| s7(5)(a) |
1. Environment and Food Production Areas – Greater Adelaide
1.1 The power pursuant to Section 7(5)(a) of the Planning, Development and Infrastructure Act 2016 (the PDI Act), in relation to a proposed development in an environment and food production area that involves a division of land that would create 1 or more additional allotments to seek the concurrence of the Commission in the granting of the development authorisation to the development. |
1 Delegates
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Functions and powers must only be exercised in respect of developments that are proposed within the Council area which appointed them. |
| s7(5)(d) |
1. Environment and Food Production Areas – Greater Adelaide
1.2 The power pursuant to Section 7(5)(d) of the PDI Act in relation to a proposed development in an environment and food production area that involves a division of land that would create one or more additional allotments, to, if the proposed development will create additional allotments to be used for residential development, refuse to grant development authorisation in relation to the proposed development. |
1 Delegates
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Functions and powers must only be exercised in respect of developments that are proposed within the Council area which appointed them. |
| s99(2)(b)(ii) |
2. Related Provisions
2.1 The power pursuant to Section 99(2)(b)(ii) of the PDI Act to, if appropriate, grant development approval in the case of Section 99(1)(d) of the PDI Act. |
5 Delegates
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Functions and powers must only be exercised in respect of developments that are proposed within the Council area which appointed them. |
| s99(3) |
2. Related Provisions
2.2 The power pursuant to Section 99(3) of the PDI Act where a proposed development is to be undertaken within the area of the Council, to, subject to the regulations, if appropriate, grant the final development approval after all elements of the development have been approved by one or more relevant authorities under Section 99 of the PDI Act. |
5 Delegates
|
Functions and powers must only be exercised in respect of developments that are proposed within the Council area which appointed them. |
| s102(1) |
3. Matters Against Which Development Must be Assessed
3.1 The power pursuant to Section 102(1) of the PDI Act to assess a development against and grant or refuse a consent in respect of the relevant provisions of the Building Rules (building consent). |
5 Delegates
|
Functions and powers must only be exercised in respect of developments that are proposed within the Council area which appointed them. |
| s102(8) |
3. Matters Against Which Development Must be Assessed
3.2 The power pursuant to Section 102(8) of the PDI Act, when all relevant consents have been granted in relation to a development, to in accordance with the PDI Act, indicate that the development is approved. |
5 Delegates
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Functions and powers must only be exercised in respect of developments that are proposed within the Council area which appointed them. |
| s119(3) |
5. Application and Provision of Information
5.2 The power pursuant to Section 119(3) of the PDI Act to request an applicant:
5.2.1 to provide such additional documents, assessments or information (including calculations and technical details) as the delegate may reasonably require to assess the application;
5.2.2 to remedy any defect or deficiency in any application or accompanying document or information required by or under the PDI Act;
5.2.3 to consult with an authority or body prescribed by the regulations;
5.2.4 to comply with any other requirement prescribed by the regulations. |
5 Delegates
|
Functions and powers must only be exercised in respect of developments that are proposed within the Council area which appointed them. |
| s119(6)(b) |
5. Application and Provision of Information
5.3 The power pursuant to Section 119(6)(b) of the PDI Act if a request is made under Section 119(3) of the PDI Act and the request is not complied with within the time specified by the Regulations, subject to Section 119(6)(b)(ii), to refuse the application. |
5 Delegates
|
Functions and powers must only be exercised in respect of developments that are proposed within the Council area which appointed them. |
| s119(9) |
5. Application and Provision of Information
5.5 The power pursuant to Section 119(9) of the PDI Act to:
5.5.1 permit an applicant:
5.5.1.1 to vary an application;
5.5.1.2 to vary any plans, drawings, specifications or other documents that accompanied an application,
(provided that the essential nature of the proposed development is not changed);
|
5 Delegates
|
Functions and powers must only be exercised in respect of developments that are proposed within the Council area which appointed them. |
| s119(9) |
5. Application and Provision of Information
5.5 The power pursuant to Section 119(9) of the PDI Act to:
5.5.2 permit an applicant to lodge an application without the provision of any information or document required by the regulations; |
5 Delegates
|
Functions and powers must only be exercised in respect of developments that are proposed within the Council area which appointed them. |
| s119(9) |
5. Application and Provision of Information
5.5 The power pursuant to Section 119(9) of the PDI Act to:
5.5.3 to the extent that the fee is payable to the relevant authority waive payment of whole or part of the application fee, or refund an application fee (in whole or in part); |
2 Delegates
|
Functions and powers must only be exercised in respect of developments that are proposed within the Council area which appointed them.
