South Australian Consolidated Regulations South Australian Consolidated RegulationsSchedule 4—Complying development
Part 1—Development plan
The following forms of development are complying developments in respect of a
Development Plan (other than development which affects a State heritage place
or development in the River Murray Flood Zone or the River Murray Zone with
the exception of the Primary Production Policy Area within that zone, or as
otherwise indicated below).
(1) Other than in
relation to the City of Adelaide, a local heritage place, a Residential
Historic (Conservation) Zone, a Historic (Conservation) Zone, a Historic
Conservation Area, a Historic Township Zone, a Historic (Conservation) Policy
Area 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—
(a) the
construction of a new building in the same, or substantially the same,
position as a building which was demolished within the previous 3 years where
the new building has the same, or substantially the same, layout and external
appearance as the previous building.
(2) Other than in
relation to a local heritage place, in the Hills Face Zone, in 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, or in 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, the construction or alteration
of, or addition to, an outbuilding, in which human activity is secondary,
if—
(a) the
outbuilding is detached from and ancillary to a dwelling erected on the site;
and
(b) the
outbuilding 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—the garage is set back at least 5.5 metres
from the primary street; and
(d) the
outbuilding complies with the following requirements as to dimensions:
(i)
a total floor area not exceeding 60 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 (not being a
boundary with a primary street or a secondary street)—a length not
exceeding 8 metres; and
(e) if
situated on a boundary of the allotment (not being a boundary with a primary
street or a secondary street)—
(i)
the development will not result in all attributable walls
or structures located along the boundary exceeding 50% of the length of the
boundary, disregarding (in the case of a side boundary) 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) in
the case of an outbuilding that is 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)
if facing the primary street—the garage will not
have an opening or openings for vehicle access facing a street frontage that
exceed, in total, 7 metres in width; and
(ii)
if designed or located so as to provide vehicle access
from an alley, lane or right of way—the alley, lane or right of way is
at least 6.2 metres wide along the boundary with the allotment; and
(iii)
the garage is located so that vehicle access will use an
existing or authorised access point under section 221 of the Local
Government Act 1999 ; and
(iv)
the garage 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) the
outbuilding, if clad in sheet metal, is pre-colour treated or painted in a
non-reflective colour; and
(i)
any excavation or filling associated with the development
does not exceed a vertical height of 1 metre overall; and
(j) the
development will not be built, or will not 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 .
(3) Other than in
relation to a local heritage place, in the Hills Face Zone, in 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, or in 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, the construction or alteration
of, or addition to, a carport or verandah (a designated structure ) if—
(a) the
designated structure is ancillary to a dwelling erected on the site; and
(b) the
designated structure is not being constructed, added to or altered so that any
part of the designated structure 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 carport—the carport is set back at least 5.5 metres
from the primary street; and
(d) the
designated structure complies with the following requirements as to
dimensions:
(i)
a total floor area not exceeding 60 square metres;
(ii)
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); and
(iii)
a roof height where no part of the roof is more than
5 metres above the natural surface of the ground; and
(iv)
if situated so as to abut, or to have any part of the
designated structure on, a boundary of the allotment (not being a boundary
with a primary street or a secondary street)—a length not exceeding
8 metres; and
(e) if
situated so as to abut a boundary of the allotment (not being a boundary with
a primary street or a secondary street)—the development will not result
in all attributable walls or structures located along the boundary exceeding
50% of the length of the boundary, disregarding (in the case of a side
boundary) the distance of any front setback of the building to which the
designated structure is ancillary; and
(f) in
the case of a designated structure that is 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)
if facing the primary street—the carport will not
have an opening or openings for vehicle access facing a street frontage that
exceed, in total, 7 metres in width; and
(ii)
if designed or located so as to provide vehicle access
from an alley, lane or right of way—the alley, lane or right of way is
at least 6.2 metres wide along the boundary with the allotment; and
(iii)
the carport is located so that vehicle access will use an
existing or authorised access point under section 221 of the Local
Government Act 1999 ; and
(iv)
the carport 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
(h) any
excavation or filling associated with the development does not exceed a
vertical height of 1 metre overall.
