The Yorke Peninsula Council comprises the former District Councils of Central Yorke Peninsula, Minlaton, Yorketown and Warooka. The Yorke Peninsula Council takes in all of the Yorke Peninsula and encompasses many diverse land uses and characteristics. It contains areas of coastal, conservation, rural and tourism significance for South Australia.
The Yorke Peninsula Council Development Plan is a statutory development control document established under the Development Act 1993. The Development Plan aims to promote sustainable, orderly and economic development in line with the aims of the Yorke Peninsula Council.
The Development Plan specifies the Objectives and Principles of Development Control against which all development within the Council is assessed. These objectives and principles cover a range of social, environmental and economic matters including planning, building and environmental protection.
Reading a Development Plan
Before assessing an application against the provisions of the Development Plan, the “nature of development” must be determined for the proposed development. This is done by the relevant authority responsible for considering the application. The proposal must be considered against the requirements of the Development Act and associated Regulations to determine whether the proposal constitutes “Development” and is not identified as a “complying development” by the Regulations.
The basic steps in reading a Development Plan include:
- Determine zone and development type.
- If Complying development then check any complying development table for compliance. If Assessment on Merit then assess against the relevant provisions of the Development Plan. If Non Complying decide whether to proceed, if yes, then assess in accordance with the procedural requirements set out in the Act and Regulations for non-complying development.
- After following the procedural requirements for assessing a proposal that is for “on merit” or “non-complying” development, the Council (as the relevant authority) is responsible to make a decision on the development against the provisions of the Development Plan. This is generally a subjective process as most provisions within a Development Plan are descriptive and not prescriptive. It can be a balancing act attempting to determine whether a proposal is sufficiently consistent with the Development Plan as to warrant consent or not.
The Yorke Peninsula Council has many diverse characteristics from rural landscapes including general farming, viticulture and horticulture, to coastal environments, residential, commercial and industrial development as well as heritage places and buildings.
This diversity is reflected in the many zones contained within the Yorke Peninsula Council Development Plan, which aim to conserve and enhance these characteristics.
Development Plan Amendments (DPAs)
A DPA is a report that aims to make a change to the Development Plan to ensure the Development Plan is up to date and reflects the aspirations and aims of the community.
The DPA process includes:
- Council prepares a Statement of Intent and agreement is reached between the Council and the Minister.
- Council conducts studies and prepares a Development Plan Amendment.
- Council consults with relevant government agencies.
- Minister approves the placement of the DPA on public consultation.
- Council conducts public consultation.
- Council forwards proposed amendments to the Development Plan to the Minister. If the Minister agrees and authorises amendments, the Development Plan is amended and gazetted.
- Consideration by the Environment, Resources and Development Committee of Parliament with possible amendment or disallowance.
In some circumstances the Minister may grant an interim authorisation for a Development Plan Amendment at the same time as a DPA is released for public consultation. Usually this occurs for matters where delayed introduction of the amendments may defeat the purpose of the amendment.
Section 30 Strategic Directions Report
Section 30 of the Development Act requires that all Councils must carry out a periodic review of their Development Plan known as a Strategic Directions Report, at least every 5 years. The Yorke Peninsula Council completed its last Strategic Directions Report in February 2015.
Where can you obtain a copy?
A hard copy of the Yorke Peninsula Council Development Plan is available to be viewed at the front counter of the Maitland, Minlaton and Yorketown Council offices.
For any queries regarding the Yorke Peninsula Council Development Plan please contact Council’s Development Services Department on:
Maitland Office 08 8832 0000
Yorketown Office 08 8852 0200