Throughout this site "Cat 3" is often mentioned in relation to development applications that are before the council. What is a Cat 3?

Following is lifted from lawhandbook.sa.gov.au

 

The Development Act 1993 (SA) sets out three categories of development for the purposes of consultation and public notice. These categories are important because they determine whether and how information about a proposed development is made available to neighbours and other potentially interested persons. The categorisation of development also determines whether or not 'third party' (eg. neighbour) appeals are possible. The Development Plan or the Development Regulations 2008 (SA) can assign a form of development to Category l, Category 2 or Category 2A. Anything not assigned to Categories 1, 2 or 2A is regarded as Category 3 [Development Act 1993 s 38(2)( a ) & (b)]. Lists of Category 1 and 2 developments are contained in Schedule 9 Development Regulations 2008.

For Category 3 development applications, notice must be given to adjacent owners and occupiers as well as those considered by the relevant authority to be significantly affected by the proposed development. Also, the general public must be notified by publication of a notice in a local or state-wide newspaper [Development Act 1993 (SA) s 38(5)]. The notice or newspaper advertisement must state where copies of the development application may be inspected and also the date by which representations must be lodged [Development Regulations 2008 (SA) reg 33(1)].

When making a representation, it is generally advisable to limit the issues raised to 'planning' issues. Remember that copies of all representations are sent to the applicant for response. To avoid the possibility of defamation proceedings (which has happened in other States and has been threatened in South Australia), it is safest to stick to issues such as environmental impact, amenity, traffic etc. rather than the identity or character of the applicant.

Appeal Rights
There is no right to appeal in the case of Category 2 and 2A developments. In the case of Category 3 development applications the relevant authority must notify those making the representations within five business days of its decision and of their right to appeal. Any appeal must be commenced within fifteen business days of the date of the decision. If an appeal is lodged the court must notify the applicant who becomes a party to the appeal. The decision of a relevant authority does not become operative until the appeal is finally determined.