What we are seeing on the frontline of Urban Development.

A part of our role in the industry we make contact with most metropolitan Adelaide Council on a weekly basis and deal with a huge variety of applications. We see the trends emerging as policies, legal advice or case law becomes available to Councils and assessing officers. Every Council and every assessor sees things slightly differently, but we thought we would share five trends we are seeing consistently from Councils in Adelaide.

1. Hammerheads are on the out.

It is clear to us that most metro Councils see hammerhead or battle-axe style development as a poor outcome. Most Councils are now pushing back as much as possible and will make developers tick almost every requirement of the planning code before issuing a consent. If the development falls short in even one area the Council is likely to issue a refusal. It’s important to ensure your property will meet all requirements before lodging as a poor hammerhead or battle-axe development has no chance.

2. Consistency is king.

There is a general feeling among most developers that as long as you are doing something which is consistent with other development happening in the locality, you have a good shot at approval. This argument has been strengthened further though recent case law (Vikhlyaev v City of West Torrens Assessment Manager) which means Councils are now placing a greater emphasis on achieving consistent frontage widths and allotment sizes within established areas. Keep in mind this doesn’t carry as much weight in more progressive zones with an emphasis on higher density development as long as you are meeting the wider desired outcomes and performance outcomes.

3. Street trees generally need to stay.

Street trees are often overlooked by developers and seen as an added cost but not a barrier to development proposals. We are finding more than ever that Councils are tightening their street tree policies and making it increasingly difficult for developers to gain approval for street tree removal. This doesn’t just apply to healthy and mature trees either. Some Councils are enforcing protection of younger trees as a method to sway development outcomes and progress urban greening. As most of these policies are outside of the Planning and Design Code, the final decision often lies with the Council arborist assessing against a Council policy.

4. Every division needs a levels survey (technically).

Many smaller developers undertaking a quick and easy one into two land division have been slammed with the added cost of a levels survey for even the flattest of allotments. The Planning, Development and Infrastructure Regulations Schedule 8 requires that every land division application is lodged with a levels survey if the assessing officer deems it relevant to the assessment. Many Councils are now requesting submission of a levels plan as a mandatory requirement for any land division, so pencil this cost into your development budget to avoid getting stung.

5. Lost in the ether.

The Plan SA Portal was introduced to most of the state in March 2021. It has had its fair share of problems, of which many have now been fixed or improved. We still find that for processes which are not standard, or for things that don’t go quite to plan the portal still struggles. Often notifications are not sent or assessment days do not count down once a response is provided. Without regular tracking and follow ups with assessment officers, these can go unnoticed and your application may be sitting idle until it is brought to attention. When in doubt, always check in with your assessment officer to make sure things are running smoothly.

If you think any of these trends may affect your ability to develop, get in touch for a chat today. Each Council is different so you may be in for a fight or perhaps it will be easier than you think. To follow along and find out more about client stories just like this one, make sure to follow any of our social media channels to stay updated.