When you undertake development1 the law2 requires that you first obtain Development Approval from the Council (or the Development Assessment Commission in some cases).
Development Approval is a three stage process, consisting of;
- Development Plan Consent
- Building Rules Consent
- Development Approval.
Development Plan Consent
Development Plan Consent is the planning consent involving assessment of the development against the Council Development Plan and whether the land is suitable for the use intended. The process may involve public notification and referral of the application to State Agencies, such as the Country Fire Service, the Environment Protection Authority or the Department of Planning, Transport and Infrastructure. Development Plan Consent may be issued by the Council, the Council Assessment Panel, the Development Assessment Commission (State government) or a planning consultant in some cases. The Development Plan Consent may be issued subject to conditions and is valid for 12 months from the date of issue.
Click here for more information on Planning.
Building Rules Consent
Building Rules Consent is the assessment of the structural components of the development against the Building Code of Australia. Building Rules Consent may include building fire safety matters and it may be issued subject to conditions. It may be issued by the Council or a private certifier. It must be issued within 12 months of the date of the Development Plan Consent.
Development Approval is granted once Building Rules Consent is received by the Council or the Development Assessment Commission. It is the written authorisation to commence building work. The development approved must be substantially commenced within 12 months of the date of Development Approval and fully completed within 3 years.
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For more information about the process, click here to view the website of the Department of Planning, Transport and Infrastructure.
Development Plan Amendment Process
Development Plans contain the rules that control what can be done on any piece of land across the State. For more information on Development Plans, click here to go to the relevant part of the State Government's website.
The Adelaide Hills Council Development Plan is a critically important document which provides guidance on land development and land use decisions for the community, the development sector, and for all spheres of Government.
The Development Plan contains the policies which are used in the assessment of all development applications (other than major developments). All new applications, for example for houses, garages, business premises, intensive farm activities or for any change in the use of land, is assessed against the policies in the Development Plan.
Development Plan policies can be amended by a Development Plan Amendment (DPA) using the process set out in the Development Act 1993. DPAs can be initiated by the relevant Council or the Minister for Planning.