Complying development essentially provides for a tick-box assessment of a proposal against a set of criteria. Development plan consent will be granted if the proposal is listed as complying in either the Development Plan or Schedule 4 of the Development Regulations 2008 [Development Act 1993 (SA) s 35(1) and Schedule 4 Development Regulations 2008 (SA)] and is in a zone where complying development applies and meets all the required standards ( performance controls ) for that sort of complying development.
Examples of complying development are:
- certain carports, garages, outbuildings and single story dwellings, additions and alterations
- work within a building which does not increase the total internal floor area
- demolition and removal of a building and replacing it within three years with a building substantially in the same place and having substantially the same layout and external appearance, (provided it is not located in the City of Adelaide, heritage places or conservation zones.)
- certain new detached and semi-detached homes (does not apply to battleaxe allotments)
It is important to appreciate that under the Development Act 1993 (SA), even if the development is a complying development, the developer is still required to lodge a formal application for development approval. These matters should be approved no more than 35 working days from application lodgment if all conditions are met. Usually complying developing assessment will take 10 working days.
Where development is described in a Development Plan or the Development Regulations 2008 (SA) as 'non-complying' the relevant authority may:
- refuse an application without proceeding to assess it, in which case there is no right of appeal by the applicant [Development Act 1993 (SA) s 39(4)(d)]
- determine to proceed to assess it, in which case as part of its assessment the relevant authority will require from the applicant a Statement of Effect.
This Statement of Effect must include:
- a description of the proposal, the relevant provisions of the Development Plan and the extent to which the proposal complies with the Development Plan, and
- an assessment of the expected social economic and environmental effects of the development on its locality [Development Act 1993 (SA) s 35, Development Regulations 2008 (SA) r 17].
Because non-complying developments can be controversial or have potentially adverse impacts on the local environment, a non-complying development must not be granted a consent unless both the local council and the DAC agree. In addition, where the DAC is the relevant authority, the Minister for Planning must also agree [Development Act 1993 (SA) s 35(3)].
Often, a Development Plan does not list a particular form of development as either complying or non complying. In these cases, the relevant authority must consider each development on its merits, having regard to the objectives and principles of development control set out in the Development Plan.
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