Planning, Development and Infrastructure Act 2016

Subject to this Act, a development is an approved development if, and only if, a relevant authority has assessed the development against, and granted a consent in respect of, each of the following matters (insofar as they are relevant to the particular development):

—

the relevant provisions of the Planning Rules; and

to the extent provided by Part 7

Division 2—the impacts of the development; and

if relevant, requirements applying under Part 15 Division 2 (other than under section 198), (planning consent);

the relevant provisions of the Building Rules (building consent);

in relation to a proposed division of land (otherwise than under the

Community

Titles Act 1996 or the Strata

Titles Act 1988)—the requirement that the following requirements be satisfied (or will be satisfied by the imposition of conditions under this Act):

requirements set out in the Planning and Design Code made for the purposes of this provision are satisfied;

any relevant requirements set out in a design standard has been satisfied;

the requirements of a water industry entity under the Water

Industry Act 2012 identified under the regulations, and any requirements prescribed by the regulations, relating to the provision of water supply and sewerage services are satisfied;

Note—

Requirements in respect of serviceability, timing, delivery of infrastructure or pricing relating to the provision of water supply and sewerage services may be the subject of an agreement, including under the

Water

Industry Act 2012 and the South

Australian Water Corporation Act 1994.

requirements applying under section 198;

where land is to be vested in a council or other authority—the council or authority consents to the vesting;

requirements set out in regulations made for the purposes of this provision are satisfied;

in relation to a division of land under the Community

Titles Act 1996 or the Strata

Titles Act 1988—the requirement that the following requirements be satisfied (or will be satisfied by the imposition of conditions under this Act):

requirements set out in the Planning and Design Code made for the purposes of this provision are satisfied;

any relevant requirements set out in a design standard has been satisfied;

any encroachment of a lot or unit over other land is acceptable having regard to any provision made by the Planning and Design Code or a design standard;

where land is to be vested in a council or other authority—the council or authority consents to the vesting;

a building or item intended to establish a boundary (or part of a boundary) of a lot or lots or a unit or units is appropriate for that purpose;

the

division of land under the Community

Titles Act 1996 or the Strata

Titles Act 1988 is appropriate having regard to the nature and extent of the common property that would be established by the relevant scheme;

the requirements of a water industry entity under the Water

Industry Act 2012 identified under the regulations, and any requirements prescribed by the regulations, relating to the provision of water supply and sewerage services are satisfied;

Note—

Requirements in respect of serviceability, timing, delivery of infrastructure or pricing relating to the provision of water supply and sewerage services may be the subject of an agreement, including under the

Water

Industry Act 2012 and the South

Australian Water Corporation Act 1994.

requirements applying under section 198;

any building situated on the land complies with the Building Rules;

requirements set out in the regulations made for the purposes of this provision are satisfied;

any encroachment of a building over, under, across or on a public place (and not otherwise dealt with above) is acceptable having regard to any provision made by the Planning and Design Code or a design standard;

such other matters as may be prescribed.

An application may be made for all or any of the consents required for the approval of a proposed development, or for any 1 or more of those consents.

A relevant authority may, in relation to granting a planning consent, on its own initiative or on application, reserve its decision on a specified matter or reserve its decision to grant a planning consent—

until further assessment of the relevant development under this Act; or

until further assessment or consideration of the proposed development under another Act (including an Act of the Commonwealth); or

until a licence, permission, consent, approval, authorisation, certificate or other authority is granted, or not granted (by the decision of another authority), under another Act (including an Act of the

Commonwealth).

A relevant authority must allow any matter specified by the Planning and Design Code for the purposes of this subsection to be reserved on the application of the applicant.

Any matter that is not fundamental to the nature of the relevant development may, subject to the Planning and Design Code, be reserved under subsection (3) or (4).

Subject to the regulations—

in relation to development that requires more than 1 consent under this Act, the consents need not be granted in any particular order;

and

if a development involves 2 or more elements that will together require planning consent, each element may be assessed separately (including by different relevant authorities) and granted a planning consent with respect to that particular element.

A development will be taken to be an approved development when all relevant consents have been granted and a relevant authority has, in accordance with this Act, indicated that the development is approved.

The provisions of the Building Rules that are relevant to the operation of subparagraph (viii) of paragraph (d) of subsection (1) are the provisions of the Building Rules as in force at the time the application was made for consent in respect of the matters referred to in that paragraph.

An encroachment under subsection (1)(d)(iii) or (e) must not interfere with a property right without the consent of the person who, at the time that the consent is granted, is the holder of that right.

In addition—

subsection (10) does not apply in relation to an encroachment over public land; but

in the case of public land, the entity that has the care, control and management of the public land may impose a reasonable charge on account of the encroachment when the relevant development is undertaken.

In this section—

public land means land that is under the care, control and management of—

an agency or instrumentality of the Crown; or

a council or other local government agency.