South Australian Consolidated Regulations South Australian Consolidated RegulationsSchedule 1A—Development that does not require development plan consent
(1) The following
classes of development are within the ambit of this Schedule.
(2) In this
Schedule—
attributable walls or structures means any walls or structures that are
attributable to development that has occurred, or is proposed to occur, on the
relevant allotment but does not include any fence or retaining wall between
the relevant allotment and an adjoining allotment;
Flood Management Zone/Area means a Watercourse Zone, a Flood Zone or Flood
Plain delineated by the relevant Development Plan, or any other zone or area
shown as being subject to flooding or inundation in the relevant Development
Plan;
Historic Conservation Zone/Area means a Historic (Conservation) Zone, a
Historic (Conservation) Policy Area, a Residential Historic (Conservation)
Zone, a Historic Conservation Area, a Historic Township Zone or any other zone
or area in which the word "Historic" appears in the title of the zone or area
in the relevant Development Plan;
River Murray Zone means the River Murray Flood Zone or the River Murray Zone
with the exception of the Primary Production Policy Area within that zone;
road has the same meaning as in the Local Government Act 1999 .
(3) For the purposes
of this Schedule—
(a) the
primary street in relation to a building is the road that forms part of the
street address of the building, as determined by the council for the relevant
area when it is allocating numbers to buildings and allotments under
section 220 of the Local Government Act 1999 ; and
(b) a
secondary street in relation to a building is any road, other than the primary
street, that shares a boundary with the allotment on which the building is
situated.
(4) Clauses 3 to 12
(inclusive) of this Schedule do not apply if—
(a) the
development is in relation to a site where a State heritage place or a local
heritage place is situated; or
(b) the
development falls within a class of development prescribed under Schedule 8;
or
(c) the
development would be contrary to the regulations prescribed for the purposes
of section 86 of the Electricity Act 1996 ; or
(d) the
development will be built, or will encroach, on an area that is, or will be,
required for a sewerage system or waste control system which complies with the
requirements of the Public and Environmental Health Act 1987 .
(1) The construction
or alteration of, or addition to, a brush fence that constitutes development
by virtue of (and only by virtue of) the operation of—
(a)
Schedule 3 clause 4(1)(f)(vi) or (g)(v); or
(b)
Schedule 3A clause 4(1)(f)(v).
(2) In this
clause—
brush fence has the same meaning as the meaning that applies for the purposes
of a clause referred to in subclause (1).
The construction or alteration of, or addition to, an outbuilding, other than
where the outbuilding is in a Historic Conservation Zone/Area, the Hills Face
Zone, a Flood Management Zone/Area, a River Murray Zone, the Golden Grove
Residential Zone, the Golden Grove Residential D Zone or the Golden Grove
Residential Policy Area in the Residential Zone of the City of Tea Tree Gully,
or West Lakes General Policy Area 18 or West Lakes Medium Density Policy
Area 19 in the Residential Zone in the City of Charles Sturt, in which
human activity is secondary, and which—
(a) is
detached from and ancillary to a dwelling erected on the site; and
(b) is
not being constructed, added to or altered so that any part of the outbuilding
is situated—
(i)
in front of any part of the building line of the building
to which it is ancillary that faces the primary street; or
(ii)
within 900 millimetres of a boundary of the
allotment with a secondary street (if the land has boundaries on 2 or more
roads); and
(c) in
the case of a garage—is set back at least 5.5 metres from the
primary street; and
(d)
complies with the following requirements as to dimensions:
(i)
a total floor area not exceeding 40 square metres;
(ii)
a wall height not exceeding 3 metres (measured as a
height above the natural surface of the ground and not including a gable end);
(iii)
a roof height where no part of the roof is more than
5 metres above the natural surface of the ground;
(iv)
if situated on a boundary of the allotment—a length
not exceeding 8 metres; and
(e) if
situated on a side boundary of the allotment—
(i)
will not result in all attributable walls or structures
located along the boundary exceeding 50% of the length of the boundary,
