District Council of Coober Pedy v Aboriginal Family Support Services

The District Council of Coober Pedy (the Council) appealed to the Supreme Court of South Australia against a decision of the Environment, Resources and Development Court (ERD Court). The ERD Court had set aside the Council's refusal to grant development approval to Aboriginal Family Support Services Inc (AFSS) for facilities established on residential land in Coober Pedy. AFSS's proposed development comprised offices and consulting rooms, which the Council had deemed non-complying under the Coober Pedy Development Plan.

The central legal issue before the Supreme Court was whether the ERD Court had erred in its determination that AFSS's proposed development was not non-complying. Specifically, the Court needed to consider the characterisation of the development and its compatibility with the Residential Zone objectives and principles of development control within the Coober Pedy Development Plan.

The Supreme Court upheld the ERD Court's decision. The Court reasoned that the ERD Court had correctly characterised the true nature and character of AFSS's operations, which extended beyond mere administration to encompass community meetings, education, training, and general community programs. This characterisation led the ERD Court to conclude that the proposal was best understood as a form of institution or community support facility, falling for consideration on its merits rather than being a non-complying development. The Supreme Court agreed that the Development Plan's objectives for the Residential Zone, which encouraged institutional and community-based land uses, supported the ERD Court's conclusion, provided the development did not adversely affect the amenity of the locality.

The appeal was dismissed.