Land Use Planning Law
Proposed marina development at Kingston Park (hypothetical)

Holdfast Bay Developers Pty Ltd. have built two marinas on the River Murray and wish to pursue a similar, landmark project on the metropolitan Adelaide coastline. The company has identified the Kingston Park Recreation Park, which is located within the Holdfast Bay Council area, as an ideal site for its project. It is negotiating to purchase the site but in the meantime wishes to obtain development approval for the project and has prepared an application for this purpose. Advise the company as to the following matter :-
i. What is the relevant authority that will be responsible for assessing and determining the application?
ii. Will the project need to be referred to any other prescribed body, and if so, what role will such body or bodies play in the assessment of the proposal?
iii. What is the relevant category of development for this project for the purposes of obtaining development plan consent?
iv. Is the proposal likely to receive development plan consent?
v. What rights of appeal are available to the company, and also to members of the public who are opposed to the project, following the decision of the relevant authority?

NOTE: in order to answer this work you will need to consult relevant sections of the Holdfast Bay (City) Development Plan via the Planning SA website.
You will also need to consider relevant sections of the Development 1993 SA and the Development Regulations 2008, including the schedules to these Regulations.

LINKS :

http://www.legislation.sa.gov.au/LZ/C/A/Development%20Act%201993.aspx

http://www.sa.gov.au/upload/franchise/Housing,%20property%20and%20land/PLG/Online%20DPs/Greater%20metropolitan/Holdfast_Bay_Council_Development_Plan.pdf

http://www.austlii.edu.au/au/legis/sa/consol_reg/dr2008250/