South Australian Repealed Regulations South Australian Repealed RegulationsThis legislation has been repealed.
Schedule 10—Decisions by Development Assessment Commission
The following classes of development in the areas of all councils:
(a)
development undertaken by the South Australian Housing Trust, other
than—
(i)
the alteration of, or an addition to, an existing
building; or
(ii)
the construction of an outbuilding ancillary to, or
associated with, an existing building; or
(iii)
the division of land which creates not more than four
additional allotments; or
(iv)
the construction of a detached dwelling that will be the
only dwelling on the allotment; or
(iva) a
tree-damaging activity undertaken in relation to a significant tree; or
(v)
development of any kind undertaken outside Metropolitan
Adelaide.
(b)
development undertaken by the Land Management Corporation, either individually
or jointly with other persons or bodies, other than—
(i)
the alteration of, or an addition to, an existing
building; or
(ii)
the erection of an outbuilding ancillary to, or
associated with, an existing building; or
(iii)
the erection or construction of a detached dwelling that
will be the only dwelling on the allotment; or
(iv)
land division, or any form of complying development in
respect of the Development Plan, in the Golden Grove Area.
The following classes of development in the areas of all councils:
(a)
prescribed mining operations; or
(b)
development of land for the purpose of the reception, storage, treatment or
disposal of waste.
The following classes of development undertaken by a council (including any
case where the council is not to undertake all of the relevant development
itself):
(a)
development that involves the construction (but not alteration) of, or change
in use to—
(i)
a hotel or tavern; or
(ii)
tourist accommodation; or
(iii)
an entertainment complex; or
(iv)
a cinema; or
(v)
a hospital,
other than where the interest of the council is limited to the ownership of
rights associated with an easement, road or reserve and the purpose of the
easement, road or reserve will not, in the opinion of the council, be
materially affected;
(b)
development that involves—
(i)
the construction of, or a change in use to, a shop or
office; or
(ii)
the construction of a building for the purposes of, or a
change in use to, a form of industry,
other than where—
(iii)
the development involves an existing shop, office or
industry that is owned, used and managed by the council and will not result in
an increase in the total floor area of a building that constitutes, or is used
for the purposes of, the shop, office or industry; or
(iv)
the development involves a public service depot; or
(v)
the interest of the council is limited to the ownership
of rights associated with an easement, road or reserve and the purpose of the
easement, road or reserve will not, in the opinion of the council, be
materially affected;
(c)
development that involves the construction of, or a change in use to—
(i)
more than one detached dwelling; or
(ii)
a group dwelling, multiple dwelling, residential flat
building, row dwelling, retirement village unit or other similar form of
residential development,
other than the alteration of, or an addition to, an existing building;
(d)
development that involves the division of land where the number of allotments
resulting from the division will be greater than one more than the existing
number of allotments.
3—Metropolitan Hills Face Zone
(1) Those classes of
development to which this clause applies in those parts of the areas of the
following councils defined in the relevant Development Plan as Hills Face
Zone, or Metropolitan Open Space System (Hills Face) Zone:
(a) the
Municipalities of Burnside, Campbelltown, Marion, Mitcham, Onkaparinga,
Playford, Salisbury and Tea Tree Gully; and
(b) the
Adelaide Hills Council.
(2) This clause
applies to—
(a) the
construction of a dwelling that is not a detached dwelling;
(b) the
excavation or filling (or excavation and filling) of land, otherwise
than—
(i)
in association with the construction, conversion or
alteration of, or addition to, a building; or
(ii)
for the purposes of a dam used, or to be used, for the
purpose of primary production; or
(iii)
for the purposes of carrying out earthworks that are
ancillary and subordinate to residential or rural development within the ambit
of the relevant application or previously approved under the Act;
(c) the
division of an allotment or allotments, otherwise than where, in the case of
division by deposit of a plan of division in the Lands Titles Registration
Office, the number of allotments to result from the division is equal to or
less than the number of existing allotments;
(d) the
construction (but not alteration) of a tourism development (including tourist
accommodation), entertainment complex, cinema, hospital, shop, office, motel,
hotel, petrol filling station or building to be used for an industrial
purpose.
3A—Commercial forestry—prescribed areas
(1) Development that
involves a change in use of land for the purposes of establishing or expanding
a commercial forest within a prescribed area where the area to be planted
pursuant to the development equals or exceeds 20 hectares.
