The Development Act 1993 establishes a legal structure for controlling the use and development of land throughout South Australia.
The types of activities that are defined as “development” and require Development Approval include:
- The construction, addition to, or alteration of buildings and structures (including signs);
- The demolition of buildings;
- A change in land use;
- Any internal or external alteration of a building;
- The division of land into allotments or community titles, or the adjustment of allotment boundaries (refer to Development Information Guide IS009 Land Division);
- Any work that could materially affect a State Heritage Place, including demolition, removal, conversion, alteration, addition or painting;
- Prescribed mining operations;
- Prescribed earthworks.
When is Development Approval required?
An application for Development Approval is required when you wish to undertake development.
Development Approval consists of the granting of one or more of the following consents:
- Development Plan Consent
- Building Rules Consent
- Land Division (Allotment) Consent
- Land Division (Community Title) Consent
- Public Space Encroachment Consent.
The number of consents required to obtain Development Approval depends on the nature of the proposed development.
Typically, for the construction, alteration or addition to buildings or structures, an application will be assessed against the provisions of the Yorke Peninsula Development Plan (Development Plan Consent) (available for download below) and the technical standards set out in the Building Code of Australia (known as Building Rules Consent). Collectively, these two consents amount to the formal Development Approval, which is required in order to proceed with the development proposal.
The approval is issued by the relevant authority, which generally will be the Council, or in special circumstances, the Development Assessment Commission (DAC), the State Government planning authority.
Please contact Council’s Development Services staff if any assistance is required in determining whether a proposal requires Development Approval.
No development can be commenced without written Development Approval.
Development Plan Consent
Development Plan Consent involves the assessment of the plans and associated information against the provisions of the Development Plan (refer to Development Information Guide IS008 Yorke Peninsula Development Plan).
It is important to understand that the purpose of this process is to ensure the development proposal:
- Results in the appropriate use of the land according to the relevant zone;
- Enhances and is in keeping with the environmental and visual qualities of the area;
- Is compatible with the orderly and proper planning of the area and compatible with surrounding development;
- Has minimal adverse impact of the form and character of the locality in which it is situated; and
- Respects the living conditions of nearby residents.
Building Rules Consent
Building Rules Consent involves the assessment of the submitted application details for compliance with the Development Act and Regulations, the Building Code of Australia and other relevant Australian Standards. In general, the Building Rules cover:
- Structural adequacy;
- Fire safety;
- Health and amenity; and
- Access for the disabled.
Either the relevant authority or a registered private certifier (a private certifier is an independent person who can assess and grant consent for a Building Rules application) can undertake the assessment. It should be noted that the issuing of Building Rules Consent by a private certifier does not mean that Council will automatically grant a Development Approval. There may be other matters such as encroachment over a public place, waste control system approval and stormwater disposal which have to be considered by the relevant authority before Development Approval can be issued.
For any queries regarding submitting a Development Application please contact Council’s Development Services Department on:
- Maitland Office 08 8832 0000
- Yorketown Office 08 8852 0200