The Development Act 1993 requires that no development can be undertaken unless it has the approval of the relevant planning authority, which in most cases is Council. This means that any construction, alteration, addition or demolition of a building or structure, a change in the current use of the land, or anything which modifies a designated heritage item constitutes development and therefore requires formal Development Approval.
Certain minor activities or building work are excluded by Regulation from this definition and are thereby exempt from the need to seek approval. In these instances you should always contact the Council to clarify the position.
At least two copies of plans/specifications must be forwarded with the application and fees must be paid upon lodgment at the Council office.
An application must be lodged every time you wish to undertake development. Development is defined in the legislation and refers to a wide range of activities associated with building work, changes in land use, advertising displays, and land and strata division. It can be a quite simple domestic structure or a complex major commercial project, but an application is necessary in either case.
Some forms of minor activity and structures are actually excempt from this definition of development and consequently do not require approval. These, however, are the exception rather than the rule and the situation can change depending upon geographic location or the actual nature of work being undertaken. As a general rule, any struture that is within the prescribed setback distances, or more than 10 square metres in area, or over 2.5 metres in height, or has a span greater than 3 metres, or adjoins an existing building, calls for an application.
The best way to find out if you need an approval for your proposal is to inquire at the Council office and seek clarification as to what may be involved.
Approval for Development Applications not requiring approval by the Development Assessment Panel usually take up to 3 weeks to process (providing that required information has been submitted).
Applications that do not fall within the guidelines may be submitted to the Development Assessment Panel at the discression of the Senior Development Compliance Officer. Meetings of the Panel occur once a month in the Council Chambers. The public are welcome to attend the meetings.
Non-complying developments or Category 2 or 3 developments require Council to undertake public consultation and may take up to 3 months for approval.
To view council's development plan please click here.
PLANNING & DESIGN CODE
The Planning and Design Code will replace every Council’s Development Plan on 1 July 2020. The new Code will bring significant change to the way new development proposals are handled and the type/scale of development that is allowed in certain areas.
The Planning and Design Code is a State Government initiative and more information on this can be found at:
- Main Website: www.saplanningportal.sa.gov.au
- Code Hotline: 1800 318 102
- Email enquiries: DPTI.PlanningReform@sa.gov.au
- Email address for submissions (if unable to use online form): DPTI.PlanningReformSubmissions@sa.gov.au
NOTE: The process of change to the planning system is under the control of the Department of Planning, Transport & Infrastructure (DPTI) and the State Planning Commission.
The planning system is currently undergoing significant change, initiated by the State Government. These changes will impact Council and our community in a number of ways, including:-
- the introduction of a single development plan for the whole State which will replace existing individual Council development plans. It will be called the Planning and Design Code.
- a more standardised approach – the Planning and Design Code will substantially reduce the total number of planning zones across the State;
- Council will no longer be a decision-maker in developing and applying planning policy, but rather will be an influencer of State Government;
- the SA Planning Portal will be a “one-stop-shop” for information, online services (including lodging applications) and community participation in the planning system – this will be managed by the State Government; and
- new development assessment pathways will be introduced, with the aim of streamlining the assessment process.
Implementation of the Planning and Design Code to replace the current Kingston District Council Development Plan - 1 July 2020.
Tax Implications for Development
For every property transaction you make, there may be a tax consideration.
To determine your GST obligations, refer to the, GST and Property Guide at www.ato.gov.au