New class of accepted development introduced by Planning, Development and Infrastructure (General) (Temporary Accommodation) Variation Regulations 2021
Regulations gazetted on 23 September 2021 (pages 3608-3609) have introduced a new form of accepted development within Schedule 6A of the Planning, Development and Infrastructure (General) Regulations 2017 (Regulations).
A new clause 2 has been inserted to Schedule 6A (Accepted Development) of the Regulations, effective from 23 September 2021 and expiring 30 April 2022, which classifies as accepted development:
“The construction or placement of a temporary building or structure on land within a designated area to be used as accommodation by persons employed or engaged in seasonal work within the region in which the designated area is located.”
Accepted Development
Accepted development does not require planning consent. The Planning, Development and Infrastructure Act 2016 (Act) prescribes that development can be classified as accepted development by either the Planning & Design Code or the Regulations.
Previously, the only form of accepted development classified by the Regulations was horticultural netting.
Presumably, in the case of temporary accommodation, both the proposed building work and any associated change of use of the land within a designated area will be considered accepted development under this new clause.
Designated Areas
By notice published on the SA Planning portal (link), the first designated areas for the purposes of the new regulation are identified as grain silo sites owned by Viterra in the regional areas of Bowmans, Kimba, Pinnaroo, Rudall, Snowtown, Witera, and Wolseley.
It is conceivable that other locations may be nominated as designated areas by way of subsequent notice or notices published on the SA Planning Portal.
Relevant Authority
Pursuant to a new clause 15 in Schedule 6 of the Regulations, the State Planning Commission (Commission) will be the relevant authority for issuing consents and granting development approval for “temporary accommodation for seasonal workers” within a “designated area”.
It is possible that the Commission will refer matters involving building work to the relevant councils within which the designated areas lie, in accordance with Section 99(1) of the Act. Where this occurs, the council will become the relevant authority for issuing any building consent and, if appropriate, granting development approval, pursuant to Section 99(2) of the Act.
For more specific information on any of the material contained in this article please contact Gavin Leydon on +61 8 8210 1225 or gleydon@normans.com.au Nicholas Munday on +61 8 8217 1381 or nmunday@normans.com.au.