(10a) For the purposes
of this clause—
(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.
(11) In this
clause—
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;
road has the same meaning as in the Local Government Act 1999 but does
not include an alley, lane or right of way.
2—Building work—detached dwellings—out of council areas
Building work associated with a detached dwelling that is not within the area
of a council, other than building work—
(a) in a
zone or area designated for retail, office, commercial, industrial or
extractive industry use under the relevant Development Plan; or
(b) in
respect of a local heritage place; or
(c) in a
zone or area designated as Environmental Class A or B by the relevant
Development Plan; or
(d) in a
zone or area designated for conservation by the relevant Development Plan; or
(e)
within 1 kilometre of the coast measured from mean high water mark on the sea
shore at spring tide; or
(f)
within 1 kilometre of the River Murray; or
(g)
within 500 metres of an arterial road, primary road, primary arterial road or
secondary arterial road (as delineated in the relevant Development Plan); or
(h)
within a township, or within 50 metres of the boundaries of a township, unless
the building work is undertaken by the South Australian Housing Trust; or
(i)
on land that is subject to the
National Parks and Wildlife Act 1972 ; or
(j)
within part of the State described in Schedule 20.
2A—Single storey additions and alterations
(1) This clause does
not apply to any development in relation to a local heritage place or in a
Historic Conservation Zone/Area, the Hills Face Zone, or a Flood Management
Zone/Area.
(2) The alteration of,
or addition to, an existing detached or semi-detached dwelling, other than
where the dwelling is situated on a battle-axe allotment (or as indicated in
subclause (1)), if—
(a) the
alteration or addition is at, or relates to, the ground floor level of the
dwelling and does not involve the construction or alteration of a mezzanine
floor or a second or subsequent storey; and
(b) the
dwelling is not being altered or added to so that any part of the dwelling
will be—
(i)
—
(A) nearer to an existing boundary of the
primary street for the dwelling than any distance that applies in respect of
setbacks under the relevant Development Plan in relation to any road or
portion of a road that constitutes the primary street frontage; or
(B) in front of the average setbacks of any
existing dwellings on any adjoining allotments with the same primary street
(or, if there is only 1 such dwelling, the setback of that dwelling),
whichever provides the lesser of the 2 distances; or
(ii)
within 900 millimetres of a boundary of the
allotment with a secondary street or, if a dwelling on any adjoining allotment
is closer to the secondary street than 900 millimetres, the distance of
that dwelling from the boundary with the secondary street (being, if relevant,
the lesser of the 2 distances); or
(iii)
if the size of the allotment does not exceed
300 square metres—within 3 metres of the rear boundary of the
allotment (measured from the closest solid wall);
(iv)
if the size of the allotment exceeds 300 square
metres—within 4 metres of the rear boundary of the allotment
(measured from the closest solid wall);
(c) if
any side wall of the dwelling will exceed 3 metres in height when
measured from the top of the footings as a result of the development—the
wall will be set back at least 900 millimetres from the boundary plus a
distance equal to one-third of the extent to which the height of the wall
exceeds 3 metres from the top of the footings; and
(d) in
relation to any wall located on a side boundary associated with the
development—
(i)
the wall will not exceed 3 metres in height when
measured from the top of the footings; and
(ii)
the wall will not exceed 8 metres in length; and
(iii)
the wall, when its length is added to the length of any
other attributable walls or structures located on that boundary—
(A) will not result in all such
attributable walls and structures exceeding a length equal to 50% of the
length of the boundary, disregarding the distance of any front setback of the
building to which the wall is ancillary; and
(B) will not be within 3 metres of any
other attributable wall or structure located along the boundary; and
(e) the
dwelling is not being altered or added to so that—
(i)
any part of the dwelling will exceed 9 metres in
height when measured from the top of the footings; or
(ii)
any part of the dwelling will exceed the height of any
part of the dwelling before the commencement of the development; or
(iii)
any wall height will exceed 6 metres when measured
from the top of the footings; and
(f) any
finished floor level associated with the development will not be below a level