MDRS Limitation: Up to $500 |
| s119(9) |
5. Application and Provision of Information
5.5 The power pursuant to Section 119(9) of the PDI Act to:
5.5.4 if there is an inconsistency between any documents lodged with the relevant authority for the purposes of Part 7 of the PDI Act (whether by an applicant or any other person), or between any such document and a development authorisation that has already been given that is relevant in the circumstances, return or forward any document to the applicant or to any other person and determine not to finalise the matter until any specified matter is resolved, rectified or addressed. |
5 Delegates
|
Functions and powers must only be exercised in respect of developments that are proposed within the Council area which appointed them. |
| s119(10) |
5. Application and Provision of Information
5.6 The power pursuant to Section 119(10) of the PDI Act to grant a permission under Section 119(9) of the PDI Act unconditionally or subject to such conditions as the delegate thinks fit. |
5 Delegates
|
Functions and powers must only be exercised in respect of developments that are proposed within the Council area which appointed them. |
| s122(10) |
7. Referrals to Other Authorities or Agencies
7.4 The power pursuant to Section 122(10) of the PDI Act to, if requested by an applicant, defer a referral under Section 122 of the PDI Act to a particular stage in the process of assessment. |
5 Delegates
|
Functions and powers must only be exercised in respect of developments that are proposed within the Council area which appointed them. |
| s127(1) |
10. Conditions
10.1 The power pursuant to Section 127(1) of the PDI Act to make a decision subject to such conditions (if any) as the delegate thinks fit to impose in relation to the development. |
5 Delegates
|
Functions and powers must only be exercised in respect of developments that are proposed within the Council area which appointed them. |
| s127(2)(c) |
10. Conditions
10.2 The power pursuant to Section 127(2)(c) of the PDI Act to vary or revoke a condition in accordance with an application under Part 7 of the PDI Act. |
5 Delegates
|
Functions and powers must only be exercised in respect of developments that are proposed within the Council area which appointed them. |
| s128(1) and (2) |
11. Variation of Authorisation
11.1 The power pursuant to Sections 128(1) and (2) of the PDI Act to determine an application seeking the variation of a development authorisation previously given under the PDI Act (including an application seeking the variation of a condition imposed with respect to the development authorisation). |
1 Delegates
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| s128(2)(d) |
11. Variation of Authorisation
11.2 The power pursuant to Section 128(2)(d) of the PDI Act to approve an application for a variation to a development authorisation previously given under the PDI Act, which seeks to extend the period for which the relevant authorisation remains operative. |
1 Delegates
|
Functions and powers must only be exercised in respect of developments that are proposed within the Council area which appointed them. |
| s143(1) |
15. Cancellation of Development Authorisation
15.1 The power pursuant to Section 143(1) of the PDI Act to, on the application of a person who has the benefit of the authorisation, cancel a development authorisation previously given by the relevant authority. |
3 Delegates
|
Functions and powers must only be exercised in respect of developments that are proposed within the Council area which appointed them. |
| s143(2) |
15. Cancellation of Development Authorisation
15.2 The power pursuant to Section 143(2) of the PDI Act to make a cancellation under Section 143(1) of the PDI Act subject to such conditions (if any) as the delegate thinks fit to impose. |
3 Delegates
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Functions and powers must only be exercised in respect of developments that are proposed within the Council area which appointed them. |
| r31(1) |
19. Verification of Application
19.1 The power pursuant to Regulation 31(1) of the General Regulations, on the receipt of an application under Section 119 of the PDI Act, and in addition to any other requirement under the General Regulations, to, in order to ensure that an application has been correctly lodged and can be assessed in accordance with the PDI Act:
19.1.1 determine the nature of the development; and |
3 Delegates
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Functions and powers must only be exercised in respect of developments that are proposed within the Council area which appointed them. |
| r31(1) |
19. Verification of Application
19.1 The power pursuant to Regulation 31(1) of the General Regulations, on the receipt of an application under Section 119 of the PDI Act, and in addition to any other requirement under the General Regulations, to, in order to ensure that an application has been correctly lodged and can be assessed in accordance with the PDI Act:
