South Australian Consolidated Acts South Australian Consolidated Acts33—Matters against which development must be assessed
(1) A development is
an approved development if, and only if, a relevant authority has assessed the
development against, and granted a consent in respect of, each of the
following matters (insofar as they are relevant to the particular
development):
(a) the
provisions of the appropriate Development Plan ("development plan consent );
(b) the
provisions of the Building Rules ("building rules consent );
(c) in
relation to a proposed division of land (otherwise than under the Community
Titles Act 1996 or the Strata Titles Act 1988 )—the
requirement that the following conditions be satisfied (or will be satisfied
by the imposition of conditions under this Act):
(i)
the allotments resulting from the division may be
lawfully used for the purposes proposed by the applicant;
(ii)
open space will be provided, or a payment will be made in
accordance with the requirements imposed under this Act;
(iii)
adequate provision is made for the creation of
appropriate easements and reserves for the purposes of drainage, electricity
supply, water supply and sewerage services;
(iv)
the requirements of the South Australian Water
Corporation relating to the provision of water supply and sewerage services
are satisfied;
(iva)
where land is to be vested in a council or other authority—the council
or authority consents to the vesting;
(v)
requirements set out in regulations made for the purposes
of this provision are satisfied;
(d) in
relation to a division of land under the Community Titles Act 1996 or the
Strata Titles Act 1988 —the requirement that the following
conditions be satisfied (or will be satisfied by the imposition of conditions
under this Act):
(i)
each lot or unit that would be created or affected by the
development is appropriate for separate occupation;
(ii)
any encroachment of a lot or unit over other land has
been dealt with in a satisfactory manner;
(iii)
where land is to be vested in a council or other
authority—the council or authority consents to the vesting;
(iv)
a building or item intended to establish a boundary (or
part of a boundary) of a lot or lots or a unit or units is appropriate for
that purpose;
(v)
the division of the land in the proposed manner is,
having regard to the relevant Development Plan, appropriate;
(va) the
division of land under the Community Titles Act 1996 or the Strata
Titles Act 1988 is appropriate having regard to the nature and extent of
the common property that would be established by the relevant scheme;
(vi)
open space will be provided, or a payment will be made in
accordance with the requirements imposed under this Act;
(vii)
the requirements of the South Australian Water
Corporation relating to the provision of water supply and sewerage services
are satisfied;
(viia)
any building situated on the land complies with the Building Rules;
(viii)
requirements set out in the regulations made for the
purposes of this provision are satisfied;
(e) the
requirement that any encroachment of a building over, under, across or on a
public place (and not otherwise dealt with above) has been dealt with in a
satisfactory manner;
(f) such
other matters as may be prescribed.
(2) An application may
be made for all or any of the consents required for the approval of a proposed
development, or for any one or more of those consents.
(3) A
relevant authority may, in granting a development plan consent, reserve its
decision on a specified matter until further assessment of the relevant
development under this Act.
(4) A development will
be taken to be an approved development when all relevant consents have been
granted and a relevant authority has, in accordance with this Act, indicated
that the development is approved.
(4a) The regulations
may exclude prescribed classes of development from the operation of
paragraph (a) of subsection (1) (so that an assessment against the
Development Plan and a development plan consent that would otherwise be
required under that paragraph need not be undertaken, sought or obtained).
(4b) If—
(a) a
development only requires an assessment under paragraph (b) of
subsection (1); and
(b) a
council—
(i)
is the relevant authority; and
(ii)
is to make the assessment under that paragraph; and
(c) the
council determines to grant consent under that paragraph,
the council, as the relevant authority, must issue the relevant development
approval with the consent.
(5) The provisions of
the Building Rules that are relevant to the operation of
subparagraph (viia) of paragraph (d) of subsection (1) are the
provisions of the Building Rules as in force at the time the application is
made for consent in respect of the matters referred to in that paragraph.