disregarding the distance of any front setback of the building to which the
outbuilding is ancillary; and
(ii)
will not be within 3 metres of any other
attributable wall or structure located along the boundary; and
(f) if
ancillary to—
(i)
a detached or semi-detached dwelling—the
circumstances are such that the total roofed area of all existing or proposed
buildings on the allotment will not exceed 60% of the area of the allotment;
or
(ii)
any other kind of dwelling—the circumstances are
such that the total roofed area of all existing or proposed buildings on the
allotment will not exceed 70% of the area of the allotment; and
(g) in
the case of a garage—
(i)
will not have an opening or openings for vehicle access
facing a street frontage that exceed, in total, 7 metres in width; and
(ii)
is not designed or located so as to provide vehicle
access from an alley, lane or right of way that is less than 6.2 metres
wide along the boundary of the allotment; and
(iii)
is located so that vehicle access will use an existing or
authorised driveway or access point under section 221 of the Local
Government Act 1999 ; and
(iv)
is located so that the gradient from the place of access
on the boundary of the allotment to the finished floor level at the front of
the garage when the work is completed is not steeper than 1:5 in any place and
1:8 on average; and
(h) if
clad in sheet metal—is pre-colour treated or painted in a non-reflective
colour; and
(i)
does not involve any excavation or filling exceeding a
vertical height of 1 metre overall.
The construction or alteration of, or addition to, a carport or verandah (a
designated structure ), other than in a Historic Conservation Zone/Area, the
Hills Face Zone, a Flood Management Zone/Area, or a River Murray Zone,
which—
(a) is
ancillary to a dwelling erected on the site; and
(b) is
not being constructed, added to or altered so that any part of the designated
structure is situated in front of any part of the building line of the
building to which it is ancillary that faces the primary street; and
(c) is
set back at least 5.5 metres from the primary street; and
(d)
complies with the following requirements as to dimensions:
(i)
a total floor area not exceeding 40 square metres;
(ii)
if situated so as to abut, or to have any part of the
designated structure on, a boundary of the allotment, or so as to have any
part of the designated structure within 900 millimetres of a boundary of
the allotment—a height for any posts or other parts of the designated
structure (other than the roof) not exceeding 3 metres (measured as a
height above the natural surface of the ground);
(iii)
a roof height where no part of the roof is more than
5 metres above the natural surface of the ground;
(iv)
if situated so as to abut, or to have any part of the
designated structure on, a boundary of the allotment—a length not
exceeding 8 metres; and
(e) if
situated so as to abut, or to have any part of the designated structure on, a
side boundary of the allotment—will not result in all attributable walls
or structures located along the boundary exceeding 50% of the length of the
boundary, disregarding the distance of any front setback of the building to
which the designated structure is ancillary; and
(f) if
ancillary to—
(i)
a detached or semi-detached dwelling—the
circumstances are such that the total roofed area of all existing or proposed
buildings on the allotment will not exceed 60% of the area of the allotment;
or
(ii)
any other kind of dwelling—the circumstances are
such that the total roofed area of all existing or proposed buildings on the
allotment will not exceed 70% of the area of the allotment; and
(g) in
the case of a carport—
(i)
will not have an opening or openings for vehicle access
facing a street frontage that exceed, in total, 7 metres in width; and
(ii)
is not designed or located so as to provide vehicle
access from an alley, lane or right of way that is less than 6.2 metres
wide along the boundary of the allotment; and
(iii)
is located so that vehicle access will use an existing or
authorised driveway or access point under section 221 of the Local
Government Act 1999 ; and
(iv)
is located so that the gradient from the place of access
on the boundary of the allotment to the finished floor level at the front of
the carport when the work is completed is not steeper than 1:5 in any place
and 1:8 on average; and
(v)
if any part involves cladding in sheet metal—will
have cladding which is pre-colour treated or painted in a non-reflective
colour.
