- building height
- building envelope
- land use
- open space
- other agreed-to aspect.
- Referrals – amend Regulation 41 so that referrals also apply to an application of outline consent (not just planning consent), as well as to allow processes to occur outside of the SA Planning Portal.
- Referrals – new provisions clarifying that an application for planning consent is not required to be referred for any aspect for which an outline consent has been granted.
- Timeframe for decision – amend Regulation 53 to prescribe a timeframe for a relevant authority to determine an application for outline consent.
- Verification – amend Regulation 31 to reference an application for outline consent and to allow notification processes to occur outside of the SA Planning Portal.
- Request for Information – amend Regulation 33 to clarify that an application for outline consent is not limited to one request for further information (as is the case for Performance Assessed Development).
- Decision Notification Form – amend Regulation 57(2) so that notice of decision for outline consent does not need to be given via the SA Planning Portal.
- Lodgement Fee (current)
- Assessment Fee (one-off amount of approximately $6000)
- Referral Fee (current – as required)
- Notification Fee (current – as required)
What is a practice direction?
A practice direction is a statutory instrument that provides procedural requirements relating to a matter under the Planning, Development and Infrastructure Act 2016.
What is a Performance Assessed Development?
A Performance Assessed Development is development assessed on its merits against the Planning and Design Code by an assessment manager or assessment panel.
What aspects of development could be granted outline consent?
It is proposed that outline consent could be granted for any of the following aspects of development:
What regulation changes are proposed?
Amendments to the Planning, Development and Infrastructure (General) Regulations 2017 will need to be made before an outline consent practice direction comes into effect.
The following regulation amendments are proposed:
What is the proposed fee structure and how was it determined?
The Planning, Development and Infrastructure (Fees) Notice needs to be updated to accommodate an outline consent application.
Currently, assessment fees are based on the value of the development. An outline consent application will not necessarily have a known estimated development cost so it is proposed that an outline consent fee would involve a lodgement fee and a set amount for assessment.
If the outline consent requires notification and or referral, fees will apply as currently prescribed.
Planning and Land Use Service staff have considered the average development cost and assessment fee received for applications that would meet the circumstances in which an outline consent may be granted.
It is considered that a quarter of the average assessment fee would be an appropriate fee for an outline consent application, as significant assessment will be required against the Planning and Design Code.
Proposed fee structure:
Note: the outline consent pathway is not anticipated to be used for small scale developments such as garages and single dwellings.
After outline consent is granted, will that aspect be assessed again as part of planning consent?
Where a relevant authority grants an outline consent under the Act, any subsequent application for planning must approve the aspect granted outline consent.
An application for planning consent is also not required to be publicly notified or referred for any aspect that has been granted outline consent.
Will the call in-process apply for outline consent?
The Minister for Planning has the power to call-in development applications for assessment and determination, assigning the State Planning Commission as the relevant authority.
During establishment of the outline consent process, it is intended that an outline consent application may utilise the call-in process (where appropriate) to ensure state level consideration.
Will outline consent assessment be extended to other relevant authorities?
The proposed practice direction and regulation changes allow outline consents to be reviewed and refined.
This includes enhancing the development application processing (DAP) system to accommodate this new application pathway, prior to extending the assessment of outline consents to other relevant authorities.
Does the practice direction relate to specific council areas?
The circumstances in the draft practice direction directly relate to certain local government areas. Other local government areas may be affected if an outline consent utilises the call-in process.
While the circumstances in the draft practice direction directly relate to certain local government areas, the practice direction may be varied and this may change in the future.
What Act enables outline consent to be granted?
The Planning, Development and Infrastructure Act 2016 provides the vehicle for a relevant authority to grant an outline consent, with details about granting outlined consent to be outlined in a practice direction.