The subject property is 252 Murray Street, Tanunda SA 5352.

In September 2021, a planning consent was granted for development on the property. The development included tourist accommodation of 141 rooms, 6 villa units, a function centre, shops, a restaurant, cafe and associated facilities.

The applicants in this case sought judicial review of the development consent; the main argument being the development was seriously at variance with the applicable code for the region.

In particular, the rural zoning requires that any tourist accommodation must to be associated with the lands’ primary use for primary production or primary production related value adding industry, and should ‘enhance and provide authentic visitor experiences.’

In addition, the zoning requires that existing primary production usage must be ‘supported, protected and maintained.’

The development application lodged was primarily for tourist accommodation.

Judgement was made in favour of the two applicant for the reason that tourist accommodation was not closely aligned with zoning requirements; the Panel’s decision granting development plan consent quashed.

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Author: Anna Rosemarie

Entrepreneur