(1) The construction
or alteration of, or addition to, a swimming pool, other than in a Historic
Conservation Zone/Area, the Hills Face Zone, a Flood Management Zone/Area, or
a River Murray Zone, which—
(a) is
ancillary to a dwelling erected on the site; and
(b) is
not being constructed, added to or altered so that any part of the pool is
within 1 metre of a boundary of the allotment; and
(c) is
not being constructed, added to or altered so that any part of the pool is
situated in front of any part of the building line of the building to which it
is ancillary that faces the primary street; and
(d) does
not have a filtration system located—
(i)
in the case of a filtration system enclosed in a solid
structure that will have a material impact on the transmission of
noise—within 5 metres of a dwelling located on an adjoining
allotment; or
(ii)
in any other case—within 12 metres of a
dwelling located on an adjoining allotment.
(2) Without limiting
subclause (1), the construction of a swimming pool associated with a
dwelling and intended primarily for use by the occupants of that dwelling, and
which is not designed to be permanently in place or to be fixed in any way
when in use.
The construction or alteration of, or addition to, a spa pool, other than in a
Historic Conservation Zone/Area, the Hills Face Zone, a Flood Management
Zone/Area, or a River Murray Zone, which—
(a) is
ancillary to a dwelling erected on the site; and
(b) is
not being constructed, added to or altered so that any part of the spa pool is
within 1 metre of a boundary of the allotment; and
(c) is
not being constructed, added to or altered so that any part of the spa pool is
situated in front of any part of the building line of the building to which it
is ancillary that faces the primary street; and
(d) does
not have a filtration system located—
(i)
in the case of a filtration system enclosed in a solid
structure that will have a material impact on the transmission of
noise—within 5 metres of a dwelling located on an adjoining
allotment; or
(ii)
in any other case—within 12 metres of a
dwelling located on an adjoining allotment.
The construction of a shade sail, other than in a Historic Conservation
Zone/Area, the Hills Face Zone, a Flood Management Zone/Area, or a River
Murray Zone, if—
(a) the
shade sail is to consist of permeable material; and
(b) the
area of the sail will not exceed 40 square metres; and
(c) no
part of the sail will be—
(i)
3 metres above ground or floor level (depending on where
it is situated) at any place within 900 millimetres of a boundary of the
allotment; or
(ii)
5 metres above ground or floor level (depending on where
it is situated) within any other part of the allotment; and
(d) no
part of the sail will be in front of any part of the building line of the
building to which it is ancillary that faces the primary street; and
(e) in a
case where any part of the sail will be situated on a boundary of the
allotment—the length of the sail along the boundary will not exceed
8 metres; and
(f) in a
case where any part of the sail or a supporting structure will be situated on
a side boundary of the allotment—the length of the sail and any such
supporting structure together with all attributable walls or structures
located along the boundary will not exceed 50% of the length of the boundary,
disregarding the distance of any front setback of any building to which the
sail and any supporting structure are ancillary.
The construction or alteration of, or an addition to, a water tank (and any
supporting structure), other than in a Historic Conservation Zone/Area, the
Hills Face Zone, a Flood Management Zone/Area, or a River Murray Zone,
if—
(a) the
tank is part of a roof drainage system; and
(b) the
tank has a total floor area not exceeding 15 square metres; and
(c) the
tank is located wholly above ground; and
(d) no
part of the tank is higher than 4 metres above the natural surface of the
ground; and
(e) no
part of the tank will be in front of any part of the building line of the
building to which it is ancillary that faces the primary street; and
(f) in
the case of a tank made of metal—the tank is pre-colour treated or
painted in a non-reflective colour.
The construction or alteration of, or addition to, a water tank (and any
associated pump) if—
(a) the
tank is ancillary to a dwelling erected on the site; and
(b) the
tank (and any associated pump) is located wholly below the level of the
ground.
The construction, installation or alteration of a private bushfire shelter
unless any part of the private bushfire shelter is, or will be,
situated—
(a) in
front of any part of the building line of the building with which it is
associated that faces the primary street; or
(b)
within 900 millimetres of a boundary of the land with a secondary street
(if the land has boundaries on 2 or more roads); or
(c)
within 6 metres of the intersection of 2 boundaries of the land
where those boundaries both face a road, other than where a
4×4 metre corner cut-off has already been provided (and is to be
preserved).
