South Australia’s Local Government Association has put out a model enforcement policy for councils dealing with unlawful developments.

LGA President, Mayor Dave Burgess said the policy was designed to guide councils when considering possible enforcement action on unlawful development.

“While the Development Act is a statute of the State Parliament, which Councils must adhere to, there is an appropriate level of discretion that must be applied to the regulation of development without offending the principles of good governance and administrative practice,” Mayor Burgess said.

Mayor Burgess said difficulties in explaining the enforcement parameters of the Development Act were due to the complexity of the legislation and constant changes in technology and development trends.

“Councils need to consider each individual situation with regards to the impact on economic, social, environmental and public safety issues,” he said.

“The legislation does not always provide a clear answer about how a particular matter should be dealt with and Councils need to feel confident to exercise discretion in these circumstances.

“It is therefore important that Councils adopt a discretionary or common sense approach when determining when and when not to take enforcement action.”

The Model Council Enforcement Policy is accessible here.