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High time for SCAP deliberation access

On Wednesday 27 November 2019 the Upper House passed the Planning, Development and Infrastructure (Transparency) Amendment Bill. The Bill seeks to provide greater transparency to the decision making process of the State Commission Assessment Panel (SCAP), the delegated planning authority responsible for assessing some of the most significant development applications in the State.   The […]

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Councils obliged to accept decisions of private certifiers – Cairo v Norwood, Payneham & St Peters [2018] SAERDC 11

The ERD Court has ruled that councils are obliged under the Development Act to accept planning consents and building rules consents issued by private certifiers.   Mr Cairo obtained development plan consent from a private certifier for existing works that were, in the opinion of the certifier, Residential Code complying alterations to two semi-detached dwellings. […]

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New Guidelines for Clearing Native Vegetation

The Native Vegetation Council has adopted new policies and guidelines and is consulting on further guidelines as part of the recent changes to the Native Vegetation Regulations 2017 which came into effect on 1 July.   New offsetting policy and guidelines   The NVC has produced a new policy about and new guidelines for calculating […]

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Council joined to appeal of DAC decision – Barrio Developments Pty Ltd v Development Assessment Commission [2017] SAERDC 21

In a recent decision the Environment, Resources and Development Court has joined a Council to an appeal by a developer against a decision of the Development Assessment Commission.   In Barrio Developments Pty Ltd v Development Assessment Commission, the Appellant (Barrio) was appealing the decision of the Commission to refuse consent to its proposal for a staged […]

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Boundary realignment or additional allotment? – Fiora v Development Assessment Commission

The Full Court of the Supreme Court has considered the nature of development in a proposed land division in the recent case of Fiora v Development Assessment Commission [2017] SASCFC 52.   The appellant applied for development plan consent for a proposed reconfiguration of eight allotments in a Watershed (Primary Production) Zone at Verdun.   The application […]

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Conquering the Realm of Uncertainty: Amendments to Res Code and private planning certification laws

The decision in Mundy[1] highlighted substantial uncertainty in the Development Regulations 2008 about the interpretation of the residential code (Res Code) provisions and the related role and powers of private planning certifiers.   Following Mundy, the State Government has introduced the Development (Residential Code) Variation Regulations 2016 (the Variations) which were gazetted on 8 December 2016 and came into operation on the […]

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