Categories of Development and Assessment Pathways

Development assessment refers to the process of granting development approval for construction, alteration or demolition of buildings, division of land and changes in land use.

During a proposed development assessment, different rules, criteria and guidelines will apply depending upon how the development is categorised and classified, which depends on the location of the proposed development.

The three main categories of development, which establish assessment pathways, under the Planning, Development and Infrastructure Act 2016 (SA) are:

Further information about assessment pathways is available on the Plan SA - Assessment Pathways webpage.

1. Accepted Development

Development falls within the category of accepted development if it is classified by the Planning and Design Code or the regulations as ‘accepted development’ [Planning, Development and Infrastructure Act 2016 (SA) s 104(1), Planning, Development and Infrastructure (General) Regulations 2017 (SA) Sch 6A].

Accepted development does not require planning consent [s 104(2)], and includes minor and standard applications which may only require Building Consent. See 'Building Consent - Complying Building Work' below.

Accepted developments that require Building Consent are assessed by local councils or a private building certifier.

Examples of accepted development include:

The accepted development category applies in most areas of South Australia with exceptions including Flood Zones and heritage areas.

If the relevant authority fails to provide a determination within the time frame prescribed by the Planning, Development and Infrastructure (General) Regulations 2017 (SA) [reg 53], the applicant may issue a Deemed Planning Consent Notice that states that planning consent should be granted. See ‘Deemed Planning Consent Notice' [Planning, Development and Infrastructure Act 2016 (SA), s 125(2)].

Building Consent - Complying Building Work [s 118]

Complying building work (as a form of accepted development) essentially provides for a tick-box assessment of proposed building work against a set of criteria. Building consent will be granted if the proposal is listed as complying in either the Building Rules or Schedule 7 of the Planning, Development and Infrastructure (General) Regulations 2017 (SA) and is in a zone where complying building work applies and meets all the required standards.

Building work assessed by a relevant authority as being in a form specified in Schedule 7 of the Planning, Development and Infrastructure (General) Regulations 2017 (SA) must be granted building consent [reg 28(1), Planning, Development and Infrastructure Act 2016 (SA) s 118(1)]. Schedule 7 of the Planning, Development and Infrastructure (General) Regulations 2017 (SA) set out the types of building work (and some conditions) that may meet the criteria to be granted building consent under section 118 of the Act. The types of building works that may qualify for building consent include:

The presumption of building consent does not apply to building work that affects a State heritage place, or building work that is excluded by the provisions in Schedule 7 [Planning, Development and Infrastructure (General) Regulations 2017 (SA) reg 28(2)]. Where there is inconsistency between the Building Rules and the Planning Rules in relation to a State or local heritage place, the Planning Rules prevail and the Building Rules do not apply to the extent of the inconsistency [Planning, Development and Infrastructure Act 2016 (SA) s 118(6)]. However, the relevant authority must ensure, as much as is practicable, that the building standards reached are as good as can be reasonably achieved in the circumstances [s 118(6(b)].

At completion of the building works, a Certificate of Compliance certified by a building certifier must be provided to the relevant authority. The Certificate of Compliance is considered sufficient proof that the building work complies with the Building Rules [Planning, Development and Infrastructure Act 2016 (SA) s 118(8)].

2. Code Assessed Development

Code assessed development refers to development that is assessed on its own merit, having regard to the objectives of the State planning policies and the provisions of the Planning and Design Code [Planning Development and Infrastructure Act 2016 (SA) s 105(a)].

Once assessed against the Planning and Design Code, code assessed development will be classified as either deemed-to-satisfy development or performance assessed development.

Deemed-to-satisfy development [s 105(a), s 106]

A ‘deemed-to-satisfy development’ replaces the old development category of Complying Development under the old and repealed Development Act 1993 (SA).

Simple developments such as a detached house in a residential zone are fast tracked through the approval process as a deemed-to-satisfy development.

Deemed-to-satisfy development applications are assessed against the provisions of the Planning and Design Code by an accredited professional or an assessment manager [Planning, Development and Infrastructure (General) Regulations 2017 (SA) regs 22, 25].

