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Changes to the Land Acquisition Act 1969 further curtail rights of land owners/occupiers

25 August, 202125 August, 2021

Recent changes to the Land Acquisition Act 1969 will, in some circumstances, seriously impact the rights of land owners and occupiers who are affected by an acquisition. The effect of the amendments is that, in some circumstances, the acquiring authority can determine the date it takes possession of the acquired land, without the need for […]

A quick guide to comparing the Development Act and the PDI Act

6 April, 20216 April, 2021

To save you time we have prepared a Code comparison table showing the differences between the Development Act 1993 and the Planning, Development and Infrastructure Act 2016 (PDI Act). If you would like a copy please email us at info@bllawyers.com.au

Commercial Leasing: Amendments to the COVID-19 Emergency Response Act 2020 (SA)

22 May, 202022 May, 2020

In early April, the Prime Minister announced that the National Cabinet had agreed to a common set of principles, to underpin and govern intervention to aid commercial tenancies. These principles became enshrined into the Mandatory Code of Conduct. The Code of Conduct imposes the following leasing principles: Landlords must not terminate leases due to […]

High time for SCAP deliberation access

16 December, 2019

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 […]

Amendment to rights of review under the Land Acquisition Act 1969

6 July, 2018

Parliament has recently amended a person’s initial rights of review under section 12A of the Land Acquisition Act 1969 and Land Acquisition Regulations 2004 by vesting the power to hear a section 12A review in the South Australian Civil and Administrative Tribunal (SACAT). Where a person receives notice that an Authority intends to acquire […]

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

27 February, 2018

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. […]

Environment Protection Orders – Retrospective requirement ruled out of order by Supreme Court

6 February, 2018

The Full Court of the Supreme Court decision in Environment Protection Authority v SA Morgan Pty Ltd [2017] SASCFC 164 considers the scope of an environment protection order (EPO) and the Environment Protection Authority’s other powers under the Environment Protection Act 1993. It deals with the limits of EPOs for remedial measures as distinct from […]

Major reforms to the Liquor Licensing Act passed by Parliament

16 November, 201716 November, 2017

Both Houses of Parliament have now passed the Liquor Licensing (Liquor Review) Amendment Bill 2017. The changes were mainly based on the review conducted by former Supreme Court Justice Tim Anderson QC, which were released last year. These amendments have two focusses; tougher laws in regards to the supply of alcohol to minors and […]

The Role of Valuers in Compulsory Acquisition Cases

18 October, 201719 October, 2017

Valuers are usually retained by a dispossessed owner or by the dispossessed owner’s lawyer early in the compulsory acquisition process. In fact, valuers very often become involved before the formal process has even commenced, when acquiring authorities approach the owners or occupiers of ‘targeted’ properties with a view to purchasing those properties outside the statutory […]

New Guidelines for Clearing Native Vegetation

25 July, 2017

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 […]

Native Vegetation Regulations 2017 – 1 July 2017

30 June, 20177 July, 2017

On 1 July 2017, the Native Vegetation Regulations 2003 are revoked and the new Native Vegetation Regulations 2017 commence. Major changes to the regulations include the adoption of a mitigation hierarchy as the guiding principle for all clearance activities, and the creation of four separate approval pathways for vegetation clearance. The bulk of the […]

Compulsory Acquisition – when can you and when can’t you claim?

23 June, 201726 June, 2017

Public works often disrupt and inconvenience nearby landowners and occupants. While most would be aware they can claim compensation if public works or purposes involve the compulsory acquisition of part or all of their land, there are less obvious scenarios where rights to compensation are ‘grey’ rather than black or white. Under the SA […]

Student accommodation developments in South Australia – City of Marion v WC Projects Pty Ltd

22 June, 2017

The Supreme Court in City of Marion v WC Projects Pty Ltd has recently overturned a decision of a Commissioner of the ERD Court to grant development plan consent for a student accommodation facility. It is the first time that a higher Court has considered the nature of “student accommodation” use in South Australia. […]

The updated 30 Year Plan for Greater Adelaide and related matters: trams, walkable neighbourhoods and the “Missing Middle”

6 June, 201715 June, 2017

The updated 30 Year Plan The State Government recently released an update to the 30 Year Plan for Greater Adelaide (the Update). First published in 2010, the Plan is a volume of the SA Planning Strategy and must be reviewed every 5 years under the Development Act. Despite the period of transition ahead as […]

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

2 June, 201715 June, 2017

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 […]

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

26 May, 201715 June, 2017

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 […]

The power to lapse development applications – Maddern v Norwood, Payneham and St Peters

19 May, 201715 June, 2017

In the first case of its kind, the ERD Court has reviewed and overturned a decision by a council to lapse a live development application. Regulation 22(2) of the Development Regulations 2008 enables a relevant authority to lapse a development application if two years have passed since it was lodged. The case of Maddern & Anor […]

Thompson v City of West Torrens & Ors [2017] SAERDC 5

17 February, 201715 June, 2017

A recent decision of the Environment, Resources and Development Court has highlighted the need for development applications to be made in the name of a real person or legal entity. ‘In Property Design’ (a registered business name), lodged a development application with the City of West Torrens. The Council refused the application and a […]

ERD Court hands down decision in Paior v Marion third party appeal

24 January, 201715 June, 2017

A Full Bench of the ERD Court has made its ruling in the third party appeal of Paior v Marion & Fleetwood, quashing a retrospective planning consent issued by the Council. The decision is the latest chapter in a long running dispute about a two-storey dwelling and other works constructed in 2013 in the face of […]

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

8 December, 201616 June, 2017

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 […]