The installation, alteration, repair or maintenance of a system comprising
solar photovoltaic panels on the roof of a building (after taking into account
the operation of clause 15 of Schedule 3) if—
(a) the
panels (and any associated components) do not overhang any part of the roof;
and
(b) the
panels are fitted parallel to the roof with the underside surface of the
panels being not more than 100 millimetres above the surface of the roof;
and
(c) if
the building is in a Historic Conservation Zone/Area—no part of the
system, when installed, will be able to be seen by a person standing at ground
level in a public street.
(1) Work undertaken
within a building, other than in a Historic Conservation Zone/Area, a Flood
Management Zone/Area, a River Murray Zone, or the area of The Corporation of
the City of Adelaide, if—
(a)
there will be no increase in the total floor area of the building; and
(b)
there will be no alteration to the external appearance of the building to any
significant degree.
(2) Work undertaken
within a building in a Historic Conservation Zone/Area if—
(a)
there will be no increase in the total floor area of the building; and
(b)
there will be no alteration to the external appearance of the building.
(1) The partial or
total demolition of a building and associated structures, other than in—
(a) a
Historic Conservation Zone/Area; or
(b) the
area of The Corporation of the City of Adelaide; or
(c) a
designated area under subclause (3).
(2) Any demolition for
the purposes of any complying development within a designated area under
subclause (3) will not be within the ambit of subclause (1)(c).
(3) For the purposes
of subclause (1)(c), a designated area is an area declared by the
Minister on the application of the relevant council to be a designated area.
(4) The Minister may
declare the whole, or a part, of the area of a council to be a designated area
under subclause (3).
(5) The Minister must
not make a declaration under subclause (3) unless the Minister is
satisfied that the declaration is appropriate in order to introduce or enhance
planning objectives and principles relating to residential building design and
neighbourhood character and amenity.
(6) A declaration of
the Minister under subclause (3) must be made by notice in the Gazette.
(7) A declaration may
be made subject to such conditions as the Minister thinks fit (and specifies
in the notice of declaration published in the Gazette).
(8) The Minister may,
by subsequent notice in the Gazette, vary or revoke a declaration under
subclause (3) or a condition under subclause (7).
(9) However, before
taking action under subclause (8), the Minister must give the relevant
council a notice in writing—
(a)
stating the proposed course of action; and
(b)
stating the reasons for the proposed course of action; and
(c)
inviting the council to show, within a specified time (of at least
1 month), why the proposed course of action should not be taken.
(10)
Subclause (9) does not apply to a variation or revocation made at the
request of the relevant council.
13—Commonwealth Nation Building Program
(1) Any development
that has been approved by the State Coordinator-General for the purposes of
the Commonwealth Nation Building Program.
(2) Subclause (1)
does not apply if the development is in relation to a site where a State
heritage place is situated.
(3) This clause
expires on 31 December 2012.
14—Local Government Infrastructure Program
(1) Any development
that has been approved by the State Coordinator-General for the purposes of
the Local Government Infrastructure Program.
(2) Subclause (1)
does not apply if the development is in relation to a site where a State
heritage place is situated.
(3) This clause
expires on 31 December 2012.
15—Development associated with Institutional (Riverbank) Zone
Any development undertaken by a State agency on land in the Adelaide Park
Lands within 200m of the western edge of the Institutional (Riverbank) Zone
(the relevant land )—
(a)
involving the establishment of 6 temporary cooling towers on the relevant
land for the purpose of providing cooling services to facilities in the Zone
(to replace 6 existing towers (located in the Institutional (Riverbank)
Zone)), including—
(i)
any construction necessary for the development (including
the construction of a screen to surround the towers); and
(ii)
any excavation, filling and installation of pipes, cables
and other materials (including under any road); and
(iii)
any other works necessary for the development; and
(b)
involving the construction of (including any incidental excavation or filling)
a temporary builder's office, shed, store or other similar building associated
with development to be undertaken in the Institutional (Riverbank) Zone—
(i)
that is used for the purpose of storing materials or
documents, providing amenities for workers, or for any other purpose connected
with the performance of building work, other than to provide overnight
accommodation; and
(ii)
that is positioned on the ground.