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

Q: What is the correct answer to: Under the PDI Act 2016, what rights do third parties have to appeal a development decision in SA?

The correct answer is Third party appeal rights are limited; they generally only apply to certain categories of performance-assessed and impact-assessed development where public notification was required. Under the PDI Act 2016, third party appeal rights are limited to certain performance-assessed and impact-assessed developments where public notification was required. Deemed-to-satisfy code-assessed developments generally do not attract third party appeal rights, as compliance with quantitative criteria is considered sufficient.

Q: What background knowledge is needed for this Planning Environment question?

SA's approach to third party appeals reflects a national trend towards limiting appeal rights for compliant developments. The Environment, Resources and Development (ERD) Court hears planning appeals. The PDI Act's notification and appeal framework is more restrictive than the former Development Act 1993.

Q: What is a good way to remember the answer to this Planning Environment question?

Third party appeals only for notified performance-assessed and impact-assessed developments. No appeals for deemed-to-satisfy approvals. Remember: public notification is the gateway to third party appeal rights.

Q: What exam tip applies to this Planning Environment question?

Third party appeals are limited, not universal or nonexistent. Key trigger: public notification was required for the development.

Q: How does this Planning Environment concept apply in Australian real estate practice?

A neighbour objects to a new apartment building assessed as performance-assessed development. Since public notification was required and they lodged a representation, they can appeal the approval to the ERD Court. However, their neighbour's compliant carport (deemed-to-satisfy) cannot be appealed.

Question

Planning EnvironmentSAHARD

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

Answer Options

A

Third parties can appeal all development decisions

B

Third party appeal rights are limited; they generally only apply to certain categories of performance-assessed and impact-assessed development where public notification was required

C

Third parties have no appeal rights in SA

D

Only adjacent property owners can appeal any decision