There are no public notification requirements for deemed-to-satisfy developments [s 106(3)].

Performance Assessed Development [s 105(b); s 107]

A performance assessed development application is assessed against the provisions of the Planning and Design Code. While standard developments are fast tracked through the ‘deemed-to-satisfy’ assessment process, more complex development (i.e. a multi-storey building) will be subject to more in depth performance based assessment.

Performance assessed development applications are assessed by an assessment manager, assessment panel, or the State Planning Commission (SPC).

There are public notification requirements for performance assessed development applications. Unless an exemption is provided under the Planning and Design Code or Practice Direction from the Minister, notification of performance assessed development applications must be given to adjacent land owners. A notice or sign outlining the development must be displayed on the land [s 107(3)(a)].

Under the Planning, Development and Infrastructure (General) Regulations 2017 (SA), the assessing authority must advise the applicant within 25 business days after receiving the application [Planning, Development and Infrastructure (General) Regulations 2017 (SA) reg 53(b)]. The 25 business days is comprised of 5 days to verify the assessment, with 20 days to undertake the assessment.

The time frame for assessment of the performance assessed development application is extended:

If the relevant authority does not decide an application within the time frame prescribed by the regulations, the applicant may give that authority a Deemed Planning Consent Notice that states that planning consent should be granted [Planning, Development and Infrastructure Act 2016 (SA) s 125(2)]. See ‘Deemed Planning Consent Notice'.

3. Impact assessed development [s 108]

Under the Planning Development and Infrastructure Act 2016 (SA), development falls within the category of impact assessed development if:

[Planning, Development and Infrastructure Act 2016 (SA) s 108(1)].

Impact assessed development includes broad scale or major developments like major infrastructure or industrial scale developments (eg. a new port, a metal foundry, a marina of more than 100 berths, a wind farm in marine waters etc.)

Impact assessed development is subject to an environmental impact statement (EIS), and full analysis of the environmental, economic, social impact is required, along with assessment of how those impacts will be managed by the developer.

Impact assessed development includes restricted development defined under the Planning and Design Code. Whether or not a development is to be assessed as a restricted development is determined by the State Planning Commission [Planning, Development and Infrastructure Act 2016 (SA) s 110(1)].

Impact Assessed - Restricted Development [s 110]

Restricted developments are assessed by the State Planning Commission (or a delegated authority) against the provision of Practice Directions (issued by the State Planning Commission) and the Planning and Design Code. The State Planning Commission (SPC) is not bound by the provision of the Code in making an assessment of restricted development but may be guided by the provisions of the Code.

Examples of restricted development include a shop in a residential zone, or a winery in a water protection area. Public notification of restricted development applications must be:

[Planning Development and Infrastructure (General) Regulations 2017 (SA) reg 47, Planning, Development and Infrastructure Act 2016 (SA) s 110(2)(a)].

An person may make submissions to the SPC in relation to the granting or refusal of planning consent for a restricted development. Submissions to the SPC must:

[Planning Development and Infrastructure (General) Regulations 2017 (SA) reg 50].

The ordinary course of postage will be taken to be 4 business days from the day on which the notice is sent [reg 50(2)].

A person who makes a submission to the SPC within the notification time-frame will have a ‘third party’ right of appeal if they are unhappy with the decision. See 'Appeals' generally.

Exempt Development

An exempt development does not require development assessment or approval. The types of development that are considered ‘exempt’ development are set out in the regulations or in the Planning and Design Code.

Activities excluded from the definition of development are listed under Schedules 4, 4A and 5 and activities that do not require approval are listed in Schedule 13 of Planning Development and Infrastructure (General) Regulations 2017 (SA). It includes minor residential developments which homeowners commonly undertake to improve their properties. Examples include sheds up to 15 square metres in area (with some conditions), pergolas (with some conditions, including not having a hard roof, decks no more than 50cm above the ground (with some conditions), shade sails to 20 square metres and not higher than 3 metres (with some conditions), water tanks not exceeding 60,000L in volume (with some conditions), roller doors (with some conditions) and fences up to 2.1 metres in height (with some conditions).