Under section 42 of the Planning, Development and Infrastructure Act 2016 (SA) (Act), the SPC can issue practice directions for the purposes of the Act. The SPC has now issued its first practice direction in relation to the EFPA under section 7 of the Act. The practice direction is aimed at specifying a step that must be taken if certain applications for land division within an EFPA are granted development approval.
Specifically, under section 7(5)(e) of the Act, a Relevant Authority is required to impose a condition in relation to the creation of one or more additional allotments stating that the additional allotments must not be used for residential purposes. The purpose of the practice direction is to provide guidance to Relevant Authorities in relation to a statement which should be included as a condition on any development approval. The condition should state that “additional allotments must not be used for residential purposes by virtue of the operation of section 7 of the Act”.
The practice direction does nothing more than provide wording to Relevant Authorities in support of the requirement under section 7(5)(e) of the Act.
If you would like any further information in relation to the practice direction, please do not hesitate to contact Kathryn Walker or someone from our team.