Public consultation and Public Notice
The Planning, Development and Infrastructure Act 2016 (SA) and Planning and Design Code sets out the public notification process in relation to development applications. The public notification requirements under the new Act are significantly different from the public notification processes under the repealed Development Act 1993 (SA).
Following the full implementation of the new Planning, Development and Infrastructure Act 2016 (SA) in March 2021, there are 4 categories of development for the purposes of consultation and public notice. These categories are:
These categories are important because they determine if, and how information about a proposed development is made available to neighbours and other potentially interested persons. The categories of development also determine whether or not 'third party' (e.g. neighbour) appeals are possible. Any proposed changes to development policy are dealt with separately through the community engagement process – see ‘Community Engagement Charter’.
The following categories of development do not require public notification:
The following four categories of development do require public notification:
1. Code Assessed - Performance Assessed (Notification required) Development [s 107]
Performance assessed developments that require public notification must notify:
Where an Environmental Impact Statement (EIS) has been prepared, all interested persons are able to make a written submission on the development’s EIS. Information about making a written submission is available on the 'PlanSA- How to have your say' website (opens new window).
2. Impact Assessed - Restricted Development [s 110]
Restricted developments lodged under Section 110 of the Planning, Development and Infrastructure Act 2016 (SA) must notify:
All interested persons have the right to submit a representation about a restricted development application.
3. Impact Assessed (by Minister) Development [s 110]
Impact assessed (by Minister) lodged under Section 111 of the Planning, Development and Infrastructure Act must notify:
All interested persons are able to make a written submissions, and additional consultation may be undertaken.
See also 'Environment Impact Statement'.
4. Crown Development [s 130, s 131]
Crown developments lodged under Section 130 or 131 of the Planning, Development and Infrastructure Act 2016 (SA) must go on public notice if the development has a cost exceeding $10 million. Crown developments must notify:
All interested persons have the right to submit a representation about a crown development application. Information about making a written submission is available on the 'PlanSA- How to have your say' website (opens new window).
Following the public notification and consultation process, there are some instances where people are granted appeal rights under the Planning, Development and Infrastructure Act 2016 (SA).
Accepted/Code Assessed (Performance Assessed) development
An owner or occupier of a development site, or adjacent land, who can demonstrate a relevant interest in the matter, can appeal as to the nature (categorisation) of the development.
Restricted development (set out in Planning and Design Code)
A person who has submitted a representation (within the notification period) in relation to an application for Restricted development (set out in Planning and Design Code) will have a third party right of appeal if they are unhappy with the decision of the relevant authority.
Impact Assessed (Non- Restricted) Development
There is no third party appeal process for Impact Assessed (Non-restricted) development. However in accordance with the Community Engagement Charter there are avenues for community consultation about all significant development proposals of this size and complexity (i.e. major developments), and these are determined by the Minister. See also 'APPEALS' generally.
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