How to submit a Development Application with Council?
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All development in the Flinders Municipality must address the Flinders Planning Scheme 1994* – a legal document that Council is obliged to uphold. Your proposal may be treated a number of ways under the Planning Scheme, some of which are outlined below:
*The Flinders Planning Scheme 1994 is an extensive legal document. Whilst all attempts are made here to simplify planning matters, it still may be a very convoluted process for some developments.
I think I’m Exempt?
Your proposal may be exempt from needing a Planning Permit – see the List of Exemptions in Part 3 of the Flinders Planning Scheme 1994. The majority of exemptions listed in the scheme may be undertaken without Council consultation. However, if you are unsure if your proposal is exempt, you should speak with a Council Officer. The Officer may recommend that you submit relevant details for an assessment, which will result in either ‘exemption certification’ being issued or confirmation that your proposal requires a Planning Permit. This consultation service is free of charge.
Looks like I need a permit…what should I do?
You will need to submit a valid Planning Application with the following documents:
- Completed Council Development Application form and checklist
- A copy of your Title including folio map and folio text.
- A site plan of the subject land and some of the adjoining land; that is, include everything that already exists on the land plus all that is being proposed. Some indication of what is happening on neighbouring land is always useful, too.
- Elevations of proposed development.
Note: You can apply for multiple developments and/or uses in the one Council Development Application. As such, you may wish to take into consideration during the application process any future plans for the proposed site.
What happens now I have all my application details together?
Please submit your completed application to Council; if anything is missing, you will be asked to submit it at a later stage. A Council Officer will be in contact within a few days of your submission to notify you if your application is ‘permitted’ or ‘discretionary’. At this stage, they will also be able to tell you how much the application will cost. Please see the Flinders Council fees and charges booklet for further details.
If you decide to go ahead with the application, it will then be submitted to a consultant planning team made up of senior town planners. You may receive a letter from the planning team asking for further information, and you can always call Council for clarification or help with such requests.
Click here to view a flowchart of how the Development Application process works.
Under the Land Use Planning Approvals Act 1993, Council is required to make a decision on your application within 42 days from submission. If Council requires additional time to decide, they will request this formally from the applicant.
What does it mean if my application is permitted?
A 'permitted' application means that your proposal met the requirements of the Flinders Planning Scheme 1994. For example, you may have proposed to build a house in a Village Zone and met all height and setback parameter restrictions. In such cases, Council Officers are able to complete the assessment in-house and do not have to notify/consult the general public to do so. Consequently, relatively less work is involved in processing this type of application and the application fee is minimal.
What does it mean if my application is discretionary?
If you are advised that your application is 'discretionary' it means that there is at least one area that might allow for your application to be refused. Discuss this with Council, as there are many things that might lead to an application being deemed discretionary.
The major difference between a permitted and a discretionary application is that the latter must be publically advertised for 14 days, during which time the public is allowed to submit formal comment to Council. Discretionary applications incur higher fees because of the costs associated with advertising and processing.
I’ve got a Planning Permit… what now?
Read your conditions! If the permit is for a built structure you may need to apply for a Building Permit – see the Building Application page.
The Planning Permit will last for 2 years. To ‘activate’ the permit, you must make a substantial start on the matters approved in the permit within 2 years. Once ‘activated’, the permit should remain that way. It is never ‘closed’ or ‘completed’, as such, but remains with the property forever. This means that any conditions of the permit must continue to be complied with as long as it remains active, which may be many years.