Parklands!

Make sure you are heard by submitting written feedback
or contacting your local MP. Give your feedback before 26 October

Professor Warren Jones AO is the Convenor of the Protect our Heritage Alliance, a coalition of concerned organisations and individuals, working to protect our built and natural environment.   GPO Box 2021 Adelaide, SA 5001

Phone: 0419 852 622  Email: convenor@protectourheritage.org.au

www.protectourheritage.org.au       Facebook: protectourheritageSA

WHO WILL PROTECT OUR HERITAGE?

Keep Ayers House for the People 

Dear Supporter and Concerned Community Member,

You will be aware that the State Government wants to take the stewardship of our iconic and historic Ayers House from the National Trust of SA, after 50 years of protecting and caring for it. 

It plans to convert the state heritage interior to accommodate offices and other administrative and social functions of a Government Agency, the History Trust of SA.

This is an unprecedented brutal, unprovoked and irresponsible attack by a Government on a major Charitable Organisation.

It would mean the disruption of the cultural significance and heritage fabric of the House.  This must not be allowed to happen.

There are several other appropriate and prestigious venues on North Terrace to accommodate the History Trust with its administrative and educational functions.

Whilst the planned eviction of the National Trust is imminent and the threatened takeover is real and ominous,  Ayers House must be preserved intact as a key symbol of our commitment to heritage in this State.

Already, as a consequence of the Government’s eviction notice, the National Trust  has been forced to close the Ayers House museum.  This is the last weekend that the museum will be open to the public.

It is understandable and appropriate, therefore, that the National Trust should take legal action to prevent further erosion of the heritage and tourism status of Ayers House and to ensure its accessibility to the people of SA and beyond.

As a not-for- profit charitable body the National Trust has to be prudent and circumspect in diverting funding away from its core responsibility to identify, restore and maintain the history and heritage of our State.

The Protect our Heritage Alliance urges you to assist the Trust in mounting legal action against the unprincipled move by the Government to evict it from Ayers House.

You can do this by contributing to a fighting fund at My Cause.

No donation is too small.

Thank you for your interest and support.

Yours sincerely

Warren Jones AO

Download a list of State MP contacts

Professor Warren Jones AO is the Convenor of the Protect our Heritage Alliance, a coalition of concerned organisations and individuals, working to protect our built and natural environment.   GPO Box 2021 Adelaide, SA 5001

Phone: 0419 852 622  Email: convenor@protectourheritage.org.au

www.protectourheritage.org.au       Facebook: protectourheritageSA

FOCUS AGM – Tuesday 14 September 2021

Guest Speaker: Sandy Wilkinson – Architectural and Heritage Consultant

Heritage, where we have come from & where we are going.

A presentation not to be missed!

Question and answer session to follow the presentations.

Unley Community Centre
18 Arthur Street Unley
7.30pm

The formalities of the AGM will follow the presentation. Nomination form for the FOCUS Committee of Management can be downloaded below, or available from our Secretary:
Mary Rumbold phone 0450 434 167 or the FOCUS website.

nomination-form-2021-22Download

Due to Covid restrictions we are limited to 43 attendees; we will advise if there are changes.
Please remember to wear a mask, unless restrictions have been lifted.

Therefore it is imperative you RSVP by 9th September to:

Philip Henschke: (President) 0416 160 493 or Mary Rumbold (Secretary) 0450 434 167

Due to Covid Restrictions drinks only will be provided following the presentation.

PLEASE remember to pay your FOCUS fees ($20) at the AGM or direct via EFT payment BSB 065126 A/c No. 10142849. Please mark as FOCUS Fees and your name or make cheque payable to FOCUS (PO Box 172. Fullarton.5063)

MARTINDALE HALL FOR THE PEOPLE

Dear Supporter and Concerned Community Member,

Martindale Hall dates from 1880, and in 1972 it was bequeathed by the Mortlock family to the University of Adelaide.  In 1980, it was listed on the State Heritage Register, and in 1986 it was gifted by the University to the people of South Australia to be held in trust by the Government of South Australia.

