Categories of Development and Assessment Pathways

Where a proposed development is assessed, different rules and guidelines will apply depending upon whether the development is described as:

Further information about assessment pathways is available on the Plan SA - Assessment Pathways webpage (opens new link).

1. Exempt Development

An exempt development does not require development assessment or approval. The types of development that are considered ‘exempt’ development are set out in the regulations or in the Planning and Design Code.

It includes minor residential developments which homeowners commonly undertake to improve their properties. Examples include sheds up to 15 square metres in area (with some conditions), pergolas (with some conditions, including not having a hard roof, decks no more than 50cm above the ground (with some conditions), shade sails to 20 square metres and not higher than 3 metres (with some conditions), water tanks not exceeding 60,000L in volume (with some conditions), roller doors (with some conditions) and fences to 2.1 metres in height (with some conditions).

Exempt development applies in most areas of South Australia except for Flood zones, the Hills Face Zone and heritage areas.

2. Accepted Development

Development falls within the category of accepted development if it is classified by the Planning and Design Code or the regulations as ‘accepted development’ [Planning, Development and Infrastructure Act 2016 (SA), s 104(1)].

Accepted development does not require planning consent, and includes minor and standard applications which do not require planning approval, or may only require Building Consent. See 'Building Consent - Complying Building Work' below.

Accepted developments that require Building Consent are assessed by local councils or a private building certifier.

Examples of accepted development include:

The accepted development category applies in most areas of South Australia with exceptions including Flood Zones, the Hills Face Zone and heritage areas.

If it is determined that an application falls within the category of accepted development, the assessing authority (local council or private building certifier) must advise the applicant within 10 business days after receiving the application.

If the relevant authority fails to provide a determination within the time frame prescribed by the regulations, the applicant may issue a Deemed Planning Consent Notice that states that planning consent should be granted. See ‘Deemed Planning Consent Notice'.

[Planning, Development and Infrastructure Act 2016 (SA), s 125(2)].

Building Consent - Complying Building Work [s 118]

Complying building work (as a form of accepted development) essentially provides for a tick-box assessment of proposed building work against a set of criteria. Building consent will be granted if the proposal is listed as complying in either the Building Rules or Schedule 7 of the Planning, Development and Infrastructure (General) Regulations 2017 [see also Planning, Development and Infrastructure Act 2016 (SA) s 118(1)] and is in a zone where complying building work applies and meets all the required standards.

If the Planning, Development and Infrastructure (General) Regulations 2017 (SA) provide that a form of building work complies with the Building Rules, then that building work must be granted building consent [see s 118(1) Planning, Development and Infrastructure Act 2016 (SA)].

The regulations set out the types of building work (and some conditions) that may meet the criteria to be granted building consent under s 118 of the Act [see Schedule 7 of Planning, Development and Infrastructure (General) Regulations 2017].

The types of building works that may qualify for building consent under s 118 of the Act include:

The presumption of building consent does not apply to building work that affects a State heritage place, or building work that is excluded by the provisions in Schedule 7 [see r 28(2) Planning, Development and Infrastructure (General) Regulations 2017 (SA)].

Where there is inconsistency between the Building Rules and the Planning Rules in relation to a State or local heritage place, the Planning Rules prevail and the Building Rules do not apply to the extent of the inconsistency [s 118(6) of the Act]. However, the relevant authority must ensure, as much as is practicable, that the building standards reached are as good as can be reasonably achieved in the circumstances [s 118(6(b)].

At completion of the building works, a Certificate of Compliance certified by a building certifier must be provided to the relevant authority. The Certificate of Compliance is considered sufficient proof that the building work complies with the Building Rules [Planning, Development and Infrastructure Act 2016 (SA) s 118(8)].

3. Code assessed development

Code Assessed development refers to development that is assessed on its own merit, having regard to the objectives of the planning policies and the provisions of the Planning and Design Code [s 105(a), Planning Development and Infrastructure Act 2016 (SA)]

Once assessed against the Planning and Design Code, Code Assessed Development will be sub-categorised as either:

or

Deemed-to-satisfy development [s 105(a), s 106]

A ‘deemed-to-satisfy- development’ replaces the old development category of Complying Development under the old Development Act 1993 (SA).

For example, standard developments like a detached house in a residential zone will be fast tracked through the approval process as a ‘deemed-to-satisfy’ development.

Deemed-to-satisfy development applications are assessed against the provisions of the Planning and Design Code by an Accredited Professional or an Assessment Manager.

There are no public notification requirements for Deemed-to-satisfy developments.

Performance Assessed Development [s 105(b); s 107]

Performance Assessed Development applications are assessed against the provisions of the Planning and Design Code. While standard developments are fast tracked through the ‘deemed-to-satisfy’ assessment process, more complex development (i.e. a multi-storey building) will be subject to more in depth performance based assessment.

Performance Assessed Development applications are assessed by an Assessment Manager, Assessment Panel, or the State Planning Commission.

There are public notification requirements for Performance Assessed Development applications. Unless an exemption is provided under the Planning and Design Code or Practice Direction from the Minister, notification of performance assessed development applications must be given to adjacent land owners. A notice or sign outlining the development must be displayed on the land.

Under the Planning, Development and Infrastructure (General) Regulations 2017, the assessing authority must advise the applicant within 25 business days after receiving the application [r 53(b)]. The 25 business days is comprised of 5 days to verify the assessment, with 20 days to undertake the assessment).

The time frame for assessment of the performance assessed development application is extended where:

If the relevant authority fails to provide a determination within the time frame prescribed by the regulations, the applicant may issue a Deemed Planning Consent Notice that states that planning consent should be granted. See ‘Deemed Planning Consent Notice'.

[s 125(2) Planning, Development and Infrastructure Act 2016 (SA)].

4. Impact assessed development [s 108]

Development falls within the category of impact assessed development if:

[see s 108 Planning, Development and Infrastructure Act 2016 (SA)].

Examples of impact assessed development includes broad scale or major developments like major infrastructure or industrial scale developments(i.e. a new port, a metal foundry, a marina of more than 100 berths, a wind farm in marine waters etc.)

Impact assessed development are subject to Environmental Impact Statement, and full analysis of the environmental, economic, social impact is required, along with assessment of how those impacts will ne managed by the developer.

Impact assessed development includes restricted development defined under the Planning and Design Code. Whether or not a development is to be assessed as a restricted development is determined by the State Planning Commission [s 110(1) Planning, Development and Infrastructure Act 2016 (SA)].

Impact Assessed - Restricted Development [s 110]

Restricted developments are assessed by the State Planning Commission (or a delegated authority) against the provision of Practice Directions (issued by the State Planning Commission) and the Planning and Design Code. The State Planning Commission is not bound by the provision of the Code in making an assessment of restricted development but may be guided by the provisions of the Code.

Examples of restricted development include a shop in a residential zone, or a winery in a water protection area. Public notification of restricted development applications must be:

[see reg 47, Planning Development and Infrastructure (General) Regulations 2017 (SA) and s 110(2)(a), Planning, Development and Infrastructure Act 2016 (SA)].

An person may make submissions to the State Planning Commission in relation to the granting or refusal of planning consent for a restricted development. Submissions to the SPC must:

The ordinary course of postage will be taken to be 4 business days from the day on which the notice is sent [reg 50(2), Planning Development and Infrastructure (General) Regulations 2017 (SA)].

A person who makes a submission to the State Planning Commission within the notification time-frame will have a ‘third party’ right of appeal if they are unhappy with the decision. See 'Appeals' generally.