Div 3Notice requirements and consultation

Division 3—Notice requirements and consultation 47—Performance assessed development and restricted development (1) For the purposes of sections 107(3)(a)(i) and 110(2)(a)(i) or (ii) of the Act, a notice to the owner or occupier of each piece of relevant land (being adjacent land and, if relevant, directly affected land) must— (a) be in writing sent to the address of the land (or to another address used by the owner or occupier known to the relevant authority); and (b) identify the land on which the development is proposed; and (c) describe the nature of the proposed development; and (d) indicate where and when the relevant application may be inspected; and (e) explain how a representation may be made under the Act. (2) For the purposes of sections 107(3)(a)(ii) and 110(2)(a)(iv) of the Act, a notice placed on the relevant land must— (a) be in a form determined by the Commission for the purposes of this regulation; and (b) be placed in a prominent position as close as is reasonably practicable to a public road and in accordance with any other requirement specified by a relevant practice direction (if any); and (c) comply with any requirements specified by a relevant practice direction (if any) relating to how any such notice is to be displayed and protected from the weather (if it is to be placed in the open). (3) Subject to subregulation (4), the applicant is responsible for ensuring compliance with the requirements of subregulation (2). (4) If— (a) the applicant, in accordance with a procedure specified by a practice direction, requests the relevant authority to place a notice on land under subregulation (2); and (b) the proposed development is to be undertaken within the area of a council; and (c) the relevant authority is an assessment panel appointed or constituted under section 83 or 84 of the Act; and (d) the applicant pays the fee determined by the council for the area in which the proposed development is to be undertaken as being appropriate to cover the reasonable costs of placing the notice on the land, the relevant authority will be responsible for placing the notice on the land. (5) Subregulation (4) does not apply if the relevant authority is the Minister or the Commission. (6) The requirement to place a notice on the relevant land under section 107(3)(a)(ii) or 110(2)(a)(iv) of the Act does not apply— (a) in any part of the State that is not within the area of a council; or (b) in relation to development that is to be carried out wholly on land covered with water; or (ba) in relation to development that falls within a class of development in respect of which the Planning and Design Code provides that such a notice need not be given; or (c) in relation to any place where the provisions of a zone, subzone or overlay under the Planning and Design Code applying to that place provide that such a notice need not be given. (7) A person must not damage, destroy, obscure or remove a notice placed on land under section 107(3)(a)(ii) or 110(2)(a)(iv) of the Act during the period that applies under section 107(3)(b) or 110(2)(b) (as the case may be). Maximum penalty: $2 500. (8) For the purposes of section 110(2)(a)(iv), a notice to the public generally must also be given by publishing a notice on the SA planning portal. (9) This regulation applies subject to the operation of section 107(6) of the Act. 48—Notification of application of tree-damaging activity to owner of land If an owner of land to which an application for a tree-damaging activity in relation to a regulated tree relates is not a party to the application, the relevant authority must— (a) give the owner notice of the application within 5 business days after the application is made; and (b) give due consideration in its assessment of the application to any submission made by the owner within 10 business days after the giving of notice under paragraph (a). 49—Public inspection of applications (1) For the purposes of sections 107(3) and 110(2) of the Act, the relevant authority must ensure that copies of— (a) the application; and (b) any supporting plans, drawings, specifications and other documents or information provided to the relevant authority under section 119 of the Act, are reasonably available for inspection (without charge) by the public at the principal office of the relevant authority for the period commencing on the day on which notice of the application is first given under this Division and ending on the day on which representations must be lodged with the relevant authority under these regulations. (2) The relevant authority must, pursuant to a request made within the period that applies under subregulation (1), on payment of a fee fixed by the relevant authority, provide to a member of the public a copy of any document or information available under that subregulation. (3) A person who makes a request under subregulation (2) must, at the time of making the request, provide to the relevant authority the following information, namely the person's name, address and contact details, and must, at the request of the relevant authority, verify this information in such manner as the relevant authority thinks fit. (4) In addition, the relevant authority must ensure that any document or information required to be available under subregulation (1) is also available on the SA planning portal. (5) The preceding subregulations apply subject to the following qualifications: (a) the relevant authority is not required to make available any plans, drawings, specifications and other documents or information which relate to the assessment of the proposed development against the Building Rules and which are not reasonably necessary for determining whether planning consent should be granted; (b) the relevant authority is not required to make available any plans, drawings, specifications and other documents or information if to do so would, in the opinion of the relevant authority, unreasonably jeopardise the present or future security of a building. 50—Representations (1) For the purposes of sections 107(3)(b) and 110(2)(b) of the Act— (a) a representation to a relevant authority must be provided to the relevant authority— (i) in relation to section 107(3)(b) of the Act—within 15 business days after the day on which the notice under section 107(3)(a)(i) would be expected to be received by the owner or occupier of land in the ordinary course of postage under subregulation (2); and (ii) in relation to section 110(2)(b) of the Act—within 20 business days after the day on which the notice under section 110(2)(a)(i) would be expected to be received by the owner or occupier of land in the ordinary course of postage under subregulation (2); and (b) a representation must include the name and address of the person (or persons) who are making the representation; and (c) a representation must set out, with reasonable particularity, the reasons for the representation; and (d) if a representation is made by 2 or more persons under section 110(2)(b)—the representation should nominate a person who will be taken to be making the representation for the purposes of any subsequent step or proceedings under section 110 of the Act. (2) For the purposes of subregulation (1), the ordinary course of postage will be taken to be 4 business days from the day on which the notice is sent. (3) If subregulation (1)(d) applies but a nomination is not made as envisaged by that subregulation, it will be taken that the first person named in, or otherwise indicated by, the representation as being a party to the representation is nominated as the person who will be taken to be making the representation for the purposes of any subsequent step or proceedings under section 110 of the Act. (4) A representation under subregulation (1) must be in writing. (5) A relevant authority may also, if it considers that it would assist the relevant authority in making a decision on the application, allow a person— (a) who has made a representation under subregulation (1) in relation to development being assessed under section 107 of the Act; and (b) who has indicated an interest in appearing before the relevant authority, an opportunity (at a time determined by the relevant authority) to appear personally or by representative before it to be heard in support of the representation that has been made under subregulation (1). (6) If a relevant authority decides to allow a person to appear under subregulation (5), the relevant authority must also give the applicant notice of the place and time where the person has been invited to appear under that subregulation and, if the applicant appears personally or by representative, allow the applicant a reasonable opportunity, on request, to respond to any relevant matter. (7) This regulation applies subject to the operation of section 107(6) of the Act. 51—Response by applicant (1) In accordance with sections 107(3)(c) and 110(2)(c) of the Act, a response to a representation must be made by the applicant within 15 business days after the relevant material is forwarded to the applicant, or within such longer period as the relevant authority may allow. (2) An extension of time allowed by the relevant authority under subregulation (1) is not to be included in the time within which the relevant authority is required to decide the relevant application under these regulations. 52—Notice of hearing of submissions If in accordance with section 110(2)(c)(ii) of the Act a person is to be allowed to appear personally or by representative before the Commission to be heard in support of a representation, or to respond to any matter, the Commission must, unless the person otherwise agrees, give the person at least 5 business days notice of the place and time at which the person should appear.