Insights / November 9th, 2017

The impact of intense developments on existing residents

The Statutes Amendment (Intensity of Development) Bill 2017 proposed by the Hon Tom Kenyon MP amends the Development Act and PDI Act, for any developments within Metropolitan Adelaide or in a township outside Metropolitan Adelaide (Greater Adelaide in the PDI Act) that provide for either:

  • a land division constituting more than 25% of the existing allotments on the street; or

  • the construction of more than 25% of the total number of existing dwellings on the street.

Such ‘intense developments’ will require the relevant authority to consider the effect of the proposed development on:

  • the existing residents of the street, taking into account the development’s size, nature and design;

  • increased traffic flows; and

  • the cumulative effect the development might have on the street’s amenity, taking into account any current, proposed or reasonably foreseeable development.

The bill does not provide any detail on what ‘reasonably foreseeable’ development means or how that could be factored into the assessment process. Obviously, consideration of proposed or reasonable foreseeable development would cause significant impediments to approvals where proposals may not ever proceed.

Further, the proposed amendment would seem to go beyond the public consultation requirements under the Development Act and potentially extend consideration beyond notification categories.

If you would like more information about the proposed amendment please contact Kathryn Walker or Leah Cowell.