Lodging An Application
What needs approval?
The Development Act states that no development can begin unless it has the approval of the relevant authority, which in most cases is the City of Mitcham, including:
- the construction, demolition or removal of a building;
- a change in the current use of the land;
- land division;
- construction or alteration of a road, street or thoroughfare on land (including excavation or other preliminary or associated work);
- creation of fortifications;
- in relation to a State heritage place - the demolition, removal, conversion, alteration or painting of, or addtion to the place, or any other work that could materially affect the heritage value of the place;
- in relation to a local heritage place, the demolition, removal, conversion, alteration or external painting of, or addition to the place, or any other work that could materially affect the heritage value of the place
- anything that modifies a designated heritage item or place is development as defined in the Act and therefore requires Development Approval;
- advertising signage; or
- in relation to a regulated tree - any tree damaging activity.
Certain minor activities or building work are excluded by Regulation from this definition and do not need approval. However, you should always contact Council first to make sure. These exemptions are quite limited and normally you can expect that an application will be required. Please refer to the "Exempt Development" information sheet.
The approval process involves separate assessments against various criteria. The first is against planning policies covering the area in question and is known as the Development Plan Consent (Planning). The second is against technical standards set out in the Building Code and various Australian Standards and is known as the Building Rules Consent (Building). These two consents make up the Development Approval you need to proceed with your development.
It is important to understand that you cannot start work on any development until the relevant authority issues this approval notice. Otherwise you can be liable for heavy penalties including exemplary damages and/or a daily fine for each day the offence continues.
How do I make an application?
You must complete the relevant development application form that covers planning and building process. For dwellings and additions that fit within the Residential Development Code, a separate development application form is required. For further information on Residential Code development please refer to the following website - www.sa.gov.au/planning/rescode
The development application form is lodged with Council (unless it is for land division where it is lodged with the Development Assessment Commission or a proposal that falls within the Residential Code criteria where it can be lodged with a private certifier or Council) either personally, post or email. You must also include all relevant plans and supporting information.
Are there any costs involved?
When you make your application you will need to pay a lodgement fee and any other fees that may apply. Council is not required to deal with your application until all fees are paid and information received. Council will then register your application and begin assessing it against the provisions in the Act.
Should you development exceed $15,000, payment of .25% of the value must be paid to the Construction Industry Training Fund Levy Board. Proof of payment must be provided to Council prior to Development Approval being granted.
What happens with my application?
Firstly, Council checks that all the information needed to assess the proposal is included with the application.
If not, you will be advised as to what other information you need to supply.
If the public needs to be notified of your proposal, Council will do so. It will also refer the application to other government agencies if necessary as specified by the Development Regulations.
From this consultation, reports are put together and taken into consideration. Only then can a decision be made. This must be done within certain time limits. These reports can be binding on Council or of an advisory nature only, depending on the type of development and its location.
After my approval - what notifications are required?
If building work is being carried out within the council area then the licensed building work contractor who is carrying out the work or who is in charge of carrying out the work or if there is no such licensed building work contractor, the building owner must notify the council within the following prescribed period:
- 1 business day's notice of the intended commencement of building work on site;
- 1 business day's notice of the intended commencement of any stage of the building work specified by the council by notice in writing to the building owner on or before development approval is granted in respect of the work;
- 1 business day's notice of intended completion of any stage of the building work specified by the council by notice in writing to the building owner on or before development approval is granted in respect of the work;
- 1 business day's notice of the completion of all roof framing forming part of the building work (including top and bottom chord restraints, bracing and tie-downs);
- 1 business day's notice of completion of the building work.
Notice can be given to council by post, fax, telephone, email or coming in personally and leaving a written notice with a duly authorised officer of the council.
The above information is advisory and a guide only to give you a general understanding of the key points associated with the approval system.
It is recommended that you seek professional advice or contact the City of Mitcham by emailing your query to the Development Team or calling 8372 8888 regarding any specific enquiries or for further assistance concerning the use and development of land. Being properly prepared can save you time and money in the long run.