Issue Date – July 2019

Development assessment timeframes in the new planning system The Planning, Development and Infrastructure (General) (Development Assessment) Variation Regulations 2019 set out revised timeframes for the assessment of new developments in South Australia.

These timeframes have been derived from:

• those currently set out under the Development Act 1993

• the median time authorities currently take to assess development applications

• feedback received on the discussion paper, Assessment Pathways: How Will They Work? (2018)

• feedback received on the draft Development Assessment Regulations in early 2019.

Some fundamental changes to assessment timeframes will ensure the overall planning system is more efficient and that high-quality, smart and innovative development can happen more easily.

Many simple developments will no longer require an assessment

The new planning and development system has specified over 50 simple development types that will no longer require a development assessment. This means that there will be fewer applications to slow the system down.

Low-risk development will be moved through the system more quickly

Proposals that have expected outcomes and are low-risk (like a house on a residential block) will still undergo a development assessment, however this type of development will be able to follow a more efficient five-day decision pathway, called a ‘deemed-to-satisfy’ pathway. If the proposal meets all the ‘deemed-to-satisfy’ criteria, it will be approved.

The community will be more informed about what kind of development is happening in their area

The new planning system has introduced new public notification requirements, which means signage will be required to be placed on land where a significant development is proposed. As a result, more people will be made aware of the kind of development that is under assessment in their neighbourhood. Additionally, the community will also be given more time to provide feedback on such developments. For performance-assessed proposals, this time has increased from ten business days to 15 business days; for more complex restricted proposals, this time has doubled from ten business days to 20 business days.

Assessment bodies will be expected to make decisions in a more timely manner

The new system will ensure that assessment bodies make their development decisions within legislated timeframes. If the planning authority exceeds the timeframe for assessment, the applicant can serve a notice that provides automatic planning consent.

In addition, for performance-assessed applications, the assessment body can only stop the clock once to request further information.

These changes will prevent different assessment bodies from taking different amounts of time to make decisions on similar types of applications.

The time it takes for assessment bodies to make their decisions will be published on the SA Planning Portal, making the system more transparent, accountable and better able to support the future growth and prosperity of the state.