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Planning EnvironmentSAHARD

Under the PDI Act 2016, what rights do third parties have to appeal a development decision in SA?

Correct Answer

C) They are limited, mainly to representors on notified performance-assessed development

Under the PDI Act 2016, third-party appeal rights are limited. In general, a person who made a representation on performance-assessed development that required public notification can appeal to the Environment, Resources and Development Court. Deemed-to-satisfy development, and development that was not notified, carries no third-party appeal right.

Answer Options
A
Third parties can appeal against any development approval granted anywhere in SA
B
Third parties have no appeal rights of any kind under the SA planning system
C
They are limited, mainly to representors on notified performance-assessed development
D
Any adjacent owner can appeal against any decision, whether or not it was publicly notified

Why This Is the Correct Answer

Third-party appeal rights under the PDI Act 2016 are limited. The main right belongs to people who made a representation on performance-assessed development that was publicly notified.

Why the Other Options Are Wrong

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Key Terms:

third party appealpublic notificationERD Court
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