South Australian Current Regulations

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DEVELOPMENT REGULATIONS 2008 - REG 16

16—Nature of development

        (1)         If an application will require a relevant authority to assess a proposed development against the provisions of a Development Plan, the relevant authority must determine the nature of the development, and proceed to deal with the application according to that determination.

        (2)         If the relevant authority is of the opinion that an application relates to a kind of development that is described as non-complying under the relevant Development Plan, and the applicant has not identified the development as such, the relevant authority must, by notice in writing, inform the applicant of that fact.

        (3)         If an application in relation to a proposed development identifies the development as residential code development or designated development and the relevant authority is of the opinion that the development is residential code development or designated development, the relevant authority must, within 5 business days of receipt of the application, by notice in writing, inform the applicant of that fact.

        (4)         If an application in relation to a proposed development identifies the development as residential code development or designated development, but the relevant authority is of the opinion that the development is not residential code development or designated development, the relevant authority must, within 5 business days of receipt of the application, by notice in writing, inform the applicant of that fact and the reasons for the relevant authority's opinion.

        (5)         In this regulation—

"designated development" means development that falls within the ambit of any of clauses 3 to 9 (inclusive) of Schedule 1A.



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