Div 4Determination of application

Division 4—Determination of application 53—Time within which decision must be made (section 125(1)) (1) In accordance with section 125 of the Act, and subject to these regulations, a relevant authority should deal with an application under Part 7 of the Act (other than where the Minister is the relevant authority under Division 2 Subdivision 4 of that Part) within the following periods, calculated from the relevant day under subregulation (2): (a) if— (ii) the proposed development is of a kind prescribed as deemed-to-satisfy development under the Planning and Design Code, 5 business days; (b) if— (ii) the proposed development is to be assessed under section 107 of the Act, 20 business days; (ba) if the application proposes to divide land under section 102(1)(c) or (d) of the Act and— (i) the proposed development involves the division of land into 10 allotments or less; and (ii) does not involve the creation of a public road, 30 business days; (c) if— (ii) the proposed development is to be assessed under section 110 of the Act, 60 business days; (ca) if the application seeks outline consent—20 business days; (d) if— (i) the application seeks building consent; and (ii) the building falls within the Class 1 or 10 classification under the Building Code, 20 business days; (e) in any other case—60 business days, subject to the qualifications that— (f) if paragraph (b) or (ca) applies and the relevant authority is an assessment panel or the Commission, an additional period of 20 business days must be added to the period that applies under paragraph (b) or (ca); and (g) if paragraph (b), (c) or (ca) applies and notice of the application for planning consent must be given under section 107(3) or 110(2) of the Act, an additional period equal to the period for representations under regulation 50, and for the receipt of any response from the applicant under regulation 51, must be added to the relevant period that applies under paragraph (b), (c) or (ca) (and, if relevant, paragraph (f)); and (h) if paragraph (b), (c) or (ca) applies and the application must be referred to a prescribed body under section 122(1) of the Act, an additional period equal to the relevant period applying under Schedule 9 plus any period applying under section 122(4) of the Act (or, if more than 1 period, the longest period), must be added to the relevant period that applies under paragraph (b), (c) or (ca) (and, if relevant, paragraph (f)); and (i) if the application must be referred to the Commission under section 118 of the Act—an additional period of 10 business days must be added to the period that applies under paragraph (d) or (e) (as the case may be); and (j) if the application must otherwise be referred to another body for a report or concurrence under the Act or these regulations, or another body is entitled to report on the application under these regulations—an additional period equal to the time within which a report must be made by the body under these regulations in order to be taken into account for the purposes of any assessment must be added to the period that applies under paragraph (a), (b), (c), (ca), (d) or (e) (as the case may be) (and, if relevant, paragraph (f)); and (ja) subject to subregulation (10), if a prescribed outage occurs in the SA planning portal during a period applying to an application under this subregulation, an additional period equal to the duration of the prescribed outage (as published in a notice under subregulation (9)) must be added to the period that applies under paragraph (a), (b), (c), (ca), (d) or (e) (as the case may be) (and, if relevant, paragraph (f)); and (jb) if paragraph (ca) applies and the development that is the subject of the application for outline consent is being assessed against a proposed amendment to the Planning and Design Code, an additional period equal to the time taken for the proposed amendment to be adopted by the Minister must be added to the period that applies under paragraph (ca); and (k) if the application is the subject of proceedings before the Court before it is decided by the relevant authority—an additional period equal to the time taken by the Court to determine the matter plus an additional period of 10 business days or such longer period as the Court may direct in the particular case. (2) For the purposes of subregulation (1), the relevant day is the day on which the relevant authority provides a relevant notice under regulation 31(1) or, if a later day, the day on which the appropriate fees have been paid by the applicant. (3) If 2 or more periods apply by virtue of the operation of subregulation (1)(g), (h) or (j) in a particular case, they will run concurrently. (4) In addition, if an application seeks more than 1 consent under the Act from the same relevant authority at the same time, the time within which the relevant authority should deal with the application under subregulation (1) will be— (a) unless paragraph (b) applies—the total of the relevant time periods that apply under that subregulation in relation to each consent; or (b) if the application is for planning consent and 1 or more consents required under section 102(1)(c), (d), (e) or (f) of the Act—the longest time period that applies under that subregulation in relation to any 1 consent. (4a) In addition, if an application was verified under regulation 31— (a) in less than the number of days prescribed for verification under regulation 31—an additional period equivalent to the remaining days prescribed for verification under that regulation must be added to the period prescribed in subregulation (1); or (b) in more than the number of days prescribed for verification under regulation 31—a period equivalent to the days by which the period prescribed for verification under that regulation was exceeded is subtracted from the period prescribed in subregulation (1). (5) Despite a preceding subregulation, where a council is acting as the relevant authority for the purpose of granting the final development approval under the Act and the council has received notice, via a scheme applying under the SA planning portal, that all relevant consents have been granted under Part 7 of the Act (and that none of those consents have lapsed), the council must, within 5 business days— (a) if the consents are consistent—grant the final development approval; or (b) if 2 or more consents are inconsistent—take reasonable steps to inform the applicant of the inconsistency. (6) If or when the council is satisfied that the consents are consistent with each other after taking steps under subregulation (5)(b), the council must grant the final development approval within 5 business days. (7) In addition, if the Commission is the relevant authority for the purposes of giving final development approval, the Commission should give that development approval within 5 business days from when all relevant consents have been granted under Part 7 of the Act (and none of those consents have lapsed) and the Commission is satisfied that those consents are consistent with each other. (8) The Chief Executive may, if satisfied that the SA planning portal, or part of the portal, is (or was) not operating or accessible to users for a period of time considered substantial by the Chief Executive, determine that an outage has occurred for the purposes of this regulation (a prescribed outage). (9) The Chief Executive must, as soon as is reasonably practicable after the conclusion of a prescribed outage, publish a notice on the SA planning portal that specifies— (a) the date of commencement of the prescribed outage; and (b) the duration of the prescribed outage (expressed in a number of whole business days, excluding any fraction); and (c) if the prescribed outage is in relation to part of the SA planning portal and a particular class of applications is affected by the outage—the class of applications affected. (10) If a prescribed outage is in relation to part of the SA planning portal and a particular class of applications is specified to be affected by the outage in a notice under subregulation (9), subregulation (1)(ja) only applies in respect of applications of that class. 