The Planning, Development and Infrastructure Act 2016 (SA) provides that 'no development may be undertaken unless the development is an approved development' [s 101]. However, not all acts or activities in relation to land are regarded as development, and not all development requires a formal approval. Accordingly, it is important to understand the legal meaning of the word development.

Development is defined in the Planning, Development and Infrastructure Act 2016 (SA) [s 3] in very wide terms and it includes building work, a change in the use of land, tree-damaging activities in relation to a regulated tree, excavating or filling land and land division. Building work includes construction as well as the demolition or removal of a building. A change in the use of land constitutes development, even if no building work is undertaken. For example, changing the use of a house from a residence to a restaurant or doctor's surgery falls within the legal definition of development. The legal definition of land under the Planning, Development and Infrastructure Act 2016 (SA) includes land covered with water, so things like permanently moored houseboats and pontoons fall within the definition of development.

Development also includes acts or activities which are declared by the Planning, Development and Infrastructure (General) Regulations 2017 (SA) to constitute development [reg 3B and Schedule 3]. There are also exclusions from the definition of development in the Planning, Development and Infrastructure (General) Regulations 2017 (SA) [regs 3C, 3CA, 3CB and 3D, Schedules 4, 4A and 5].

Seek advice from your local council about your plans to determine whether formal development approval is necessary.