There are about 50,000 development applications lodged in South Australia every year (Planning SA:Online). These applications range from simple extensions to residential homes through to major projects. Development is important for the economic growth of South Australia and our immediate community.
No development can be taken without the appropriate development approval being obtained by the relevant authority.
Fines of up to $120,000 for illegal development can be incurred and prosecution can be taken.
It is wise to seek advice from the appropriate authority as to whether approval is required to be obtained before you develop any land or property.
'Development' is defined in the Development Act to include:
The Development Act and Regulations detail the processes for making and assessing development applications.
No development can be undertaken without an appropriate Development Approval being obtained from the relevant authority.
One of the primary functions of the Development Act is to regulate development in order to:
All forms of development require Development Plan consent. Each proposal is assessed by the relevant Development Plan, Development Act and Development Regulations 1993.
The Development Plan sets out provisions dealing with the design and location of development and includes matters such as zoning and design criteria.
In the assessment of an application for Development Plan Consent the following is determined:
Building Rules consent is applicable to all development where building work is involved unless exempted by the Regulations. Each proposal is assessed with regard to its conformity with the technical requirements of the Building Rules by either the relevant authority or private certifier.
An application for building consent is assessed against the technical requirements of the Building Code of Australia, South Australian Housing Code, Development Act, Development Regulations 1993 and other relevant standards to ensure structural adequacy.
When granting Building Rules consent the Building Department may assess an application on the following but is not limited to:
In accordance with Section 44 of the Development Act 1993, maximum penalties can be received of up to $120,000 for the following: