Making a Development Application

The Development Application process involves separate assessments against various criteria. The first is against the planning policies covering the area in question and is known as the Provisional Development Plan Consent (Planning). The second is the technical standards set out in the Building Code of Australia and/or the South Australian Housing Code and is known as the Provisional Building Rules Consent (Building). These two consents make up the Development Approval you will need to proceed with your development.

It is important to understand that work cannot be started on any development until Council issue the Development Approval notice. Heavy penalties apply to any unauthorised development.

How Do I Prepare An Application?

A well prepared development application will assist Council in making an assessment and result in a faster decision. The following should be considered when making an application.

What Documentation Do I Need to Include?

If your application is just for Planning Consent, the following information will be sufficient in order to undertake a planning assessment:

• A development application form needs to be completed, including the estimated cost of the development and the applicant signature. This form covers all types of development including planning and building; and
• A copy of the Certificate of Title(s) for the subject land; and
• Three copies of plans including site plan, floor plan, elevations and streetscape elevation, stormwater layout and design; and
• The appropriate application fees.

If your application is also for Building Rules Consent, the following additional information will be required with your application:

• Three complete copies of  building specifications;
• Three copies of footing and engineer's reports;
• Energy efficiency requirements;
• Three copies of working drawings (including sections, framing plans and wet area details);
• Certificate of Building Indemnity Insurance (where applicable);
• Construction Industry Training Board Levy (where applicable)

For information about the level of details required within plans, please download our Information Sheets. The provision of all required information upon lodgement will ensure a prompt assessment of the application.

What Costs Are Involved?

The Development Act stipulates the costs associated with a development application. Generally there will be three types of fees applicable to an application. These are Lodgement Fees, Planning Fees and Building Fees. Please download the Development Application Form (44 kb) and the Electricity Act Declaration Form (24 kb) for more details.

What Happens With My Application?

Planning Consent

Planning is assessed against the Campbelltown (City) Development Plan, the policy document administered by Council to ensure that development occurs in an orderly and desirable manner.

The issues considered during the planning assessment include the visual impact of the structure on the adjoining properties on the street and the appropriateness of the intended use.

The purpose of this process is to ensure development that:

• Results in the appropriate use of land within a particular location (Zone or policy area);
• Enhances and is keeping with the environmental and visual qualities of the area;
• Is compatible with the orderly and proper planning of the area and with surrounding development;
• Respects the living and working conditions of nearby residents and businesses.

When an application is lodged with Council for Development Approval, Council is required to assess the development against the Development Act and Council's Development Plan to determine the form of development and the process the application is required to undertake.

These forms of development are:

Complying Development

The Development Plan lists complying forms of development within each Zone. These forms of development are considered to be appropriate within the zone. Examples of complying development within a Residential Zone include, dwellings, dwelling additions and outbuildings. There are specific conditions that need to be met in order to be considered complying.

Although in these cases, the Planning Consent is automatic, an application will still be required. Please contact Council's Planning staff on 8366 9228 to discuss whether your development would be complying.

Non-Complying Development

The Development Plan lists non-complying forms of development within each Zone. These forms of development are considered to be unsuitable within the zone. Examples of non-complying development within a Residential Zone include industry, hotel or motor showroom. The process for these forms of development is complex. The applicant must demonstrate good reasons why the application should proceed. Occassionally there may be some merit in a non-complying development which is supported by Council. In these cases, the proposal would still need to receive the concurrence of the Development Assessment Commission.

Should you be considering a non-complying development, Council strongly suggests you contact its planning staff on 8366 9228 or seek independent professional planning advice.

Merit Development

The Development Act stipulates that any development not listed within the relevant zone in Council's Development Plan as either a Complying or Non-Complying development will automatically be treated as a Merit development. Such forms of development are assessed against the policies within the Zone and Development Plan itself.

The majority of development applications received by Council are Merit forms of development. Examples of merit forms of development in a Residential Zone include two-storey dwellings, outbuildings over 40m and land divisions.

Referral to Agencies

Some forms of Development may require Council to refer an application to a Government Agency for comment. For example, development adjacent to arterial roads may require a referral to Transport SA. If an application is required to be referred, an additional fee will apply as well as a longer time frame for a decision.

Public Notification

Some forms of development will require Council to undertake different forms of public notification. The majority of applications will not require public notification and the Development Act refers to these as Category 1 development.

Other forms of development specified in the Development Act are Category 2 and Category 3.

Category 2 development requires Council to write to adjacent land owners and/or occupiers advising them of the development and giving them the opportunity to comment. The most common form of Category 2 development are some forms of structures to be built on the boundary. No appeal right applies to to any person who objects to a Category 2 development.

Category 3 development requires Council to write to adjacent land owners and/or occupiers as well as place an advertisement within The Advertiser. Any person has an opportunity to comment on the development. An example of a Category 3 development would be a Child Care Centre in a Residential Zone. Any person making comment on a Category 3 development has an opportunity to appeal Council's decision or any conditions attached to that decision.

Building Consent

The Building Rules Consent assesses the application against the requirements of the Building Code of Australia and other relevant standards. In general, the building assessment examines issues such as structural adequacy, fire safety, health and amenity, energy efficiency and access for people with disabilities. The requirements within each of these areas differs for different classes of buildings.

Council's building officers also undertake inspections in accordance with Council's Building - Inspection Policy(41 kb). This occurs during the construction process to ensure compliance with the Building Rules Consent. Inspections are also undertaken regularly for non residential developments by Council's Building Fire Safety Committee to ensure compliance with the Building Code.

Development Approval

Only once the Planning Consent and Building Consent are issued can a Development Approval be issued by Council. Once this has occurred, the development can be legally commenced. A Development Approval is valid for a period of twelve months within which the works must be commenced.

Who Makes The Decision and When?

In the majority of cases, the decision on the application will be made under delegation by the Manager of City Development. In some circumstances, the decision will be need to be made by Council's Development Assessment Panel (DAP). The DAP considers applications that have undergone public notification or that do not satisfy all of the provisions of Council's Development Plan.

There are set time limits specified in the legislation, depending on the form of development. Within these time limits, decisions must be made. Applications for routine developments that require an assessment can generally be dealt with quickly - within 8 weeks of lodgement and within 2 weeks for complying development. Where an application has to be referred to a government agency, the time limit is extended by an additional 6 weeks.

The City of Campbelltown endeavours to assess applications as soon as possible and will generally complete the assessment for straightforward applications within 4 weeks of lodgement. For this to occur, it is important that all necessary information is supplied with the application at lodgement.

What If I Don't Like The Decision?

Sometimes representors and applicants don't like the decision made by the Panel. In certain circumstances, there may be a right of appeal to the Environment Resources and Development Court against the decision or any conditions attached to the decision. Those considering an appeal, should refer to the documentation provided following the Panel meeting.

Should you want more information, Planning SA has also provided a document that summarises the Development Assessment Process. This downloadable document will assist all applicants in the necessary steps required for your development application. Refer to Planning SA's Guide for Applicants.