Applications on Public Notification
Certain development applications require public notification to ensure that adjoining residents and the community at large are notified of developments that may impact upon them, and allow them an opportunity to object to the proposed development.
The Development Act 1993 and associated Development Regulations 2008 are quite prescriptive in terms of which applications require public notification and the level of public notification that is required for each development across the State. Therefore Council has minimal discretion in terms of choosing which level of public notification is required for each development as it is required to adhere to the Development Act.
The Development Act and Regulations assign Public Notification Categories to various types of development and these are summarised as follows:
Category 1 - No public notification is required. No adjoining property owner or other third party has the opportunity to object to the application. This is assigned to most minor developments.
Category 2 - Adjoining owners are notified of the development. Letters are sent to adjoining property owners. Only those who have received letters directly from Council have the opportunity to object to the application. This is generally assigned to developments that may have local impacts.
Category 3 - Adjoining owners and the general public are notified of the development. Letters are sent to adjoining property owners and a public notice is placed in the Bunyip newspaper. Everyone has the opportunity to object to the application. This is generally assigned to developments that may have wider impacts, and/or are inconsistent with the relevant zone provisions.
Anyone who has been notified has the opportunity to lodge a written submission either objecting to the application or suggesting changes that would lessen the impact of the development on them or others. This can be done by completing the representation form attached to the notice, and/or you may include any letters, photographs etc. which would support your argument if you wish.
A copy of the representation form can be downloaded HERE
To submit your representation you may:
- email it to firstname.lastname@example.org;
- post it to PO Box 130, Gawler SA 5118;
- fax it to (08) 8522 9292; or
- submit it in person at Town of Gawler Administration Centre, 43 High Street, Gawler East (opening hours: 9am - 5pm).
To be effective it is encouraged that any submissions:
- Address only relevant planning issues as expressed in policies contained in Council's Development Plan - available here
- Be objective, succinct, and to the point
- Offer solutions on how concerns may be overcome
- Be submitted on or before the due date
If a representation is received, it is then forwarded to the applicant who has two weeks to respond in writing to any concerns raised. It should be noted that all representations become a public document.
If the issues raised are not resolved to everyone’s satisfaction, the application is assessed by the Council Assessment Panel. Anyone who lodged a representation will be advised in writing of the Panel meeting, and will have the opportunity to attend the meeting and address the Panel in support of their submission. For further information on the Council Assessment Panel please refer to the Council Assessment Panel Fact Sheet.
Anyone can view the plans for an application during the notification period by clicking the links at the top of this page. Please note that you can only view them during the notification period.
While relevant adjoining owners and/or the public are given the opportunity to view the plans, they are protected under the Copyright Act 1968 which prevents Council from freely giving out copies to the public. However Regulation 34(2) of the Development Regulations, does allow for members of the public to apply to Council for a copy of the plans during the public consultation period. To apply for a copy of plans under this provision you will need to complete this form and pay a small fee to cover printing/administrative costs.