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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2024-10-15 Daily Xml
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In reply to the Hon. T.A. FRANKS ().29 August 2024).

The Hon. C.M. SCRIVEN (Minister for Primary Industries and Regional Development, Minister for Forest Industries): The Minister for Planning has advised:

Regulation 3B and clause 8 of the Planning, Development and Infrastructure (General) Regulations 2017 (the regulations) provides that the commencement of the display of an advertisement is development. This means that a person wanting to display an advertisement on private property would need to obtain development approval from their local council to do so.

Schedule 4 of the regulations provides some exemptions from the requirement to obtain development approval for advertising, including where (but not limited to):

it being displayed on a building used primarily for retail, commercial, office, business or community purposes;

it announces a local event of a religious, educational, cultural, social or recreational character;

it is a real estate 'for sale' or 'for lease' sign; or

it is on land on which building work is being lawfully undertaken.

The exemptions are subject to size limitations, as well as requirements that the advertising does not move, does not flash, does not reflect light and is not internally illuminated.

If the appropriate approval to display an advertisement is not sought from the relevant local council where required, the council may initiate enforcement action under the Planning, Development and Infrastructure Act 2016 (the act) for the undertaking of development contrary to the act.

It is the role of the local council to determine whether development approval is required and to take enforcement action where appropriate.

Any development, including the display of advertising, is assessed against the Planning and Design Code (the code), and approval is only issued if the development is not seriously at variance with the provisions of the code. In relation to advertisements, the code specifies that advertisements and advertising hoardings are appropriate in terms of context, being efficient and effective in communicating with the public and limited in number as to avoid clutter and not create hazards.

The assessment of advertising by the code considers appearance, the number of advertisements, content, impacts to amenity and safety.

The City of West Torrens will consider these matters when assessing advertisements that are development.

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