Keeping up with the latest Planning and Development legislative amendments!

21 November 2025

The unprecedented pace of legislative reform in these areas has continued this month with amendments made to the Planning, Development and Infrastructure (General) Regulations 2017.

As a result of multiple enquiries made to us, we provide a succinct summary of the key amendments for local government, below.

Planning, Development and Infrastructure (General) Regulations 2017

1. Enforcement action and prosecutions are no longer available for breaches of section 215 of the PDI Act arising from failures to comply with conditions relating to the provision of recycled water in Blakes Crossing, Blakes Grove, Andrews Farm, Penfield and Playford Alive as depicted in new Schedule 18.
2. A long-maligned exemption in regulation 3F(4)(a) which allowed for trees (other than those species specified in the regulation) within 3 metres of any existing dwelling or swimming pool has been amended so that it only applies to dwellings or swimming pools on the same allotment as the tree.
3. Regulation 3F(6)(c) has been amended to allow councils to undertake tree pruning to trees on council land without a development approval and without any time limitations.
4. Regulation 22(1)(d) has been amended to allow accredited professional – surveyors to grant planning consents for deemed-to-satisfy land divisions which do not create reserves or roads.
5. Regulation 29(5) has been amended to require payment of the ‘base amount’ for fees for that application to be paid at submission.
6. Regulation 53(1) has been amended to:

   A.    create an assessment time period for land division consents of 30 business days for land divisions of 10 allotments or less and where no public roads are to be created; and

   B.    where verification takes less than the 5 business days provided for in regulation 31(2), to add the remaining time to the assessment ‘clock’ for the application; and

   C.   where verification takes more than the 5 business days provided for in regulation 31(2), to subtract the remaining time to the assessment ‘clock’ for the application.  The resourcing implications from this amendment cannot be understated.

7.  Regulation 116A has been added to allow access to development authorisation documents through councils.
8. Schedule 3 now expressly provides that the division of land which is premised on a prior land division that has not yet been approved or has not resulted in titles, is ‘development’ requiring approval under the PDI Act. This ensures that such applications cannot be refused.
9.  Schedule 4 now expressly exempt:

A.    tree-damaging activity on land where a primary or secondary school is or proposed to be built from constituting ‘development’; and

B.    electric vehicle charging stations other than for local and state heritage places, covered or underground areas which are not associated with Class1 buildings and advertising other than ‘permitted advertising’.

If you have any questions please contact Victoria Shute on 8113 7104 or vshute@kelledyjones.com.au.