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Development applications

Having determined to which body the application should go, it is then necessary to choose the appropriate type of application. An applicant for a development approval may seek all required consents 'in one hit' but there is no obligation to do this [Development Act 1993 (SA) s 33(2)]. An applicant may, for example, only seek to have the relevant authority assess her or his development against the Development Plan, in which case only a 'provisional Development Plan consent' will be granted. This process assesses the compatibility of the development with the chosen site. It does not look at the detailed building plans. At the same time (or later) the applicant might seek 'provisional building rules consent'. This involves a detailed examination of the building plans against the 'Building Rules', which primarily consists of the Building Code of Australia, with certain local modifications.

An application for development approval must be accompanied by three copies of the plans, drawings and other documents required to assess the proposal. For land division applications, nine copies are required [see Development Regulations 2008 (SA) r 15]. Most councils have a pro forma accompanied by the appropriate fee which consists of a lodgment fee and a 'Development Plan assessment fee' which is calculated on the basis of the monetary value of the development. Other fees are payable for subdivisions and building approvals, [see schedule 6 Development Regulations 2008 (SA)].

Where a proposed development is assessed against a Development Plan different rules will apply depending upon whether the development is of a kind described as 'complying development', 'non-complying development' or 'merit development'.

Development applications  :  Last Revised: Fri Aug 22nd 2014
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