Environment Minister David Speirs has introduced a Bill into Parliament seeking to divert Martindale Hall, and its surrounding Conservation Park from the protection it currently enjoys under the charitable trust established by the gift, the National Parks and Wildlife Act and the watchful eye of the National Trust of SA.

There are four main areas of concern in the Bill:

• Abolition of the Conservation Park.

• Extinguishment of the Charitable Trust.

• Unfettered Ministerial powers to lease and license the Hall without public accountability.

• Development approvals determined by the State Planning Commission, an unelected and unaccountable Government body.

If the Bill were to be passed, the Hall could be privatised or commercialised at the sole discretion of the Minister of the day, and public access could be diminished or denied.

There is widespread and escalating public concern about the damaging implications of this Bill.   However, this is matched by a groundswell of statewide community support for a pivotal role for the National Trust in conserving and enhancing the property as a major tourist attraction.    The Trust has committed to underpinning such a role with a $5 million endowment fund in the hope and belief that State Government will also make a substantial contribution, if it is serious about its concerns about the fate of Martindale Hall as a public institution.

However it appears that a rational approach to ensuring the future of the Hall hinges on Minister Speirs’ interpretation of the legal status of its charitable trust.  He insists that this trust must be abolished by an Act of Parliament to allow, even, non-invasive refurbishments of the fabric of the building.

His legal ‘advice’ is occult and mysterious, and possibly of no relevance to the National Trust’s proposal to restore Martindale Hall to its rightful heritage status and utility as a public asset.   The Minister claims that he can’t or won’t reveal the legal status of the Charitable Trust on the advice of the Attorney General.

When challenged on this issue on ABC radio recently, he, characteristically, lost his cool, and obfuscated to the point of incomprehension.    If, indeed, the Martindale Hall Trust is any impediment to future plans for the property, then, surely this specific issue can be solved by simple parliamentary regulation.  

There is no need for a legislative sledgehammer in the form of the proposed Bill, unless the Minister intends to use it to extricate the Hall from the protections hitherto afforded under the Charitable Trust and as a Conservation Park.

This Government’s abysmal record on heritage belies its pre-Election rhetoric.    We must hold it to account for every threat of demolition, disruption or privatisation of heritage items in the name of ‘development’ or misplaced populism.

As the Legislative Council prepares to debate the government’s bill to privatise Martindale Hall, I urge you to contact non-government members of the Council and ask them to vote against the bill.  You can also download the National Trust petition to Parliament and help collect signatures.  Please also sign and share the online petition.

We need your help to keep Martindale Hall for the people and protect it from the Government’s privatisation plans.

Thank you for your support.
 

Warren Jones 
Convenor, Protect our Heritage Alliance

Ask the Legislative Council to say no to privatising Martindale Hall  

Please write to the non-government members of the Legislative Council  and ask them to oppose the Government’s bill to allow the privatisation of Martindale Hall.Download a list of Legislative Council member contacts

Professor Warren Jones AO is the Convenor of the Protect our Heritage Alliance, a coalition of concerned organisations and individuals, working to protect our built and natural environment.   GPO Box 2021 Adelaide, SA 5001

Phone: 0419 852 622 

Email: convenor@protectourheritage.org.au

Web: www.protectourheritage.org.au       

Facebook:protectourheritageSA

Serious scams – Beware Unscrupulous Arborists

In Melbourne it is alleged that dodgy tree loppers are scamming elderly homeowners and hacking up healthy trees. Here’s what you need to know. Dr Greg Moore (Melbourne University) writes in “The Conversation” (3rd August).

We certainly hope this is not happening in Adelaide!

For people concerned about maintaining their big trees, the article outlines the many attributes of big trees and reasons for their retention. It also includes excellent information on how to go about finding a qualified arborist/tree pruner.