equal to 300 millimetres above any 1:100 year ARI shown in the relevant
Development Plan (if such an ARI is shown and is relevant to the location of
the dwelling); and
(g) the
following minimum private open space requirements apply after the development
has been completed (after including the areas of the dwelling and any
outbuildings, carports or verandahs on the allotment):
|
Allotment size |
Minimum area of private open space |
Minimum dimension |
|
> 500m 2 |
80m 2 |
4m |
|
300—500m 2 |
60m 2 |
4m |
|
< 300m 2 |
24m 2 |
3m |
and in any event at least 24 square metres of private open space at the
rear or side of the dwelling with access directly from a habitable room within
the dwelling must be provided; and
(h) the
development will not result in the dwelling not having a setback of at least
900 millimetres on at least 1 side boundary of the allotment; and
(i)
if the development involves or incorporates the
construction or alteration of a garage or carport, the garage or
carport—
(i)
is or will be set back at least 5.5 metres from the
primary street; and
(ii)
is or will be situated so that no part of the garage or
carport will be in front of any part of the building line of the dwelling that
faces the primary street; and
(iii)
will not have an opening or openings for vehicle access
facing a street frontage that exceed, in total, 7 metres in width; and
(iv)
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
(v)
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
(vi)
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 or carport when the work is completed is not steeper than 1:5 in
any place and 1:8 on average; and
(j) the
development will not result in the removal of a place for the parking of a car
or cars unless—
(i)
in the case of a dwelling that will only have (or
continue to have) 1 bedroom at the completion of the
development—the dwelling will have at least 1 car parking space
that is enclosed or covered, or able to be enclosed or covered, and that
complies with the requirements set out in paragraph (i) in relation to
garages and carports;
(ii)
in the case of a dwelling that will have (or continue to
have) 2 or more bedrooms at the completion of the development—the
dwelling will have at least 2 car parking spaces, 1 of which is enclosed or
covered, or able to be enclosed or covered, and both of which comply with the
requirements set out in paragraph (i) in relation to garages and
carports; and
(k) the
circumstances are such that the total roofed area of buildings on the
allotment will not exceed 60% of the total area of the allotment; and
(l) the
development will not alter the facade of the existing dwelling when viewed
from the primary street; and
(m) any
excavation or filling associated with the development does not exceed a
vertical height of 1 metre overall; and
(n) the
development will not be built, or will not 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 .
(3) For the purposes
of this clause—
(a) in
calculating private open space—
(i)
any area at ground level at the front of the dwelling
will not be included; and
(ii)
each area at ground level must have a width of at least
2.5 metres; and
(iii)
any balcony must have a width of at least 2 metres;
and
(b) 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
(c) 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 (or to be situated).
(4) In this
clause—
ARI means the average recurrence interval of a flood event;
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;
battle-axe allotment means an allotment or site that comprises—
(a) a
driveway (and any related open space) that leads back from a road to the
balance of the allotment or site; and
(b) a
balance of the allotment or site that is the principal part of the allotment
or site and that does not have a boundary with a road;
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;
habitable room means a room used for domestic activities but does not include
a bathroom, laundry, hallway, lobby or other service or access area or space
that is not occupied for extended periods;
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;
road has the same meaning as in the Local Government Act 1999 but does
not include an alley, lane or right of way.
(1) Subject to
subclause (3), this clause applies in relation to any area determined by
the Minister for the purposes of this clause and identified by notice in the
Gazette.
(2) The Minister may,
by subsequent notice in the Gazette, vary or revoke a determination under
subclause (1).
(3) Despite any
determination under subclause (1), this clause does not apply to any
development—
(a) in
relation to a local heritage place; or
(b)
in—
(i)
a Historic Conservation Zone/Area; or
(ii)
the Hills Face Zone; or
(iii)
a Flood Management Zone/Area.
