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
Subject to this section, development authorisation must not be granted for a proposed development involving—
the whole or partial demolition of the Crown and Anchor Hotel building;
or
development involving the addition of 1 or more storeys above the Crown and
Anchor Hotel building; or
a change in the use of the Crown and Anchor Hotel land, unless the Minister concurs in the granting of the authorisation.
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.
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.
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:
such development will be taken to be classified by the Planning and
Design Code as deemed‑to‑satisfy development;
the
Commission will be taken to be the relevant authority for the purposes of giving planning consent in relation to such development;
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.
Subject to subsection (6), 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.
The following provisions of the Heritage
Places Act 1993 apply in relation to the Crown and Anchor Hotel building as if that building were a State Heritage Place:
section
36;
section
38A;
section
39A;
section
39B.
The following provisions apply in relation to the surrounding land:
development (including streetscape works) for the purposes of a significant student accommodation development on the surrounding land that—
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
has a maximum building height not exceeding 101 m; and
consists of no more than 29 storeys; and
complies, in the opinion of the Commission, with the Minister's section 135A criteria, will—
be taken to be classified by the Planning and Design Code as deemed‑to‑satisfy development; and
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
not be subject to the operation of section 122;
and
not be taken to propose a change in the use of the surrounding land to a more sensitive use;
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)
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;
for the purposes of this subsection, the Planning and Design Code is modified in relation to the surrounding land such that—
the use of the land as student accommodation is a desirable use of the land; and
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;
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;
the
Heritage
Places Act 1993 does not apply in relation to any place on the surrounding land;
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.
For the purposes of subsection (7), the Minister must publish on the SA planning portal the Minister's section 135A criteria.
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—
responds to its surrounding context and contributes to the quality and character of the place where it is to be located; and
contributes to inclusiveness, connectivity and universal design of the built environment; and
enables buildings and places that are fit for purpose, adaptable and long‑lasting; and
adds value to the area by positively contributing to places and communities; and
optimises performance and public benefit; and
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.
This provision refers to the regulations (the regulations
). Made under this Act:
- Planning, Development and Infrastructure (Accredited Professionals) Regulations 2019
- Planning, Development and Infrastructure (Fees, Charges and Contributions) Regulations 2019
- Planning, Development and Infrastructure (Planning Agreements) Regulations 2020
2 more instruments made under this Act are listed on the Act’s overview.
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