19.1.2 if the application is for planning consent - determine:
19.1.2.1 whether the development involves 2 or more elements and, if so, identify each of those elements for the purposes of assessment against the provisions of the Planning and Design Code; and
19.1.2.2 the category or categories of development that apply for the purposes of development assessment; and
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3 Delegates
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Functions and powers must only be exercised in respect of developments that are proposed within the Council area which appointed them. |
| r31(1) |
19. Verification of Application
19.1 The power pursuant to Regulation 31(1) of the General Regulations, on the receipt of an application under Section 119 of the PDI Act, and in addition to any other requirement under the General Regulations, to, in order to ensure that an application has been correctly lodged and can be assessed in accordance with the PDI Act:
19.1.3 determine whether the relevant authority is the correct entity to assess the application under the PDI Act; and |
3 Delegates
|
Functions and powers must only be exercised in respect of developments that are proposed within the Council area which appointed them. |
| r31(1) |
19. Verification of Application
19.1 The power pursuant to Regulation 31(1) of the General Regulations, on the receipt of an application under Section 119 of the PDI Act, and in addition to any other requirement under the General Regulations, to, in order to ensure that an application has been correctly lodged and can be assessed in accordance with the PDI Act:
19.1.4 if the relevant authority is the correct entity to assess the application (or any part of the application):
19.1.4.1 check that the appropriate documents and information have been lodged with the application; and
19.1.4.2 confirm the prescribed fees required to be paid at that point ; and
19.1.4.3 provide an appropriate notice via the SA planning portal; and |
3 Delegates
|
Functions and powers must only be exercised in respect of developments that are proposed within the Council area which appointed them. |
| r31(1) |
19. Verification of Application
19.1 The power pursuant to Regulation 31(1) of the General Regulations, on the receipt of an application under Section 119 of the PDI Act, and in addition to any other requirement under the General Regulations, to, in order to ensure that an application has been correctly lodged and can be assessed in accordance with the PDI Act:
19.1.5 if the relevant authority is not the correct entity to assess the application (or any part of the application):
19.1.5.1 provide the application (or any relevant part of the application), and any relevant plans, drawings, specifications and other documents and information in its possession, to the entity that the delegate considers to be the correct relevant authority in accordance with any practice direction; and
19.1.5.2 provide an appropriate notice via the SA planning portal. |
3 Delegates
|
Functions and powers must only be exercised in respect of developments that are proposed within the Council area which appointed them. |
| r38(2) |
21. Withdrawing/Lapsing Applications
21.2 The power pursuant to Regulation 38(2) of the General Regulations to lapse an application for a development authorisation under Part 7 of the PDI Act if at least one year has passed since the date on which the application was lodged with the relevant authority. |
5 Delegates
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Functions and powers must only be exercised in respect of developments that are proposed within the Council area which appointed them. |
| r38(3) |
21. Withdrawing/Lapsing Applications
21.3 The power pursuant to Regulation 38(3) of the General Regulations before taking action to lapse an application under Regulation 38(2) of the General Regulations to:
21.3.1 take reasonable steps to notify the applicant of the action under consideration; and
21.3.2 allow the applicant a reasonable opportunity to make submissions to the delegate (in a manner and form determined by the delegate) about the proposed course of action. |
5 Delegates
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Functions and powers must only be exercised in respect of developments that are proposed within the Council area which appointed them. |
| r65(1)(a) |
29. Variation of Authorisation (Section 128)
29.1 The power pursuant to Regulation 65(1)(a) of the General Regulations to, for the purposes of Section 128(2)(b) of the PDI Act, if a person requests the variation of a development authorisation previously given under the Act (including by seeking the variation of a condition imposed with respect to the development authorisation) to form the opinion and be satisfied that the variation is minor in nature, and approve the variation. |
5 Delegates
|
Functions and powers must only be exercised in respect of developments that are proposed within the Council area which appointed them. |