54—Deemed consent notice (section 125(2)) (1) For the purposes of section 125(2) of the Act, a deemed consent notice will be in a form determined by the Commission for the purposes of this regulation (being in a form published by the Commission on the SA planning portal). (2) A deemed consent notice may be given to the relevant authority— (a) by notice lodged on the SA planning portal (and in accordance with any relevant requirements applying under Part 4 Division 2 of the Act); or (b) by registered post. 55—Notification of decision—accredited professionals (section 89) (1) For the purposes of section 89 of the Act, the following decisions are prescribed: (a) a decision to grant a planning consent or a building consent; (b) a decision to approve a variation to a planning consent or a building consent under regulation 65. (2) For the purposes of section 89(a) of the Act— (a) in relation to a proposed development that is to be undertaken in a part of the State that is not (wholly or in part) within the area of a council—the Commission is prescribed; and (b) in any other case—the council for the area in which the proposed development is to be undertaken is prescribed. (3) For the purposes of section 89(b) of the Act, the following information or documentation must be provided to the prescribed body in a case where subregulation (1)(a) applies: (a) a copy of the plans, drawings, specifications and other documents and information lodged by the applicant, endorsed with the accredited professional's consent; (b) a copy of any certificate, opinion or other document submitted to the accredited professional in connection with the application; (c) in relation to building consent—if the accredited professional has determined under section 118(2) of the Act that it is appropriate to grant the consent despite the fact that the development is at variance with the Building Rules— (i) notice specifying the variance and the grounds on which the determination is made; and (ii) if relevant, evidence of any concurrence of the Commission; (d) if relevant, a schedule of essential safety provisions in the appropriate form which sets out the matters to be specified under these regulations. (4) If an accredited professional assigns a classification to a building, or assigns a new classification to a building, the accredited professional must— (a) if the assignment is made in conjunction with the assessment of a development against the Building Rules and the granting of a building consent—at the time that the accredited professional notifies the council of the decision to grant the building consent; or (b) in any other case—within 5 business days after making the assignment, provide to the council notification of the classification assigned by the accredited professional, including information on— (c) the address or location of the building; and (d) if relevant— (i) the maximum number of persons who may occupy the building; and (ii) if the building has more than 1 classification—the part of the building to which the classification relates and the classifications currently assigned to other parts of the building. 56—Issue of building consent by other bodies If the Minister, the Commission or an assessment panel issues a building consent, it must provide to the council for the area in which the development is to be undertaken (if any)— (a) a copy of the plans, drawings, specifications and other documents and information lodged by the applicant, endorsed with the relevant consent; and (b) if relevant, a schedule of essential safety provisions in the appropriate form which sets out the matters to be specified under these regulations. 57—Notice of decision (section 126(1)) (1) In accordance with section 126 of the Act, notice of a decision on an application under Part 7 of the Act (other than Division 2 Subdivision 4 of that Part) must be given in a form determined by the Minister for the purposes of this regulation (being a form published by the Minister in the Gazette). (2) A notice under subregulation (1) must be given— (a) within 2 business days after the decision is made on the application; and (b) except in the case of a notice in relation to an application for outline consent—by providing notice via the SA planning portal (and, if it appears necessary, by giving notice to the applicant in some other way determined to be appropriate by the relevant authority). (3) If the decision provides for a planning consent, building consent or outline consent, the notice must include a statement advising the applicant that building work cannot commence unless or until the development has been approved under the Act. (4) The relevant authority must— (a) endorse a set of any approved plans and other relevant documentation with an appropriate form of authentication; and (b) ensure that the notice provided under this regulation includes the endorsed set of approved plans and other relevant documentation. (5) If the decision is in respect of a development approval that has required a building consent, the relevant authority must, in acting under subregulation (4), provide to the successful applicant a copy of the plans, drawings, specifications and other documents and information lodged by the applicant in accordance with the requirements of these regulations (endorsed as required by subregulation (4)). (6) A notice under this regulation may include any classification assigned to a building under section 151 of the Act. (7) If the decision is or includes a consent with respect to proposed building work, the relevant authority issuing the notice may specify any additional stage of building work for which notice must be given to the council under regulation 93. (8) In addition, if the decision is or includes a consent with respect to proposed building work for which a Statement of Compliance will be required, the notice must be accompanied by a notice indicating— (a) that the statement will need to be completed in accordance with the requirements of these regulations; and (b) that a blank copy of a Statement of Compliance is available on the SA planning portal; and (c) what (if any) certificates, reports or other documents will need to be furnished at the time of the provision of the statement. (9) A relevant authority that issues a notice under subregulation (1) must also provide the notice— (a) to any other relevant authority— (i) that has already given another development authorisation that relates to the same development; or (ii) that is considering an application for another development authorisation that relates to the same development; and (b) if the application was referred to a prescribed body under section 122 of the Act—to the prescribed body; and (c) if an owner of the land to which the application related was not a party to the application—to that owner. (10) The relevant authority must comply with subregulation (9) at the same time as the notice is provided under subregulation (2).