(4) If in connection
with the relevant application for development plan consent—
(a) the
applicant has indicated that the allotment is, or may have been, subject to
site contamination as a result of a previous use of the land or a previous
activity on the land; or
(b) the
relevant authority has reason to believe that the allotment is, or may have
been, subject to site contamination as a result of a previous use of the land
or a previous activity on the land,
this clause will not apply unless the applicant is able to furnish a site
contamination audit report under Part 10A of the Environment Protection
Act 1993 to the effect—
(c) that
site contamination does not exist (or no longer exists) at the allotment; or
(d) that
any site contamination at the allotment has been cleared or addressed to the
extent necessary to enable the allotment to be suitable for unrestricted
residential use.
(5) Insofar as this
clause applies to a site that does not comprise an entire allotment—
(a) the
site, and any balance of the allotment, must each at least meet the minimum
site area and any minimum frontage requirements prescribed in the relevant
Development Plan; and
(b) if
there is an existing dwelling on the allotment—
(i)
the following minimum private open space requirements
will apply in relation to the site after the development has been completed
(after including the areas of the dwelling and any outbuildings, carports or
verandahs on the site):
|
Site size |
Minimum area of private open space |
Minimum dimension |
|
> 500m 2 |
80m 2 |
4m |
|
300—500m 2 |
60m 2 |
4m |
|
< 300m 2 |
24m 2 |
3m |
and in any event at least 24 square metres of private open space at the
rear or side of the dwelling with access directly from a habitable room within
the dwelling must be provided; and
(ii)
in the case of—
(A) a dwelling that will only have
1 bedroom at the completion of the development—the dwelling will
have at least 1 car parking space that is enclosed or covered, or able to
be enclosed or covered, and that complies with the requirements set out in
subparagraph (iii) in relation to garages and carports;
(B) a dwelling that will have 2 or
more bedrooms at the completion of the development—the dwelling will
have at least 2 car parking spaces, 1 of which is enclosed or
covered, or able to be enclosed or covered, and both of which comply with the
requirements set out in subparagraph (iii) in relation to garages and
carports; and
(iii)
in relation to any proposed garage or carport, the garage
or carport—
(A) will be set back at least
5.5 metres from the primary street; and
(B) is or will be situated so that no part
of the garage or carport will be in front of any part of the building line of
the dwelling that faces the primary street; and
(C) will not have an opening or openings
for vehicle access that exceed, in total, 7 metres in width; and
(D) 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
(E) 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
(F) 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 or carport when work is completed is not
steeper than 1:5 in any place and 1:8 on average.
(6) The construction
of a new detached or new semi-detached dwelling, other than where the dwelling
is to be situated on a battle-axe allotment (or as indicated in a preceding
subclause), if—
(a) the
dwelling is not being constructed so that any part of the dwelling will
be—
(i)
—
(A) nearer to an existing boundary of the
primary street for the dwelling than any distance that applies in respect of
setbacks under the relevant Development Plan in relation to any road or
portion of a road that constitutes the primary street frontage; or
(B) in front of the average setbacks of any
existing dwellings on any adjoining allotments with the same primary street
(or, if there is only 1 such dwelling, the setback of that dwelling),
whichever provides the lesser of 2 distances; or
(ii)
within 900 millimetres of a boundary of the
allotment with a secondary street or, if a dwelling on any adjoining allotment
is closer to the secondary street than 900 millimetres, the distance of
that dwelling from the boundary with the secondary street (being, if relevant,
the lesser of the 2 distances); or
(iii)
if the size of the site does not exceed 300 square
metres—
(A) in relation to the ground floor of the
dwelling—within 3 metres of the rear boundary of the site (measured
from the closest solid wall);
(B) in relation to any other storey of the
dwelling—within 5 metres of the rear boundary of the site; or
(iv)
if the size of the site exceeds 300 square
metres—
(A) in relation to the ground floor of the
dwelling—within 4 metres of the rear boundary of the site (measured
from the closest solid wall);
(B) in relation to any other storey of the
dwelling—within 6 metres of the rear boundary of the site; and
(b) if
any side wall of the dwelling will exceed 3 metres in height when
measured from the top of the footings—the wall will be set back at least
900 millimetres from the boundary of the site plus a distance equal to
one-third of the extent to which the height of the wall exceeds 3 metres
from the top of the footings; and
(c) if
any side wall of the dwelling that faces south and the development includes
