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Kilkenny Mixed Use (Residential and Commercial) Development Plan Amendment (Privately Funded)

Introduction

In 2020, the City of Charles Sturt proposes changes to the Charles Sturt Council Development Plan via the Kilkenny Mixed Use (Residential and Commercial) Development Plan Amendment (DPA) (Privately Funded).

The focus of the DPA was to rezone the existing Urban Employment Zone in Kilkenny, north of the railway line (refer to the area outlined in red on the Area Affected Map opposite). The affected area was proposed to be included in the Suburban Activity Node Zone to facilitate higher density residential and mixed use development.

The DPA investigations confirmed that the land was suited to residential infill and could be economically serviced. The draft DPA considered preferred building heights, transport, environmental noise, stormwater management, infrastructure and public open space.

Key elements of the Draft DPA in 2020

  • Rezone the land to a Suburban Activity Node Zone (a mixed use zone).
  • Allow medium to high density residential development ranging from 2 to 5 storeys in different locations.
  • Limit development along Mundulla Street to a maximum of 2 storeys (for a setback distance of 9.5 metres).
  • Allow low impact and low intensity non-residential development to service the needs of the local area, concentrated along David and Wilpena Terraces.
  • Apply the ‘Noise and Air Emissions’ and ‘Affordable Housing’ overlays to the land.
  • Ensure pedestrian connections to MJ McInerney Reserve and the station platform.
  • Allow for the location of the Outer Harbour Greenway through the subject land, adjacent to the railway corridor.

Community consultation in 2020

Community Submissions

Community were invited to lodge submissions on the Draft DPA between 6 February 2020 and 14 April 2020. Submissions were able to be submitted in one of three ways:

  • Online by completing the Submission Form below; or
  • Email jgronthos@charlessturt.sa.gov.au and clearly mark as 'Draft Kilkenny Mixed Use (Residential and Commercial) DPA - Submission' ; or
  • Post to the Chief Executive Officer, City of Charles Sturt, PO Box 1, Woodville SA 5011and clearly mark as 'Draft Kilkenny Mixed Use (Residential and Commercial) DPA - Submission'.

Submissions needed to indicate if they wished to be heard at the public meeting.

Public Meeting - Monday 18 May 2020

The Public Meeting for the Kilkenny Mixed Use (Residential and Commercial) Draft DPA (Privately Funded) formed part of our City Services Committee meeting and due to COVID-19 the meeting was conducted via a virtual platform on Monday 18 May 2020 at 6pm.

Recommended changes to the DPA following consultation

Following the Public Meeting in May 2020, Council reviewed all submissions received from community and agencies. The following is a summary of the changes recommended to the draft DPA following consultation and in response to public submissions and/or agency comments:

  1. Revised desired character statement and insert of new Principle of Development Control (PDC) addressing densities sought for the different parts of the zone at Kilkenny (150 dwellings per hectare for the land south of Pinda Street and east of Wilpena Terrace and 70 dwellings per hectare for other areas);
  2. Revised desired character statement and adapted existing PDC to express revised building heights applying across the zone at Kilkenny (reflecting maximum height of 4 storeys, plus reduced maximums at other locations across the zone);
  3. Revising the desired character statement to add additional direction for the scale and function of non-residential development at Kilkenny;
  4. Revised desired character statement and insertion of an additional PDC referencing the Sound Exposure Category Levels and new Concept Plan Map showing these across the site;
  5. Revised the desired character statement and PDC to reflect the desire to provide additional public open space as an expansion of MJ McInerney Reserve, and referencing the new Concept Plan Map;
  6. Revise desired character statement and PDC to include reference to public parks and public plaza;
  7. Adapt PDC 7 to better express desired forms of development and mixture of uses across the zone at Kilkenny;
  8. Adapt PDC 10 table to reflect the reduced shop and commercial floor space areas desired at Kilkenny; and
  9. Insertion of a new Concept Plan Map ChSt/32 – Suburban Activity Node Zone Kilkenny.

Final Draft DPA - 2021

A Final Draft DPA, referred to as the Kilkenny Draft Mixed Use DPA Final Amendment - Post Consultation - April 2021 was then prepared. Copies of the Final Draft DPA - April 2021; Agency Summary and Response Table - March 2021; and SCPA Report - April 2021 are available in the document library on this page.

City Services Committee Meeting and Council Meetings

The DPA was considered by the City Services Committee at its meeting on 19 April 2021. The Committee resolved to endorse the recommendations and two additional recommendations were included in the motion.

At its meeting on 27 April 2021, Council endorsed the City Services Committee minutes, Item 4.06 as follows:

1. That the approval package for the Kilkenny Mixed Use (Residential and Commercial) Draft Development Plan Amendment (Privately Funded), contained in Appendices A, B and C of this report, be endorsed and submitted to the Minister for Planning and Local Government for approval in accordance with Section 25(13) and (14) of the Development Act 1993.

2. That the draft covering letter from the Chief Executive Officer contained in Appendix D be sent to the Minister for Planning and Local Government.

3. Any formal submissions or deputations received by Council up to and including 10 May 2021 be included as an Appendix to the Development Plan Amendment for the Ministers consideration.

4. That Council consider the Item at the Council Meeting of 10 May 2021.

Council at its meeting on 10 May 2021, Item 6.42 endorsed all submissions and/or deputations submitted to Council up to and including 10 May 2021, on the endorsed Kilkenny Mixed Use (Residential and Commercial) DPA, be included as an Appendix to the Development Plan Amendment for the Minister's consideration.

Copies of agendas and minutes are provided below:

A total of 12 additional written submissions were received and they were attached as an Appendix to the DPA for the Minister’s consideration as per Council’s resolution. Following Council’s endorsement of the DPA, a DPA package was prepared and submitted to the Minister for Planning seeking its authorisation.

In August 2021, the Planning and Land Use Services of the Attorney-General's Department (PLUS), advised that the DPA would need to be transitioned directly into the Planning and Design Code's format (the Code), before being presented to the State Planning Commission (Commission) and the Minister for Planning. The draft transition plan was endorsed by Council on 18 October 2021. Refer to the agenda and minutes of that meeting.

DPA adopted by the Minister - March 2024

Council’s Kilkenny Mixed Use Development Plan Amendment (DPA) (Privately Funded) was adopted by the Minister for Consumer and Business Affairs, as delegate for the Minister for Planning, on 22 March 2024.

This follows Council’s endorsement of the original Development Plan Amendment back in 2021.

The Code Amendment will come into effect when consolidated into the online Planning and Design Code and published on the PlanSA Portal by the Government’s Planning and Use Services Department.

Following the Minister’s adoption of the Code Amendment, it will also be reviewed by the Environment, Resources and Development Committee of the SA Parliament.

The Minister’s adoption concludes this process, which has taken at least 10 years of investigation, policy development, consultation with the community, negotiation with stakeholders and ultimately adoption by the Minister.

For further information visit the Plan SA's Planning Portal and scroll down to "Finalised".