Will new planning rules to allow the demolition of this heritage treasure in Willunga?

Dear Supporter and Concerned Community Member,

Ever since the Liberal Government’s Planning and Design Code came into force in metropolitan Adelaide in March, we have been bracing for a wave of demolitions of our heritage buildings.

The Code has seriously diluted the demolition controls that operated in many Council Development Plans in the metropolitan area.  By making it easier to argue for demolition of local heritage places based on the cost of repair, many of our local heritage places will be vulnerable if they have not been adequately maintained.

An early and disturbing example is the 159 year old stone cottage in St Jude Street Willunga (above).  Purchased just months ago, the new owner is now seeking permission to demolish the building, arguing that it would cost an “unreasonable” amount to repair salt damp and issues with the foundations.  

These matters could readily be addressed with undersetting and salt damp treatment.  Neither of these problems are a particularly unusual requirement for buildings of this age. 

The fact that under the new planning rules, assessments acquired by the owner can be deemed sufficient to justify demolition shows just what a dangerous state our heritage protection system is now in.

Fortunately, and unusually, there is an opportunity for public comment on this proposal.  But you must act quickly.

You can register your opposition to the proposed demolition on the Plan SA website by Wednesday 4 August.

https://planninganddesigncode.plan.sa.gov.au/HaveYourSay/submission.aspx?z=CF85NK&sID=WQ9dV5TJ/pw|eq

I urge you to make a submission to show your support for preserving this rare and delightful piece of Willunga’s history.

At the very least, please show your support for protecting it from demolition by signing the online petition. 

What is the point of our heritage protection system if it creates gaping loopholes that allow places to be demolished on the basis of advice purchased by the person proposing the demolition?

The integrity of our heritage protection system has been fatally undermined by the promotion of private certifiers and the exclusion of councils and communities from decision making processes.  Perhaps St Jude Street can be saved, but more than 21 000 state and local heritage places are now at similar risk until the heritage protection provisions in the Planning and Design Code are fixed.

So far, Planning Minister Vickie Chapman has ignored all of the submissions made to her about the need to address these glaring problems in her Planning and Design Code.

The fate of places like St Judes Street will be her legacy.

Thank you for your support

Warren Jones 
Convenor, Protect our Heritage Alliance

Ask the Legislative Council to say no to privatising Martindale Hall  

Please write to members of the Legislative Council  and ask them to oppose the Government’s bill to allow the privatisation of Martindale Hall.Download a list of State MP contacts

Professor Warren Jones AO is the Convenor of the Protect our Heritage Alliance, a coalition of concerned organisations and individuals, working to protect our built and natural environment.   GPO Box 2021 Adelaide, SA 5001

Phone: 0419 852 622  Email: convenor@protectourheritage.org.au

www.protectourheritage.org.au       Facebook: protectourheritageSA

THE FUTURE OF AYERS HOUSE Heritage Museum or Government Offices?

Dear Supporter and Concerned Community Member,

The future of Ayers House as a treasured heritage property and museum is under threat.  On Thursday 10th June 2021 a notice of eviction from the Minister for the Environment and Water and his Departmental Head was hand delivered to the National Trust of South Australia indicating that it should vacate the premises within 31 days.

And so, a proud 50 year history of stewardship of the House and its Museum by the National Trust was summarily terminated.   This was an unprecedented and unwarranted attack by a Government on a major incorporated charity  organisation which for 65 years has nurtured and safeguarded much of South Australia’s built and natural heritage.

The History Trust of South Australia is a statutory Government Agency residing within the Department of Education.  Its funding, responsibilities and activities devolve from the Government of the day.   It was established 40 years ago, and, since that time, has been seeking a permanent location for its burgeoning administrative staff. It is hard to know whether this reflects the value placed on the Agency by Government, or the ineptitude of the organisation.

Why wait so long before entering a complicit arrangement with the Premier, and the Minister responsible for State Heritage, to purloin Ayers House from the National Trust for the inappropriate purpose of transforming its heritage interior into modern offices, lecture theatres and function rooms?

