Community planning services in Glenelg Shire Council : 1998-2005 ...

64 Did the council comply with key legislative, planning scheme and other requirements?
Once a plan is approved, both overlays require that all planning permits
granted must be “generally in accordance” with the plan. To do this, the
council tests each proposal against the requirements of the plan. If the
proposed land use or development is not in accordance with the plan, a
planning permit cannot be granted.
Development plans include maps, diagrams, a strategic management plan
and specific requirements.
As IPOs are part of the planning scheme, a planning scheme amendment is
needed to introduce or change the plan 26 . Where a DPO is used, the
development plan is not incorporated into the planning scheme. The
council can, therefore, approve the establishment or amendment of the
DPO plan, without the need for a planning scheme amendment.
Because the DPO requires no public approval process for the plan, it is
normally applied to:
development proposals that are not likely to significantly affect
third-party interests
self-contained sites where ownership is limited to one or 2 parties
sites that contain no existing residential population and do not adjoin
established residential areas.
How development overlays apply in Glenelg Shire
Many areas within Glenelg Shire are covered by a development plan
overlay. These include 6 areas zoned as residential, township, low-density
residential, industrial, offensive industrial, and rural living.
Importantly, the council’s DPOs differ from those of most other councils
in that the Glenelg Council’s DPO schedules require that development
plans be incorporated into the planning scheme.
As with other planning schemes, the council’s scheme prohibits the issue of
permits for works in areas covered by development plan overlays, until a
development plan has been prepared. None of the council’s DPO schedules
expressly overrides this requirement.
The DPOs exempt permit applications, that are generally in accordance
with the plan, from notice and review requirements.
26 This requirement enables third parties to be involved in the process of making or changing the
plan. For this reason, IPOs are normally used for sites that are likely to affect third-party interests
and sites comprising multiple lots in different ownership.