South Australian Consolidated Acts South Australian Consolidated Acts (1) Development Plans
will be prepared and published for the purposes of this Act.
(2) A Development Plan
may relate to any geographical part of the State (but no more than one plan
may relate to a particular part of the State).
(3) A Development Plan
should seek to promote the provisions of the Planning Strategy and may set out
or include—
(a)
planning or development objectives or principles relating to—
(i)
the natural or constructed environment and ecologically
sustainable development;
(ii)
social or socio-economic issues;
(iii)
urban or regional planning;
(iv)
the management or conservation of land, buildings,
heritage places and heritage areas;
(v)
management, conservation and use of natural and other
resources;
(vi)
economic issues;
(vii)
the provision of affordable housing within the community;
(b)
provisions enabling the transfer of development rights between sites;
(c)
material prescribed by the regulations;
(d) such
other material relating to planning or development as may be appropriate.
(3a) A
Development Plan may, in setting out objectives or principles under
subsection (3)(a), describe the characteristics and other aspects of the
natural or constructed environment that are desired within the community in
order to provide clear directions with respect to development in the relevant
area.
(4) A Development Plan
may designate a place as a place of local heritage value if—
(a) it
displays historical, economic or social themes that are of importance to the
local area; or
(b) it
represents customs or ways of life that are characteristic of the local area;
or
(c) it
has played an important part in the lives of local residents; or
(d) it
displays aesthetic merit, design characteristics or construction techniques of
significance to the local area; or
(e) it
is associated with a notable local personality or event; or
(f) it
is a notable landmark in the area; or
(g) in
the case of a tree (without limiting a preceding paragraph)—it is of
special historical or social significance or importance within the local area.
(4aa) For the purposes
of subsection (4):
(a) a
place will be taken to be any place within the meaning of the
Heritage Places Act 1993 ; and
(b) a
designation of a place as a place of local heritage value may include any
component or other item, feature or attribute that is assessed as forming part
of, or contributing to, the heritage significance of the place; and
(c) the
Minister may, after seeking the advice of the South Australian
Heritage Council, develop or adopt guidelines that are to be used in the
interpretation or application of the criteria set out in that subsection.
(4a) A
Development Plan may—
(a)
declare a tree to be a significant tree if—
(i)
it makes an important contribution to the character or
amenity of the local area; or
(ii)
it is indigenous to the local area and its species is
listed under the National Parks and Wildlife Act 1972 as a rare or
endangered native species; or
(iii)
it represents an important habitat for native fauna; or
(iv)
it is part of a wildlife corridor or a remnant area of
native vegetation; or
(v)
it is important to the maintenance of biodiversity in the
local environment; or
(vi)
it is a notable visual element to the landscape of a
local area;
(b)
declare a group of trees to be significant trees if—
(i)
as a group they make an important contribution to the
character or amenity of the local area; or
(ii)
they are indigenous to the local area and, in respect of
each tree, its species is listed under the
National Parks and Wildlife Act 1972 as a rare or endangered native
species; or
(iii)
as a group they represent an important habitat for native
fauna; or
(iv)
as a group they form part of a wildlife corridor or a
remnant area of native vegetation; or
(v)
as a group they are important to the maintenance of
biodiversity in the local environment; or
(vi)
as a group they are a notable visual element to the
landscape of a local area,
(and the declaration may be made on the basis that certain trees located at
the same place are excluded from the relevant group).
(5) A Development Plan
may adopt, wholly or partially and with or without modification, any plan,
policy, standard, document or code prepared or published under this or any
other Act, or by a body prescribed by the regulations (either as in force at
the time the Plan is made or as in force from time to time).
(6) A Development Plan
is a public document of which a court or tribunal will take judicial notice,
without formal proof of its contents.
(7) A Development Plan
is created in the same manner as a Development Plan is amended (see
Subdivision 2).
Subdivision 2—Amendments to Development Plans