building work in relation to an upper storey, other than where the boundary on
that side of the building is with a secondary street—any upper storey
component is to be set back at least to the distance required under
paragraph (b) plus 1 metre; and
(d) in
relation to any attributable wall to be located on a side boundary of the site
associated with the development—
(i)
the wall will not exceed 3 metres in height when
measured from the top of the footings; and
(ii)
the wall will not exceed 8 metres in length; and
(iii)
the wall, when its length is added to the length of any
other attributable walls or structures located on that boundary—
(A) will not result in all such
attributable walls and structures exceeding a length equal to 50% of the
length of the boundary, disregarding the distance of any front setback of the
building to which the wall is ancillary; and
(B) will not be within 3 metres of any
other attributable wall or structure located along the boundary; and
(e) the
dwelling is not constructed so that—
(i)
any part of the dwelling will exceed 9 metres in
height when measured from the top of the footings; or
(ii)
any wall height will exceed 6 metres when measured
from the top of the footings; and
(f) no
part of the dwelling will have a finished floor level below a level equal to
300 millimetres above any 1:100 year ARI shown in the relevant
Development Plan (if such an ARI is shown and is relevant to the location of
the dwelling); and
(g) the
following minimum private open space requirements will apply in relation to
the site after the development has been completed (after including the areas
of the dwelling and any outbuildings, carports or verandahs on the site):
|
Site size |
Minimum area of private open space |
Minimum dimension |
|
> 500m 2 |
80m 2 |
4m |
|
300—500m 2 |
60m 2 |
4m |
|
< 300m 2 |
24m 2 |
3m |
and in any event at least 24 square metres of private open space at the
rear or side of the dwelling with access directly from a habitable room within
the dwelling must be provided; and
(h) the
dwelling will have a setback of at least 900 millimetres on at least 1
side boundary of the site; and
(i)
in relation to any upper storey window that will face a
side or rear boundary of the site, other than in relation to any such boundary
that adjoins a road or a reserve that has a width exceeding
15 metres—
(i)
the sill height will be at least 1.5 metres above
the finished floor level; or
(ii)
the window will have permanently obscure glazing in any
part of the window below 1.5 metres above the finished floor level and,
if it is capable of being opened, the window will be an awning window hinged
at the top and will not be capable of being opened more than
200 millimetres; and
(j) the
dwelling will not have a balcony or terrace on an upper storey, other than
where that balcony or terrace will face a road, or reserve, that is at least
15 metres wide at all places to be faced by the dwelling; and
(k) in
relation to any proposed garage or carport, the garage or carport—
(i)
will be set back at least 5.5 metres from the
primary street; and
(ii)
is or will be situated so that no part of the garage or
carport will be in front of any part of the building line of the dwelling that
faces the primary street; and
(iii)
will not have an opening or openings for vehicle access
facing a street frontage that exceed, in total, 7 metres in width; and
(iv)
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
(v)
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
(vi)
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 or carport when work is completed is not steeper than 1:5 in any
place and 1:8 on average; and
(l) in
the case of—
(i)
a dwelling that will only have 1 bedroom at the
completion of the development—the dwelling will have at least 1 car
parking space that is enclosed or covered, or able to be enclosed or covered,
and that complies with the requirements set out in paragraph (k) in
relation to garages and carports;
(ii)
a dwelling that will have 2 or more bedrooms at the
completion of the development—the dwelling will have at least 2 car
parking spaces, 1 of which is enclosed or covered, or able to be enclosed or
covered, and both of which comply with the requirements set out in
paragraph (k) in relation to garages and carports; and
(m) the
dwelling will have at least 1 habitable room window facing the primary street;
and
(n) the
development will not result in the total roofed area of all buildings on the
allotment exceeding 60% of the total area of the allotment; and
(o) any
excavation or filling associated with the development does not exceed a
vertical height of 1 metre overall; and
(p) in
relation to the site—there already exists, for the purposes of a
dwelling, at least to a point immediately adjacent to the allotment, the
availability of connections to—
(i)
a permanent water supply for potable water; and
(ii)
a sewage system or a waste control system which complies
with the requirements of the Public and Environmental Health Act 1987 and
which is installed in a manner approved by the council or an appropriate
government agency or instrumentality; and
(iii)
a permanent electricity supply; and
(q) the
development will not be built, or will not 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 .
