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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Intensity of Development)
Bill 2017
A BILL FOR
An Act to amend the
Development
Act 1993
and the
Planning,
Development and Infrastructure Act 2016
.
Contents
Part 2—Amendment of Development
Act 1993
3Amendment of section 33—Matters against
which development must be assessed
33ASpecial provision relating
to assessment of certain developments
Part 3—Amendment of Planning,
Development and Infrastructure Act 2016
6Amendment of section 102—Matters against
which development must be assessed
102ASpecial provision relating
to assessment of certain developments
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Intensity of
Development) Act 2017.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Development
Act 1993
3—Amendment
of section 33—Matters against which development must be
assessed
Section 33(1)—after paragraph (e) insert:
(ea) if relevant—the considerations set out in section
33A;
After section 33 insert:
33A—Special provision relating to assessment of
certain developments
(1) If an
application for a development authorisation in respect of a proposed development
at a site located on a street—
(a) provides for
the division of land into more than the prescribed percentage of existing
allotments; or
(b) provides for the construction of more than the prescribed proportion
of existing dwellings,
the relevant authority must assess the proposed development
against—
(c) the effects of the proposed development (including matters such as
increased traffic flows) on the residents of the street, taking into account the
size, nature and design of the street; and
(d) any cumulative effect that the development might have on the amenity
of the street, when considered together with any other development on the street
that is—
(i) currently being undertaken; or
(ii) proposed to be undertaken; or
(iii) reasonably foreseeable.
(2) However,
subsection (1)(a)
only applies in relation to an application for a development authorisation
relating to land that is situated within—
(a) Metropolitan Adelaide; or
(b) if the land is not situated within Metropolitan Adelaide—the
area of a township.
(3) In this section—
prescribed percentage of existing allotments means 25% of the
total number of allotments on the street at the time of lodgement of the
application;
prescribed proportion of existing dwellings means 25% of the
total number of dwellings on the street at the time of lodgement of the
application.
After section 83 insert:
83A—Application of Part
To avoid doubt, nothing in this Part prevents a council from enforcing the
conditions of a development authorisation granted by the Development Assessment
Commission (and, in particular, a council may enforce such conditions using all
of the powers available to the council under this Act as if the council had
granted the development authorisation).
Part 3—Amendment
of Planning, Development and Infrastructure
Act 2016
6—Amendment
of section 102—Matters against which development must be
assessed
Section 102(1)—after paragraph (f) insert:
(fa) if relevant—the considerations set out in section
102A;
After section 102 insert:
102A—Special provision relating to assessment of
certain developments
(1) If an application
for a development authorisation in respect of a proposed development at a site
located on a street—
(a) provides for the
division of land into more than the prescribed percentage of existing
allotments; or
(b) provides for the construction of more than the prescribed proportion
of existing dwellings,
the relevant authority must assess the proposed development
against—
(c) the effects of the proposed development (including matters such as
increased traffic flows) on the residents of the street, taking into account the
size, nature and design of the street; and
(d) any cumulative effect that the development might have on the amenity
of the street, when considered together with any other development on the street
that is—
(i) currently being undertaken; or
(ii) proposed to be undertaken; or
(iii) reasonably foreseeable.
(2) However,
subsection (1)(a)
only applies in relation to an application for a development authorisation
relating to land that is situated within—
(a) Greater Adelaide; or
(b) if the land is not situated within Greater Adelaide—the area of
a township.
(3) In this section—
prescribed percentage of existing allotments means 25% of the
total number of allotments on the street at the time of lodgement of the
application;
prescribed proportion of existing dwellings means 25% of the
total number of dwellings on the street at the time of lodgement of the
application.
After section 212 insert:
212A—Application of Part
To avoid doubt, nothing in this Part prevents a council from enforcing the
conditions of a development authorisation granted by the Commission (and, in
particular, a council may enforce such conditions using all of the powers
available to the council under this Act as if the council had granted the
development authorisation).