Council Assessment Panel (CAP)

The Council Assessment Panel (CAP) meetings are held in the Council Administration building at 245 Sturt Road, Sturt.

Meetings will be held on the first Wednesday of every month (except in January, a meeting will be held on the third Wednesday of the month).

Meetings will ordinarily commence at 6.30pm at the Council’s administration building, 245 Sturt Road, Sturt.

The CAP considers a wide range of development applications, ensuring that new development proposals are consistent with the Council's Development Plan. The role of the CAP is to make decisions to either approve or refuse certain types of development applications.

Council’s Development Delegations Policy provides more detail on the role of the CAP and applications that they consider and determine.

The CAP is presented with a report on every application to be considered. Each report assesses the proposal against the applicable planning legislation (i.e. Planning and Design Code for all applications lodged 19^th March onwards, or the City of Marion Development Plan for applications lodged prior) and includes documentation from the applicant (or their consultant) and copies of representations lodged in respect to the application being considered. Those reports are available to view below under "Agendas and Minutes" on the Friday prior to the meeting.

In respect of any matter that is before the panel or likely to be considered by the panel, members of the Council Assessment Panel are not permitted to discuss, comment or express an opinion upon the merits of that matter with applicants, representors, members of the public or government agencies.

Members of the CAP are required to strictly adhere to the State Government's Code of Conduct. Any complaints regarding the conduct of a CAP member must be referred to the South Australian State Planning Commission.

Independent CAP Members must hold the required Planning Accreditation as outlined by the State Planning Commission. Further information on the required accreditation can be obtained via the PlanSA website.

Pursuant to Section 202(1)(b)(i)(A) of the Planning, Development and Infrastructure Act 2016 an applicant can apply to the Marion Council Assessment Panel to review a ‘prescribed matter’ in relation to a development application where the Council Assessment Manager is the Relevant Authority in making a decision. This includes a review of a ‘prescribed matter’ undertaken by a sub-delegate of the Assessment Manager.

It is important to note this applies only for applications lodged under the Planning, Development and Infrastructure Act (i.e. from 19 March 2021).

What is a ‘Prescribed Matter’?

A “Prescribed Matter” is outlined as;

• Any assessment, request, decision, direction or act of the Assessment Manager under the Act that is relevant to any aspect of the determination of the development application; or

• A decision to refuse to grant development authorisation to the application; or

• The imposition of conditions in relation to a grant of development authorisation; or

• Subject to any exclusion prescribed by the Planning, Development and Infrastructure (General) Regulations 2017, any other assessment, request, decision, direction or act of the Assessment Manager under the Act in relation to the grant of development authorisation.

Review Process

Section 203 (Part 16, Division 1) of the Act outlines the statutory requirements for the review by the Council Assessment Panel of a decision of an Assessment Manager.

• A review of the Assessment Manager’s decision is undertaken in accordance with the Marion Council Assessment Panel Review Of Decision Of Assessment Manager Procedure (LINK).
• An application for review must be made within 1 month of receiving notice of the decision constituting a prescribed matter.
• An application must be made in a prescribed manner (refer to Application to Assessment Panel for Assessment Manager’s Decision Review Form (LINK))
• A fee of $511.00 must be paid to the Panel (via Council) when lodging the request.

The Panel may on a review affirm the decision, vary the decision or set aside the decision and substitute its own decision.

Lodging Written Materials and Documents

All documents and written communications with the Panel must be lodged via (select one option):

• The SA Planning Portal (to the extent the Portal is able to receive such a submission);

• Emailed to: planning@marion.sa.gov.au

• Hand-delivery or post to

Attention: Marion Council Assessment Panel

PO Box 21

Oakland Park SA 5046