The Development Process

CONTENTS
Development Approval Process 
> Public Notification (for planning applications lodged prior to 19 March 2021 ONLY)
> Development/Building information required 
Council Development Plan (relevant for planning applications lodged prior to 19 March 2021 ONLY)
Planning, Development & Infrastructure Act 2016 and Planning and Design Code now live (News article)

As we are still working through the implications for Adelaide Hills Council from the new PlanSA system some of the information on these pages may not be relevant to you. Please contact Development Services on (08) 8408 0400  or mail@ahc.sa.gov.au if you are unable to find the information you need.


DEVELOPMENT APPROVAL PROCESS
On 19 March 2021 the final phase of the state wide changes to the Development system went live. This will change the way development approval is processed from 19 March 2021 onwards; applications lodged prior to this date will be resolved under the earlier system.

~

When you undertake development the law requires that you first obtain Development Approval from the Council (or the State Commission Assessment Panel in some cases).

Development Approval is a three stage process:

  1. Development  Consent
  2. Building Consent
  3. Development Approval

For more information about the process, visit PLANSA.



PUBLIC NOTIFICATION - (for planning applications lodged prior to 19 March 2021 ONLY)
Category 1, 2 or 3 Developments
There are three categories of public notification. Types of Category 1 and Category 2 developments are listed in the Development Regulations (2008) and may also be listed in individual zones within the Council's Development Plan.

If an application is categorised as either Category 2 or Category 3 development there exists an opportunity to lodge a representation on the appropriate form within the specified time. Representations received after the stipulated deadline are deemed invalid and are not considered by the Council.

Category 1 Developments
Category 1 covers 'development' which is exempt from public notification, and usually relates to uses that could be reasonably expected and are not on a zone boundary where a conflict may arise. Examples might include:

  • Detached dwellings in residential zones
  • Retail shops within a centre zone 

Category 2 Developments
Category 2 covers 'development' which requires limited public notification to owners or occupiers of land adjacent to a proposal. Representations can be made against the application, but a person who lodges a representation does not have a right of appeal against the final decision. Examples include:

  • Development on land which abuts a different zone boundary
  • Regulated trees (if Council is undertaking the development)

Category 3 Developments
Category 3 developments include those kinds of development not listed as either Category 1 or Category 2 in Schedule 9 of the Development Regulations (2008). In this case, a public notice is placed in a newspaper and any person can make a representation on the application. Persons who make representations in relation to Category 3 may request to be heard by the Council Assessment Panel (CAP) as part of their submission. A representation to a Category 3 publicly notified proposal also has an appeal right against the final decision.

Category 3 Development Applications in the Adelaide Hills Council district are printed on Fridays in the Adelaide Advertiser when applicable.

Development Application Appeals
Appeals against decisions on development applications are heard by a specialist Environment, Resources and Development Court.


DEVELOPMENT/BUILDING INFORMATION REQUIRED
Please note, this is UNDER REVIEW as we transition to the new state-wide system of PlanSA. To speak to our Duty Planner please call 8408 0400 and we would be happy to assist you. 

The following is a general guide to assist applicants with compiling the information required to enable development application assessment to be undertaken for compliance with the Building Code. Other information may be required depending on the type of development proposed.

Quick Links (or scroll down to read all topics)
1) Forms
2) Site Plan
3) Plans and elevations of proposed building work
4) Footings
5) Specification of works
6) Energy efficiency details of compliance
7) Bushfire construction standards
8) Fees
9) Private certification
10) Other information
11) Useful links


1) Forms

  • Development Application Form
  • Waste Water Works Application (if plumbing work/alteration is to be undertaken), unless located in SA Water sewered area
  • Certificate of Indemnity Insurance (domestic work over $12,000)
  • Construction Industry Training Levy payment receipt (required to enable approval to be issued if value exceeds $40,000)
    • Pay online or request a paper form and pay by cheque in return post.
  • Two duplicate sets of all plans and technical details
  • A copy of the Certificate of Title for the subject land

2) Site Plan
An aerial view of the allotment and site, drawn at a scale of 1:500. The plan is required to show all natural and improved features on the site and should also show:

  • North
  • Boundaries and dimensions of the site, adjoining roads (including kerb gutter and footpath or formed roadway), rivers, reserves and the like
  • The location of the proposed development (building or land use) in relation to boundaries and other features of the site
  • Existing features of the site such as plantings, watercourses, fences, road easements etc
  • Existing structures on the site, including their distance from boundaries
  • Site levels and contours including temporary bench mark, bench leel, finished floor level, and site levels
  • Site levelling and/or cut and fill proposals for development including angle of batter or fill or location of proposed retaining walls
  • The location of existing septic tanks and soakage/effluent connection points
  • The location of any trees that may affect the building on the subject or neighbouring site
  • The stormwater disposal system.

And for commercial/business developments:

  • The location of any signage
  • The location and dimensions of onsite car parks
  • Materials of construction
  • Method of marking driveways and car parks
  • Method of collection treatment and discharge of stormwater (to conform with stormwater pollution prevention details)
  • The location and type of lighting and light poles including wattage luminesce, direction of lighting, and shielding to prevent nuisance by light spill.

