Changes to South Australia’s Planning System from State Government
Currently, Council assesses all development applications and enquiries under the 1993 Development Act, the 2008 Planning regulations and its own Wattle Range Council Development Plan (consolidated February 7, 2013)
As of July 31, 2020, the above legislative instruments will cease and on August 1, 2020, the 2016 Planning, Development and Infrastructure Act will be ‘turned on’ along with the subsequent Planning and Design Code.
Any applications or enquiries submitted from August 1, 2020 will be assessed under this new legislation which may have different zoning rules, requirements, planning considerations and planning pathways to the previous system. However, any applications that are formally lodged prior to August 1 will still be assessed under the 1993 Development Act and 2008 Planning Regulations.
The Planning and Design Code (the Code) is the cornerstone of South Australia’s new planning system. The Code will replace all development plans from every SA Council to become a single, State-Wide consistent source of planning policy for assessing development applications across the state.
DPTI have released a guide to assist everyone in the changes of legislation and processes.
Online Applications through the ePlanning Portal:
Along with the new planning system, a State-Wide ‘ePlanning portal’ will be rolled out. Essentially applications are no longer physically lodged with Council but you (or your builder) will now upload your application online anytime through your computer, phone or tablet.
Applicants will also be able to track and monitor the progress of their application, pay fees and receive information requests from accredited planning and building officers, for planning and building information.
The e-planning portal will also be South Australia’s planning hub for the community for planning information, mapping programs and checklists to help determine if a development even requires approval.
For further information on the Planning, Development and Infrastructure Act, the Planning and Design Code or ePlannning Portal, visit www.saplanningportal.sa.gov.au/
Flyers from DPTI
Video Tutorials from DPTI
If you intend on undertaking “development” then you may require Development Approval. Development approval is required to ensure that the development is consistent with the local policy envisaged for the area which is set out in the Wattle Range Council Development Plan.
Development Approval is a legal requirement which has been put into place to protect individuals, the community and the environment. Development can affect you, your neighbour and the community now and in years to come. Undertaking development without approval is illegal and potentially dangerous.
Some examples of development are:
- building or extending a house
- shed or garage
- dependant accommodation/Granny flat
- retaining wall
- fence over 2.1m high
- swimming pools
- significant tree pruning or removal
- change of use of land
A Development Application has three consents pursuant to the Development Act 1993. The three consents being Development Plan Consent (planning consent), Building Rules Consent (building consent) and Land Division Consent. Most applications will require both planning consent and building consent in order to obtain Development Approval. No development work can commence on site until Development Approval has been granted.
The type of consent needed depends on the type of development.
Development Plan Consent (planning consent):
- Development that may impact on others or of an area generally requires Planning Consent eg. new homes, changing use of a premises eg. from an office to a shop, or changing the use of land eg. from pasture to vineyards.
- Planning Consent is dealt with by a planner who assesses the application against the Development Plan, the Development Act and the Development Regulations.
Building Rules Consent:
- Development that involves construction of buildings and structures generally requires Building Rules Consent eg. building a house, garage or other building.
- Building Consent is dealt with by a building surveyor who assesses the application against the technical requirements of the Building Code of Australia or the South Australian Housing code and other relevant Australian standards.
- In general this covers issues such as:
- Structural adequacy
- Fire Safety
- Health and amenity
- Equitable access for people with disabilities, and
- Energy efficiency.
Building consent can be issued by either Council or a “private certifier”. A private certifier is an independent practitioner registered by the State Government to carry out Building Rules Consent assessment of applications and issue Building Rules Consent.
Land Division Consent:
- Development that involves the movement of boundaries between properties eg. the amalgamation or creation of new allotments, generally requires Land Division Consent.
- Land Division Consent is dealt with by a planner after referring the application to other professionals for assessment such as transport and civil engineers.
- Land Division Consent is assessed by both the State Government and the local Council.
Development Applications are dealt with under delegated authority by Council Officers. However, some Development Applications require referral to the Council Development Assessment Panel (CDAP) for a decision to be made. Some applications may require public notification (advertising) and/or consultation with various Government Authorities. Before undertaking any development, please discuss your intentions with Council. If you are required to lodge a Development Application, time and money can be saved if you are thoroughly prepared.
Lodging an Application?
A form is available from the Council office or download here.
Development Application Form(246 kb)
What Information Do I Need To Submit To Council?
For Planning Consent three copies of the following are required:
- A site plan showing – all boundaries of the site and their measurements, a north point, scale (please use a common scale such as 1:100, 1:200 etc), any easements on the land, location of all current buildings on the allotment, location of all proposed buildings and structures, dimensions identifying setbacks of any new structures to the property boundary, proposed and existing driveways, location of existing vegetation, and other details relevant for assessment of the application
- Building floor plan to an appropriate scale (such as 1:100 or 1:200) with dimensions
- Building elevations to an appropriate scale (such as 1:100 or 1:200) with dimensions
- Details of proposed materials and finishes
- A copy of the Certificate of Title
For Building Rules Consent - if not by Private Certification, two copies of the following are required:
- Footings and other structural plans, drawn to scale no less than 1:100;
- The extent of any excavation or filling to be carried out on the site;
- Any other necessary technical details drawn to scale of no less than 1:20.
- Building Specifications including a description of materials and proposed standard of the work.
- Truss Manufacturer Specifications including the “producers statement”, noting that all documents within the manufacturers specification must be signed by the truss designer.
- Glazing certifications or energy efficiency calculations (software generated 6 Star Rating).
- Soil classification report or details of any foundation investigations that have been carried out on the site. Note: for new dwellings and substantive developments a soil classification must be carried out by a suitably qualified and experienced Geotechnical Engineer.
- Any engineering certifications, calculations or reports that show the building work will comply with the Development Act/Regulations and Building Code of Australia. These may include certification for: stormwater design, structural design, retaining walls, steel framing etc, and as determined by Council.
- Wet area details
- Indemnity insurance for domestic builders if building costs exceed $12,000
- Construction Industry Training Building Levy (State Government Levy) for development costs exceeding $40,000.
Guide for the Lodgement of Development Applications(388 kb)
Waste Water Application(42 kb) is also required should there be any alteration to any wet areas or a new wastewater system is required.
How Much Will It Cost?
The cost of a Development Application varies greatly depending on the type of development and the scale of the development. Fees are based on the total development cost of the building work (excluding fit out costs) and include GST. Fees are also based on the amount of area (in square metres) that you will be building depending on the type of building that you are proposing to construct.
The Development Application Fees schedule can be found in the Development Application Form(246 kb) and are set pursuant to the Development Act 1993.
Please Note: The fee schedule contains an abridged version of the complete Fees as listed in Schedule 6 of the Development Regulations 2008. Further application fees may apply in some cases.
The fees will be worked out for you when you lodge your application at the Council.
For further information on this or any other issue please contact Council:
Telephone: (08) 8733 0900
Postal: PO Box 27, MILLICENT SA 5280