Under the Planning, Development and Infrastructure Act 2016 (SA), there are several designated authorities who are responsible for assessing development and planning applications [s 82].

Relevant authorities

Part 6 of the Act defines the ‘relevant authorities’ that are able to make decisions to grant or refuse approval to a development. These ‘relevant authorities’ include:

Minister for Planning

The Minister for Planning can grant or refuse a planning consent or land division consent for an impact assessed development (previously called a major project), Crown development proposed by a state government agency, or essential infrastructure.

A list of current impact assessed developments in South Australia is on the Plan SA webpage.

State Planning Commission

The State Planning Commission (SPC) was established on 1 April 2017 as South Australia’s main planning and development assessment authority [s 17, s 22]. No members of parliament or local government may sit on the SPC. The SPC is comprised of experts from economics, urban design, construction, social and environmental policy and public administration [s 18(2)] to promote transparency and accountability for planning decisions, outside of political influence.

The SPC is responsible for assessing applications for restricted development outside of local council areas, or as directed by the Minister from time to time. The SPC also prepares state planning policies to establish South Australia’s long term planning and development goals and requirements [s 58].

On 1 August 2017, the SPC established the State Commission Assessment Panel and delegated its development assessment function to it. The State Commission Assessment Panel (SCAP) has various functions, powers and duties, including:

Assessment Panels

The SPC may also establish other assessment panels [s 29(1)(a)], specialised assessment panels [s 82] or specialised committees [s 29(1)(b)].

There are different types of assessment panels [Part 2, Division 6]:

Assessment panels are the relevant authority for planning consent that requires public notification or building consent. Assessment panels can grant or refuse planning consent to performance assessed development that is publicly notified and can grant or refuse building consent to all development but must seek the advice of an accredited building professional before making its decision. They may also refer the assessment of the development in respect of the Building Rules to the relevant council or require that assessment to be done by a building certifier [s 99(1)].

Complaints

Complaints against assessment panels must be lodged with the State Planning Commission. Complaints should be lodged within six months of when the incident is believed to have occurred. More information about complaints is available on the PlanSA - Complaints About Assessment Panels webpage.

Assessment Managers

Each assessment panel or committee is managed by an Assessment Manager, who is a professional member of the development industry and has technical skill and expertise to advise and coordinate the Assessment Panel. The assessment manager is considered a relevant authority in their own right and are not considered a delegate of the Council.

Assessment Managers have obligations when participating on an assessment panel which are outlined in the PlanSA's factsheet (PDF download, 279 KB).

Accredited Professionals

The Accredited Professionals Scheme began on 1 April 2019 and requires planners, building certifiers, land surveyors and other industry professionals to become accredited to assess and make decisions regarding development applications, based on their level of accreditation. The accreditation levels are based on the professional's qualifications, skills and experience. There are four classes of planning accreditation as well as a class for surveyors under the Accredited Professionals Scheme. There are four classes of building accreditation [Planning, Development and Infrastructure (Accredited Professionals) Regulations 2019 (SA) reg 5]. The activities that can be carried out depends on the professional's level of accreditation.

More information about this scheme is available on the PlanSA webpage.

The names and details of accredited professionals are kept in a public register [reg 24] which can be searched on the PlanSA webpage.

More information about accredited professionals is available on the PlanSA webpage.

Councils

Councils are responsible for granting final approvals for development within its area. The majority of development application decisions are made by local councils. For more information about local councils generally, see the ‘Local Government’ section of the Law Handbook.

The Council Assessment Panel (CAP), appointed by a Council, operates separately from Council but assists it with the assessing and making decisions on applications that require public notice.

Building Technical Panel

The SPC established the Building Technical Panel (BTP) under the Act [s 29(1)(c)]. The BTP is a committee of four qualified individuals, with proven abilities and experience in performance based design, building and construction, engineering services, surveying and fire safety operations and is authorised to perform delegated building-related statutory functions and other functions of the SPC. It provides:

The Building Rules are used to assess development applications were building work is required.

More information about the BTP is available on the SPC website.

Joint Planning Board

After seeking or receiving advice from the SPC, the Minister for Planning may enter into a planning agreement in relation to development relevant to a specific area of South Australia [s 35(1)]. The planning agreement may be between the Minister and:

In connection with the commencement of a planning agreement, the Minister must establish a joint planning board to administer the agreement [s 36].

The joint planning board oversees the implementation of the planning agreement, and may establish specific committees and subsidiaries to assist with carrying out the objectives of the planning agreement [s 38, s 39]. The joint planning board may delegate any of its functions or powers [s 40].

The joint planning board can be abolished by the Minister if the planning agreement is terminated [s 36(3)].

More information is available on the PlanSA website.