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GUIDE FOR APPLICANTS Submitting an application for approval of development outside council areas Development Act 1993

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Page 1: Submitting an application for approval of development outside council areas · 2013-11-25 · SUBMITTING AN APPLICATION FOR APPROVAL OF DEVELOPMENT OUTSIDE COUNCIL AREAS Proposals

GUIDE FOR APPLICANTS

Submitting an application forapproval of development outsidecouncil areas

Development Act 1993

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Planning SAPrimary Industries and Resources SA

136 North TerraceAdelaideGPO Box 1815South Australia 5001www.planning.sa.gov.au

FIS 22516

Amended June 2006

GUIDE FOR APPLICANTS

Submitting an application forapproval of development outsidecouncil areas

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SUBMITTING AN APPLICATION FOR APPROVAL OF DEVELOPMENT OUTSIDECOUNCIL AREAS

Proposals for development of land in South Australia require approvals relating to planning impacts, and to theBuilding Rules. The decision-maker in much of the northern areas of South Australia, where there is no localgovernment, is the Development Assessment Commission. The Commission is an independent statutory body,based in Adelaide and has expertise in the planning and building fields. All development of land requires approval.Development includes building work, land use changes and subdivision. All development requires a planningconsent. In addition, all buildings and structures require a building consent.

For most development the process is relatively quick and straightforward. However, in order to make a decision,the Commission requires an application with sufficient background information on the proposal.

When proposing to undertake development in the AP Lands, an applicant must provide evidence that they haveobtained approval from the owners of the Lands.

An application for Development Approval must be accompanied by at least two copies of the plans, drawings,specifications and other documents relating to the development, and the appropriate application fees.

To make the application process easier, this document provides some guidelines and a checklist.

What are the rules?The Development Act 1993 is the legislation which governs development and building work in South Australia.

Under this Act, planning consent applications are assessed against the Development Plan for out of council areas.This plan defines areas of environmental or resource protection significance, and establishes provisions to guidethe design and location of development.

The legislation also refers to the ‘Building Rules’, which include the technical requirements of the Building Code ofAustralia, and the South Australian Housing Code. All development must be approved in accordance with theDevelopment Act, and must be performed in accordance with the approval issued under the Development Act.

Depending on the type of development, approval is normally granted after obtaining various ‘provisional consents’.In most cases, provisional development plan consent (planning consent) and provisional building rules consent(building consent) must be obtained before Development Approval is granted. If the Building Rules do not apply tothe proposed development, much of the information specified in this brochure will not be required. A privatecertifier may be engaged to undertake the Building Rules assessment, or the Commission can undertake theassessment and issue the building consent

Assessment against the Development PlanDevelopment must comply with the planning principles set out in the Development Plan. In some cases theCommission will notify neighbours of applications, and on occasions, appeals rights will be available.

Building Code of Australia or South Australian Housing Code?A building must be designed and constructed in accordance with the technical requirements of the Building Codeof Australia or, if the proposed development is a detached dwelling, it may be designed and constructed inaccordance with the SA Housing Code (not both). The applicant must nominate when lodging an application for abuilding consent for a dwelling whether the documentation has been prepared using the Building Code or the SAHousing Code.

What standard of documentation is required?In order to obtain approvals, the developer can choose to lodge a single application for both planning and buildingconsent or can choose to seek planning consent first, prior to submitting more detailed plans for building consent.When submitting an application to the Commission you must indicate which consents are being sought from theCommission. The attached checklists can be used to determine what documents are required. The documentsmust include enough information to show that the building, when constructed, will comply with all aspects of theBuilding Rules.

As a general guideline, the documentation should provide enough information for a builder to construct thebuilding exactly as required by the client, without the need to refer back to the client with queries.

The South Australian Housing Code includes examples of the type and standard of documentation expected.

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Can I prepare the drawings myself?Yes. However, if you do not have expertise in the preparation of documentation for a development application, andfor building construction, it is highly recommended that you engage a consultant to prepare the documentation foryou.

A lack of information will result in delays to the approval process whilst the required details are sought from theapplicant.

