How to Beat Council and Plan SA
Tips and Tricks to Push the Limits on Your Planning and Development Consent
How do we beat the Council? How do we get this development through Plan SA? How do I get an undersized development approved? Can you force this through the Council? These are just some of the questions we as planning and development consultants often receive from new clients. Unfortunately, the answers aren’t that simple, and there usually isn’t a way to beat the system every time without fail. Here are a few tips to consider when reviewing a potential development site to help ensure you’re on track for development approval!
My site is too small for development, can I still do it?
A site that doesn’t quite meet the minimum lot size isn’t necessarily a dead end. A planning assessment involves many elements, and being slightly short on one aspect is usually not enough for refusal on its own. But what qualifies as “slightly short,” and what crosses the line? Unfortunately, the answer isn’t simple, as each Council’s planning department—and even individual planners—have different tolerances for site area shortfalls. It’s important to note that the commonly mentioned “10% shortfall rule” does not actually exist, and further analysis is needed to determine whether the shortfall will be acceptable. We work with planning departments every day, so we have a good understanding of their varying tolerances and can advise you on whether your proposal is pushing the limits too far.
I’m building affordable housing—can I exceed the usual limits?
Another common misconception is that affordable housing allows for a ‘do whatever you want’ assessment criteria. This is simply not true. While there are some allowances for those constructing affordable housing, the broader development must still function well and remain consistent with the character of the locality. There may be reductions in minimum site area and other requirements for new dwellings built as affordable housing, but developers must enter into an agreement with the Housing Minister to activate these reductions. This agreement will also lock you into future maximum sale prices, which could be a deal breaker.
A development near me doesn’t meet the code—can I do the same?
Many clients ask this question, assuming that if a development three streets away doesn’t meet the code, they can propose similar shortfalls for their own project. However, the issue of precedence is tricky. Unless a consistent theme is common in your street, shortfalls on one or two nearby developments may not be enough to justify similar shortfalls on your property. Another complexity to consider is the significant changes to the planning system since 2021. To fully understand what shortfalls may be allowed on your site, a preliminary site and locality review will need to be conducted by your planning consultant.
I want to propose something that’s not permitted in the zone, but since it benefits the Council, that should be acceptable, right?
Wrong! Just because something may benefit the Council economically does not justify a development that is inconsistent with the planning policies for that site. The planning system in South Australia is governed by a state-based code, and the Council cannot simply ignore the requirements of the Planning and Design Code. While a development with economic benefits to the Council may help expedite the process and encourage greater collaboration, if it doesn’t comply with the policies, it won’t be approved. However, for developments of certain significance, you may be able to bypass the Council and have the State Commission assess the project, where more flexibility might be granted.
These are just a few of the common questions we receive about navigating planning assessments and trying to beat the system. While there is some flexibility, it’s always a careful balancing act, and each Council has its sticking points. If you have a site or proposal that may require some leniency or you want to push the envelope, give CPD a call. We know the Councils well and understand what is likely to work and what the planning code simply won’t accept.
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