(7) For the purposes
of this clause—
(a) a
side wall faces south if the wall has an axis perpendicular to its surface
orientated south 30° west to south 20° east; and
(b) in
calculating private open space—
(i)
any area at ground level at the front of the proposed
dwelling will not be included; and
(ii)
each area at ground level must have a width of at least
2.5 metres; and
(iii)
any balcony must have a width of at least 2 metres;
and
(c) the
placing of a transportable dwelling will be taken to constitute the
construction of a new dwelling; and
(d) the
primary street in relation to a dwelling is the road that forms part of the
street address of the dwelling, 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
(e) a
secondary street in relation to a dwelling is any road, other than the primary
street, that shares a boundary with the allotment on which the dwelling is to
be situated.
(8) In this
clause—
ARI means average recurrence interval of a flood event;
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;
battle-axe allotment means an allotment or site that comprises—
(a) a
driveway (and any related open space) that leads back from a road to the
balance of the allotment or site; and
(b) a
balance of the allotment or site that is the principal part of the allotment
or site and that does not have a boundary with a road;
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;
habitable room means a room used for domestic purposes but does not include a
bathroom, laundry, hallway, lobby or other service or access area or space
that is not occupied for extended periods;
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;
road has the same meaning as in the Local Government Act 1999 but does
not include an alley, lane or right of way;
south means true south.
The construction of a mausoleum in a public cemetery where—
(a) the
mausoleum is located more than 50 metres from the boundaries of the cemetery;
and
(b) no
part of the mausoleum is higher than 3 metres above the natural surface of the
ground.
(1) Other than in
respect of a local heritage place, development for purposes connected with the
operation of a railway that is to be undertaken on railway land, other
than—
(a) the
construction or extension of—
(i)
a passenger station or freight terminal building; or
(ii)
a railway workshop; or
(iii)
any other kind of building if the total floor area
exceeds, or will exceed, 200 square metres; or
(b) the
construction of a new railway line 1 , but not including a line that is
replacing an existing line or following the route of a previous line; or
(c) the
extension of an existing railway line 1 ; or
(d) the
construction of a new bridge; or
(e) the
construction of a new tunnel.
(2) In this
clause—
bridge includes a bridge designed to be used by—
(a)
vehicles other than trains; or
(b)
people;
railway land and railway line have the same meanings as in clause 13 of
Schedule 3.
Note—
1 Certain activities do not constitute development
under the Act—see clause 13 of Schedule 3.
Part 2—Building rules
5 The following forms of building work are
declared to comply with the Building Rules (other than building work which
affects a State heritage place, or as otherwise indicated below).
8 The construction, alteration or removal of a dam
on land used for farming purposes, except where the dam is of masonry
construction.
9 The construction of a pergola associated with an
existing dwelling (whether attached to the building or freestanding)—
(a)
which does not have a roof; and
(b) each
freestanding side of which is open; and
(c) no
part of which is higher than 4 metres above the ground.
10 An alteration to a building—
(a) that
does not involve the demolition of any part of the building (other than the
removal of the fixtures, fittings or non load-bearing partitions); and
(b) that
will not adversely affect the structural soundness of the building or the
health or safety of any person occupying or using it; and
(c) that
is not inconsistent with any other provision of this Schedule.
11 Building work in relation to a Class 10
building under the Building Code which is not within the area of a council,
other than building work within a township or 50 metres from the boundary of a
township.