What documentation is required for second hand transportable buildings?Second hand transportable buildings are unique because documentation is not always available with the building.However, the placement of a building on a new site constitutes both development and building work, andtherefore requires development approval and complete documentation as though it were a new building.

A special checklist for second hand transportable buildings is available from the Commission which allows forspecific structural considerations.

Photographs of the building are useful, especially the four external sides of the building, waterproofing of wetareas, bathrooms, laundries, toilets etc, plus any close-up photos of structural details.

Fees payableFees are payable for applications for a provisional development plan consent, a provisional building rules consentand for development approval. The fees are as prescribed in Schedule 6 of the Development Regulations 1993.Assessments will not commence until the relevant fees have been paid to the Commission.

Construction Industry Training Fund Levy: Regulation 79 appliesThe Construction Industry Training Fund Act 1993 commenced operation in September 1993. The Act provides for the collection of a levy of 0.25% of the value of all building and construction activity in SouthAustralia over a threshold. The monies raised form an industry training fund.

The legislation states that the relevant authority ‘may not grant provisional building rules consent unless it issatisfied that the levy has been paid’.

The levy is calculated by multiplying the development cost (as stated on the application form) by 0.25%.

The project owner must complete a form and forward the form with the levy payment to the Construction IndustryTraining Board or a collection agency.

Note: Some local councils act as a collection agency for the levy.

It is necessary for the applicant to forward a copy of the form, showing receipt of payment, to this office, so thatprovisional building rules consent may be granted.

If you have any enquires regarding this levy, contact the Construction Industry Training Board on (08) 8373 4744.

Building Indemnity Insurance: Regulation 21 appliesThe owner of land on which domestic building work is to be performed must ensure that a certificate of insurancein relation to that work is lodged with the Development Assessment Commission.

Where the domestic building work contract for that building work has been entered into before the lodgement ofan application for provisional building rules consent under section 33(b) of the Act; or the domestic building workis to be performed by a builder on the builder’s own behalf, the certificate of insurance is to be lodged at thesame time as the application for provisional building rules consent is lodged under these regulations.

In any other case the certificate of insurance is to be lodged on or before the giving of notice of commencementof building work (regulation 74).

Lodgement of applicationApplications for approval of development outside council areas must be lodged with the Development AssessmentCommission, Level 5, Roma Mitchell House, 136 North Terrace, Adelaide.

Postal address:GPO Box 1815, Adelaide 5001.

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Documentation checklist for development applications—out of council areas

Note: Additional information may be required for heritage items or places

Designed in accordance with:❒ South Australian Housing Code; or❒ Building Code of Australia

Forms, fees, documents❒ Development application form completed* ❒ Application fees*❒ Copy of building indemnity insurance certificate, if applicable

(may be submitted after approval, but on or before commencement of building work)❒ Copy of construction industry training levy payment form, indicating receipt of levy payment

(must be paid before provisional building rules consent can be granted)❒ Two copies of plans and documents*

Site plan - (minimum scale 1:500) to show the following

❒ Boundaries, site dimensions and relevant easements* ❒ Building outline with dimensioned setbacks from boundaries*❒ Existing buildings and structures on the site (if applicable)*❒ Finished floor level*❒ Site levels*❒ Show any trees that are located within 10 metres from the building

(if none, state in writing on the site plan)*❒ Stormwater disposal system❒ Approximate line of sewer run, in relation to footings (if applicable)❒ North point*❒ Details of effluent disposal ie septic tank system (if applicable)*❒ Details of any significant excavation (if applicable)❒ Location of driveways on to the site*

Additional information for sloping sites (where applicable)❒ Contours* ❒ Cut and fill line*❒ Angle of batter—cut or fill, where applicable❒ Proposed retaining walls, position and height

Floor plan - (minimum scale 1:100) to show the following

❒ Location of all rooms within the proposed building including any existing rooms*❒ All applicable dimensions (overall, rooms and wall thicknesses)*❒ Control joint locations in masonry walls (if applicable)❒ Brick pier sizes and reinforcement (if applicable)❒ Smoke detector locations❒ Minimum sanitary facilities (for Class 1 dwellings - kitchen sink and space for preparing

food, bath or shower, closet pan, handbasin, wash tub and space for washing machine)*❒ Location and details of any rainwater tank required to be plumbed to a dwelling