No other jurisdiction in the country has indulged in establishing a Government administered History Trust or similar statutory body.  There is a reason for this: the avoidance of the influence and vicissitudes of government control of our history, culture and heritage.   These areas of our lived experience must be the purview and subject of true community ‘ownership’, under the administration and protection of prestigious independent bodies such as the National Trust.  In other states, government public history activities sit within the purview of state museums and libraries.  Why does SA need this extra bureaucracy?

Apart from an unwarranted and inexcusable vindictiveness by the Government and its associated History Trust towards the National Trust of SA, there is no logical or practical reason to evict the National Trust from its long-term and responsible tenure of Ayers House.

The requirement for an administrative centre to accommodate a bevy of public servants in proximity to the commercial opportunities and political status symbol of Lot 14, is no excuse to eviscerate Ayers House, tarnish its heritage status and sacrifice its Museum collection of 30,000 precious and priceless artefacts and furniture.

If the Government is seeking a North Terrace address for the History Trust and its structural and bureaucratic functions it need look no further than the near-deserted Institute Building on North Terrace, or the vacant Eleanor Harrald complex within the Lot 14 complex.

Vacant space configured for office in the Institute Building on North Terrace.

Eleanor Harrald Building at Lot 14.

These venues would more than serve the purposes of the History Trust.   Failing this, a cogent and compelling case can be made for disbanding this, so-called Trust.  It is not a Trust, it is a Government Agency.   It masquerades as a Trust in soliciting donations from the public; a curious twist to have a Government body formally seeking charity from its constituents.

The functions of the History Trust could more rationally and economically be disbursed in other ways, and to other more appropriate bodies.   The protection of our heritage should reside in a single, dedicated Government Department, and codified in new and comprehensive legislation.   The administration and management of the museums currently under the imprimatur of the History Trust could be placed under an umbrella overseen by the SA Museum.

Its educational activities can be implemented and co-ordinated by the Department of Education and other bodies, with local community input and support.

There is no doubt that ‘History Month’ is popular and successful, but like many of our other public events it need not be the province of a Government Agency.   In its current format, its activities rely heavily on local community involvement and front- line volunteers from the National Trust and other non-government organisations.

Simply put, the History Trust is an anachronistic and unnecessary impost on the public purse, consuming $6.5 million in taxpayer funds each year.  Its functions should be distributed largely amongst appropriate independent bodies such as the National Trust, and its substantial budget diverted from this bureaucratic agency towards efficient and directed subsidisation of the activities of other established bodies.

For example, the multi-million dollar spend recently announced by the Government envisages changes to the structure and functions of Ayers House.   This money could, most effectively, be used to install a lift and air conditioning in the House, and in assisting the National Trust to embellish and maintain the fabric and contents of this heritage icon, rather than establishing government offices there.

It’s all a question of political opportunism and priorities.  The Government will need to re-assess its attitudes and policies with regard to protecting our built and natural heritage and to its treatment of bodies such as the National Trust of SA.

To ignore these issues is to recruit an escalating body of opinion which will undoubtedly have an influence on the outcome of the forthcoming State Election.

I urge you to show your support for the keeping the National Trust at Ayers House by signing their online petition: Keep Ayers House for the People

Thank you for your interest and support.

Yours sincerely

Warren Jones AO

Ask the Legislative Council to say no to privatising Martindale Hall  

Please write to members of the Legislative Council  and ask them to oppose the Government’s bill to allow the privatisation of Martindale Hall.Download a list of State MP contacts

Professor Warren Jones AO is the Convenor of the Protect our Heritage Alliance, a coalition of concerned organisations and individuals, working to protect our built and natural environment.   GPO Box 2021 Adelaide, SA 5001

Phone: 0419 852 622  Email: convenor@protectourheritage.org.au

www.protectourheritage.org.au       Facebook:protectourheritageSA