(a) a
hayshed or implement shed not exceeding 500 square metres in total floor area;
or
(b) a
Class 10a building under the Building Code not exceeding 25 square metres in
total floor area,
where the hayshed, implement shed or Class 10a building—
(c) will
be at least 50 metres from any allotment boundary; and
(d) will
be within a rural, farming, horticultural, primary industry or primary
production zone or area, as delineated by the relevant Development Plan, and
within a part of the State outside the areas of the following councils:
The Barossa Council
District Council of Barunga West
The District Council of Ceduna
Clare and Gilbert Valleys Council
The Coorong District Council
Town of Gawler
Regional Council of Goyder
District Council of Kapunda and Light
The District Council of Mallala
Mid Murray Council
The District Council of Mount Remarkable
City of Playford
City of Salisbury
City of Victor Harbor
Wakefield Regional Council
The District Council of Yankalilla.
13 The construction of a stockyard (including any
associated ramp or facility for loading stock onto a vehicle), but not
including any walkway or steps.
14 (1) The
construction or alteration of any of the following (including any incidental
excavation or filling):
(a) an
outbuilding in which human activity is secondary, and which has a total floor
area not exceeding 15 square metres, no span exceeding 3 metres, and no part
of the building higher than 2.5 metres above the natural surface of the
ground; or
(b) a
fence not exceeding 2.1 metres in height, or 1 metre in the case of a masonry
fence (both measured from the lower of the 2 adjoining finished ground
levels), other than—
(i)
a safety fence for a swimming pool which is approved for
construction, or requires approval for construction, on or after
1 July 1993; or
(ii)
a brush fence that is (or is to be) closer than 3
metres to an existing or proposed Class 1 or 2 building under the
Building Code , with the distance to be measured from any part of the brush
fence and from any part of an external wall of the building (being an external
wall within the meaning of the Building Code ) and with this subparagraph not
extending to a repair of an existing brush fence that does not enlarge or
extend the brush fence; or
(c)
—
(i)
a windmill; or
(ii)
a flagpole,
which is not attached to a building and is not more than 10 metres in height,
or which is attached to a building and is not more than 4 metres in height
above the topmost point of attachment to the building, exclusive of guy wires;
or
(d) a
retaining wall which retains a difference in ground levels not exceeding
1 metre; or
(e) a
water tank (and any supporting structure) which—
(i)
is part of a roof-drainage system; and
(ii)
has a total floor area not exceeding 10 square metres;
and
(iia) is
located wholly above ground; and
(iii)
has no part higher than 4 metres above the natural
surface of the ground; or
(f) a
temporary builder's office, shed, store or other similar building—
(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 to be removed at the completion of the relevant
building work; and
(iii)
that is positioned on the ground and totally within the
site of the building work; or
(g) an
electricity powerline or any associated structure.
(2) In this
clause—
brush means—
(a)
Broombrush (Melaleuca uncinata); and
(b) any
other form of dried vegetation material that constitutes brush for the
purposes of regulation 76C;
brush fence includes—
(a) a
fence that is predominantly constituted by brush;
(b) a
gate that is predominantly constituted by brush.
15 The construction of an offshore marine
aquaculture structure that is embedded in the sea bed or moored from a mooring
point embedded in the sea bed.
16 (1) Other than in
respect of a local heritage place, the construction, alteration or extension
of prescribed infrastructure (including any incidental excavation or filling)
if the total height of the prescribed infrastructure, when constructed,
altered or extended, will not exceed (taking into account attachments (if
any))—
(a) in
the case of prescribed infrastructure not attached to a building—10
metres;
(b) in
the case of prescribed infrastructure attached to a building—4 metres
above the topmost point of attachment to the building, disregarding any
attachment by guy wires.
(2) In this
clause—
building does not include prescribed infrastructure;
prescribed infrastructure has the same meaning as in clause 12 of
Schedule 3.
17 (1) Other than in
respect of a local heritage place, building work undertaken for the purposes
of the construction, alteration, extension, repair or maintenance of railway
track (including track for a siding or a crossing or passing loop), other than
building work associated with a new bridge or tunnel.
(2) In this
clause—
bridge has the same meaning as in clause 4 of this Schedule.