Elevations and sections - (minimum scale 1:100) to show the following

❒ Floor height above ground level*❒ Floor to ceiling heights*❒ Access steps (if applicable)❒ Roof Pitch*❒ Type of roof and wall cladding*❒ Internal wall linings and ceiling sheeting❒ Control joints (if applicable)

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Plan and section details❒ Where required to clarify methods of construction or design❒ Details of waterproofing of wet areas (refer Minister’s Specification SA F1.7

Waterproofing of wet areas in buildings - available from Planning SA)

Footing layout plan - (minimum scale 1:100) if applicable to show the following

❒ Soil test / information❒ Beam locations and dimensions❒ Pier locations (if applicable)❒ Cut and fill line (if applicable)❒ Reinforcement specifications, including ligature details❒ Concrete slab thickness and reinforcement❒ Specifications and details of damp proof membrane❒ Footing on boundary details (if applicable)

Timber framing plan - (minimum scale 1:100) if applicable to show the following

❒ Wall and roof framing layout, nominating all member sizes and positions❒ Wall bracing details and tie down details, in accordance with the designated wind speed

for the site location❒ Roof truss layout and manufacturer’s bracing and tie down specifications

(where roof trusses are used)❒ Floor framing design and member sizes (where applicable)❒ Lintel sizes and locations❒ Specify types and stress grades of timbers

Steel framing plan - (minimum scale 1:100) if applicable to show the following

❒ Steel framing details and engineer’s calculations ❒ Details as required for timber framing plan

Specification❒ Specification of materials and workmanship❒ Specifications of method of protection from termites❒ Evidence that the building achieves the required level of energy efficiency for the relevant Climate Zone

(house energy rating report or deemed to satisfy)❒ Details indicating the hot water system meets any energy efficiency requirements

‘Information required for second hand transportable buildingsNote: Photographs of the building are useful, especially the four external sides of the building, waterproofing of wet areas

(bathrooms, laundries, toilets etc), plus any useful close-up photos of structural details.

A checklist is available for information/documentation required to be submitted for second hand transportablebuildings.

Sheds, garages and other outbuildings (where applicable)Note: Information required to be submitted with the development application.

❒ Dimensioned site plan, floor plan, elevations and section*❒ Setbacks from boundaries and other buildings*❒ Details of structural components (available from shed supplier)❒ Concrete floor details (if applicable)❒ Wall and roof cladding*❒ Stormwater disposal system

* Denotes the documents required to be lodged with the Development Application when only a provisionaldevelopment plan consent is sought.

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The following material is provided for reference purposes only. Dimensional drawings have been reduced forpublication and are not to scale.

Example of documentation to be provided to the approving authority

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Example of documentation to be provided to the approving authority

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Example of documentation to be provided to the approving authority

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Example of documentation to be provided to the approving authority

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Example of documentation to be provided to the approving authority

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Example of documentation to be provided to the approving authority

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Note: although the following is not a mandatory requirement to be provided to the approving authority, theinclusion of a copy of such a statement with the documentation may provide clarification, and speed the approvalprocess

Example of deemed-to-satisfy documentation to be provided to the approving authority forresidential building work

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Example of deemed-to-satisfy documentation to be provided to the approving authority forresidential building work

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Example of house energy rating documentation to be provided to the approving authority forresidential building work

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Example of house energy rating documentation to be provided to the approving authority forresidential building work

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Example of house energy rating documentation to be provided to the approving authority forresidential building work

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Example of house energy rating documentation to be provided to the approving authority forresidential building work

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Example of documentation to be provided to the approving authority

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Example of documentation to be provided to the approving authority

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Example of documentation to be provided to the approving authority

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While the Development Assessment Commission is an independent authority, it is provided with advice andadministrative support by the Primary Industries and Resources SA.

Further information:

Advice on Development Plan Consent contact:

Development Assessment Branchphone (08) 8303 0731email [email protected] www.planning.sa.gov.au/go/development-applications

Advice on Building Rules Consent contact:

Building Policy Branchphone (08) 8303 0602email [email protected] www.planning.sa.gov.au/go/building