3) Plans and elevations of proposed building work
Plans should be drawn at a scale of 1:100. Specific details of construction may clarify construction design and should be drawn at a scale of 1:20. The plans should show:

  • Dimensioned, overall plan view of each storey showing all existing and proposed rooms, walls, doors, windows, fixtures, fittings (kitchen, bathroom, smoke detectors and the like), control joints, brick piers, verandahs, carports, hot water service, and any other relevant feature of the building
    • For renovations, two plans (one of the existing and of of the proposed) will be very helpful
  • Elevations of each side of the building and any relevant sections or details showing walls, roof, windows, doors, claddings, control joints, roof pitch, and any other relevant details
  • Timber (or steel) framing design construction details showing floor, wall, and roof member framing layout, all member sizes and spacings, wall and roof bracing design and details (location and type of bracing), wall and roof tie down details (location and type of connectors), lintel sizes, wind speed design, timber type and stress grades
  • For trussed roofs, the truss design calculations, truss layout plan showing bracing, tie down, individual members, top and bottom cord restraint, hip end framing, web tie or bracing (if relevant), girder trusses, location of hot water service loads and the like
  • Independent plans specifying construction details for pre-manufactured garages, verandahs, carports, pergolas and the like
  • For commercial business and industrial developments, detail universal access and egress details and essential safety provisions for the building, including car parking facilities and a path of travel to the building.

4) Footings
An engineer's soil report is required for concrete footings.  The design of the footings may be by the engineer or by a competent person, in accordance with the engineer's site soil classification as per AS 2870 residential slabs and footings.

^Back to Quick Links

5) Specification of works
Construction specifications detailing all works and trades to be undertaken in association with the building work, detailing quality of works, compliance with Australian Standards and the Building Codes, site sanitation and management etc.  Specifications may be standardised type such as the Master Builders Association, Housing Industry Association, Nat spec or similar (provided by the builder affiliated with the organization) or independently catered to specify how the development will be undertaken to comply with the Building Code of Australia and all relevant Australian Standards.

^Back to Quick Links

6) Energy efficiency details of compliance
Details confirming the compliance of the proposed building, including additions, with the energy efficiency requirements of the Building Code. This may be by an independent assessment of the building against the provisions of the Code or by an accredited assessor.

Details regarding rainwater storage (minimum 1,000 litres) and the method of interconnection into the dwelling to comply with the Building Code of Australia (all laundry cold taps, a heated water unit, or a toilet).

^Back to Quick Links

7) Bushfire construction standards
Details of the standard of construction being met for bushfire protection of the building. This will vary depending on the location of the building and the Bushfire Attack Level required to be met.

^Back to Quick Links

8) Fees
Fees are listed on the back of the Development Application Form. Council's staff will assist with determining the appropriate fee for each application.

Fees are required to be paid at lodgement of the application. An application may be lodged with the relevant lodgment fee only. The remaining fees will then be calculated and sought separately. The application may not be processed until Council has received payment of all relevant fees.

^Back to Quick Links

9) Private certification
Applicants may employ the services of a Private Certifier in lieu of Council to undertake the Building Rules Assessment section of their application.

A certifier cannot issue Building Rules Consent in most cases unless the relevant Development Plan Consent has first been issued by Council. In this regard you will need to seek Development Plan Consent from Council.

^Back to Quick Links

10) Other information
Applicants are advised to seek the assistance of suitably qualified persons to prepare and document development applications. Inadequate or insufficient information can delay the processing of applications.

Please note the building owner is required to provide notification to adjoining owners (section 60 and regulation 75 of the development act and regulations) when filling or excavating near boundaries. Refer to extracts:

Building Rules Assessment
The Development Act defines development and building work and requires assessment of the building aspects as related to the National Construction Code known as the Building Code of Australia. 

Generally the Building Code classifies buildings into their different types of uses and sets minimum construction standards as related to the type of building.  The information needed to assess an application will vary according to its proposed use.

The latest edition of the Building Code of Australia in the National Construction Code series was adopted on 1 May 2019. Click here for a summary of the changesThe National Construction Code can be accessed free of charge by registering with the Australian Building Codes Board.

Development Applications for buildings require the completion by an applicant of a Power Line Declaration Form to advise Council in relation to power lines adjacent to proposed buildings. The Declaration Form is listed below and further information is contained in the document Energy SA guide to building safely near power lines.

Boundary fences usually require neighbour agreements to be achieved. A useful guide to this process is contained in the Legal Services Commission pamphlet "Fences and the Law"   It contains the relevant information and forms required to assist fencing negotiations and/or disputes.

^Back to Quick Links

11) Useful links
Construction Industry Training Board (CITB) Levy.  Payment is required to the board when the development Cost Exceeds $40,000. Payment available online

Ministers specifications are State Government documents providing separate and additional requirements or concessions for certain developments. They relate to farm buildings, bushfire construction, grain bunkers, essential safety provisions, fire safety in caravan parks, and other matters.

^Back to Quick Links

 
Council acknowledges that we conduct our business on the traditional lands and waters of the Peramangk and Kaurna people. We pay our respects to Elders past, present and emerging as the Custodians of this ancient and beautiful land.
 
© Copyright Adelaide Hills Council 2020