In this guide
At the end of the assessment process, a decision is granted or refused by a relevant authority.
Once a decision has been made, you’ll receive a decision notification form (DNF).
Planning consent decision notification form
Specific notes or conditions may be included on the DNF to ensure that any minor outstanding items are addressed before full development approval is granted.
Notes or conditions may be included to impose on-going requirements that apply for the life of the development.
Seeking a review or lodging an appeal of a decision
If you disagree with a decision about a development you may be able to seek a review or lodge an appeal against that decision. Your avenues for review or appeal will depend on the category of development and who assessed the application.
Who can appeal
The ability to lodge an appeal may vary depending on a development application’s category or classification.
| Assessment category | Who can appeal |
|---|---|
Accepted/Code Assessed – Performance Assessed |
|
Impact Assessed - Code Restricted |
|
Impact Assessed by the Minister |
|
Lodging a review of a decision to an Assessment Panel
If your development application was assessed by an assessment manager acting as a relevant authority, you may apply to the relevant assessment panel for a review of the decision (or lodge an appeal directly with the Environment, Resources and Development (ERD) Court).
To lodge a review to the Assessment Panel you need to:
- fill in an application for assessment panel review of assessment manager's decision form
- email to the relevant assessment panel, or deliver to the principal office or address of the relevant assessment panel.
If you are unhappy with the outcome of the assessment panel’s review, you may still lodge an appeal with the ERD Court.
The Environment, Resources and Development Court
If you are unhappy with a decision of a relevant authority, you may appeal the decision to the ERD Court. The ERD Court deals with a range of planning, heritage, building and environmental matters and one of its roles is to decide on appeals lodged by applicants dissatisfied with a development application decision by a council or the State Commission Assessment Panel (SCAP).
An appeal can relate to:
- a refusal
- an approval/consent
- a condition of approval/consent.
To lodge an appeal with the ERD Court, you need to:
- fill in a notice of appeal form
- attach a copy of the decision you are appealing against
- send the documentation to the Environment, Resources and Development (ERD) Court
- pay the court fee.
The court also deals with breaches of planning laws, such as when development is undertaken without approval or if work is carried out that is not in the conditions of approval.
When a breach of law occurs, the council or the SCAP may request the court to order a person to stop work and remedy the situation, or to prosecute the person.
Restricted Development – seeking a review of the SCAP’s decision to not proceed
As the State Planning Commission’s (Commission) delegate, the SCAP may refuse an application classified as restricted development without proceeding to make an assessment of the application. An applicant may seek to have this decision reviewed by the Commission itself.
The Commission may either affirm the decision of the SCAP or refer the matter back to the SCAP with a direction that the application be assessed.
To lodge a review to the Commission you need to:
- fill in an application to the State Planning Commission for a review of a decision not to proceed form
- email to the State Planning Commission at saplanningcommission@sa.gov.au.
There is no right of appeal to the ERD Court against the delegate’s or the Commission’s decision to not proceed.
If, however, the application for development authorisation progresses to assessment, a right of appeal to the ERD Court against the final decision of the SCAP does exist.
