Under the Act, there are several designated authorities who are responsible for assessing development and planning applications.

Relevant authorities

Under the new Planning, Development and Infrastructure Act 2016 (SA), a number of ‘relevant authorities’ will be able to make decisions about development and planning applications. These ‘relevant authorities’ include:

The Minister for Planning and Local Government

The Minister for Planning (or a delegate) is primarily responsible for assessing major development applications for infrastructure in South Australia. These include development associated with power, water, waste, education and ports (sea and air). A list of current major development projects in South Australia is on the Plan SA – Major projects webpage (opens new window).

The State Planning Commission (SPC)

Under the Act the State Planning Commission (SPC) was established as South Australia’s main planning and development assessment authority [s 17, s 22 Planning, Development and Infrastructure Act 2016 (SA)]. No members of parliament or local government may sit on the State Planning Commission. The State Planning Commission is comprised of experts from economics, urban design, construction, social and environmental policy and public administration [s 18(2)] to promote transparency and accountability for planning decisions, outside of political influence.

The State Planning Commission is responsible for assessing applications for restricted development outside of local council areas, or as directed by the Minister from time to time. The State Planning Commission may also prepare state planning policies to establish South Australia’s long term planning and development goals and requirements.

The State Planning Commission is responsible for establishing the State Commission Assessment Panel. The State Commission Assessment Panel (SCAP) has various functions and duties, including:

Assessment Panels

The SPC may also establish other assessment panels [s 29(1)(a)], specialised assessment panels [s 82] or specialised committees [s 29(1)(b)] to assist in making decisions on complex development.

There are different types of assessment panels:

Building Technical Panel

The Building Technical Panel is a committee of four qualified individuals, with experience in building design, construction, engineering services, surveying and fire safety operations. The panel is authorised to perform some functions of the State Planning Commission, including:

The Building Rules are used to assess development applications were building work is required.

Joint Planning Board [s 35, s 36]

After seeking approval from the State Planning Commission (SPC) the Minister may enter a planning agreement in relation to development relevant to a specific area of South Australia (s 35(1)). The planning agreement may be between the Minister and:

In connection to the planning agreement, the Minister may establish a joint planning board [s 36]. The joint planning board oversees the implementation of the planning agreement, and may establish specific committees to assist with carrying out the objectives of the planning agreement [s 38]. The joint planning board can be abolished by the Minister if the planning agreement is terminated [s 36(3)].

Assessment Managers

Each assessment panel or committee is managed by an Assessment Manager, who is a professional member of the development industry and has technical skill and expertise to advise and coordinate the Assessment Panel.

Complaints

Complaints against assessment panels must be lodged with the State Planning Commission. Complaints should be lodged within six months of when the incident is believed to have occurred. More information about complaints can be found on the SA Planning - Complaints About Assessment Panels webpage (opens new window).

Accredited Professionals

The Planning, Development and Infrastructure (General) Regulations 2017 (‘the regulations’ set out certain Accredited Professionals [r 22, r 25]). Examples of accredited professionals who are permitted to assess some development applications include assessment managers, some planning officers, surveyors and independent technical experts.

Examples of development applications that may be assessed by an Accredited Professional include (but not limited to) developments that:

Councils

Local Councils are the relevant authority for making decisions about certain building-related development applications. Otherwise, a council-appointed assessment panel and assessment manager is the relevant authority for development applications within that Council zone. The Council Assessment Panel (CAP) is appointed by local council, and replaces the council’s Development Assessment Panel under the old Development Act 1993 (SA).

The CAP and assessment manager are considered a relevant authority in their own right and are not considered a delegate of the Council. Council areas are defined under the Local Government Act 1999 (SA). For more information on local councils generally, see the ‘Local Government’ section of the Law Handbook.

Development applications that may be determined by Council, the Council Assessment Panel or Assessment Manager include: