All developments, including the alteration or construction of a building, a structure or a road, a change of land use or the subdivision of land, require the consent of either the local council or the Development Assessment Commission. A person who objects to a proposed development may be able to make a written objection. The objection can be based on such issues as traffic flow, loss of character of the area, car parking or over-shadowing. Although no-one has an absolute right to continue to enjoy such benefits such as uninterrupted sunlight or easy street parking, any detrimental effect on neighbours is a relevant consideration for the authority considering the proposal. A person who wants to object should ask the council for a copy of the Supplementary Development plan for the area which sets out the factors council must consider before approving a proposal.
If consent is given in spite of the objections the objector can appeal in writing to the Environment, Resources and Development Court against the consent within fifteen days. There is also a further appeal to the Supreme Court if an appeal fails. This must be lodged within thirty days, see Local Government and Planning, Appeals.
Where a neighbour persists with an activity in contravention of planning requirements and the council will not take action to prevent this illegal use, any citizen may complain to Ombudsman SA that the council will not do its duty. All complaints about local councils or Government departments may be referred to Ombudsman SA.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.