(2) In
subclause (1)—
commercial forest means a forest plantation where the forest vegetation is
grown or maintained so that it can be harvested or used for commercial
purposes (including through the commercial exploitation of the carbon
absorption capacity of the forest vegetation);
prescribed area means—
(a) the
areas of any of the following councils:
(i)
Adelaide Hills Council;
(ii)
Alexandrina Council;
(iii)
The Barossa Council;
(iv)
The District Council of Mount Barker;
(v)
City of Victor Harbor;
(vi)
The District Council of Yankalilla; or
(b) any
part of the area of the City of Onkaparinga outside Metropolitan Adelaide; or
(c) any
part of the area of the City of Onkaparinga within Metropolitan Adelaide that
is in Policy Area 61 (Primary Production), or Policy Area 62
(Watershed) in the Rural Zone delineated by the relevant Development Plan.
Development that involves the erection of a new building in that part of the
City of Adelaide bounded by Rundle Street, East Terrace, Grenfell Street and
Frome Road.
(1) The following
classes of development within the Adelaide Park Lands:
(a)
development undertaken by a State agency (other than in partnership or joint
venture with a person or body that is not a State agency);
(b)
development undertaken by a State agency for the purposes of public
infrastructure (whether or not in partnership or joint venture with a person
or body that is not a State agency);
(c)
development undertaken by a person where the development is initiated or
supported by a State agency for the purposes of the provision of public
infrastructure and specifically endorsed by the State agency for the purposes
of this clause;
(d)
without limiting a preceding paragraph, development undertaken by a prescribed
person for the purposes of the provision of electricity infrastructure.
(2) In
subclause (1)—
electricity infrastructure has the same meaning as in the
Electricity Act 1996 ;
prescribed person means a prescribed person under regulation 68;
public infrastructure has the same meaning as in section 49 of the Act;
State agency has the same meaning as in section 49 of the Act.
4B—City of Adelaide—developments over $10m
Development in the area of The Corporation of the City of Adelaide where the
total amount to be applied to any work, when all stages of the development are
completed, exceeds $10 000 000.
5—City of Port Adelaide Enfield—Port Adelaide Centre Zone
All classes of development in those parts of the area of the City of Port
Adelaide Enfield within the following policy areas defined in the relevant
Development Plan:
(a)
Policy Area 27—McLaren's Wharf;
(b)
Policy Area 28—Dock One;
(c)
Policy Area 34A—Avicennia Waters;
(d)
Policy Area 34B—Newport Quays;
(e)
Policy Area 34C—North Bank;
(f)
Policy Area 34D—Fletcher's Haven;
(g)
Policy Area 34E—Hart's Mill;
(h)
Policy Area 35—Cruickshank's Corner;
(i)
Policy Area 36—Port Approach.
6—City of Port Adelaide Enfield—Industry (Cast Metals) Zone
All classes of development in that part of the area of the City of Port
Adelaide Enfield defined in a relevant Development Plan as a Industry (Cast
Metals) Zone, other than—
(a) the
alteration of, or an addition to, an existing building, but not including a
case where the floor area of the building will be increased by more than
50 square metres; or
(b) the
construction of an outbuilding ancillary to, or associated with, an existing
building; or
(c) the
division of an allotment or allotments where the number of allotments to
result from the division is equal to or less than the number of existing
allotments; or
(d) the
commencement of the display of an advertisement or the erection of a structure
solely for the purposes of the display of an advertisement.
6A—City of Port Adelaide Enfield—Osborne Maritime Policy Area
All classes of development in that part of the area of the City of Port
Adelaide Enfield defined in the General Industry (2) Zone in the Port Adelaide
Enfield (City) Development Plan as Policy Area 49—Osborne Maritime .
7—Mount Lofty Ranges Water Protection Area
The division of an allotment or allotments outside a township designated in or
by a Development Plan in the Mount Lofty Ranges Water Protection Area, as
declared under Part 8 of the Environment Protection Act 1993 , other
than—
(a)
where the only purpose of the division is to realign the common boundary
between 2 contiguous allotments and no more than 10 per cent of either
allotment is affected by the change in boundary; or
(b)
where 2 habitable detached dwellings are situated on 1 allotment and the
purpose of the division is to divide the allotment into 2 allotments so that
each dwelling will be situated on a separate allotment.
8—Conservation Zones or River Murray Zone (Conservation Policy Area)
Applications for approval to all classes of development in any Conservation
Zone delineated in a Development Plan or in the River Murray Zone
(Conservation Policy Area) in the Development Plan that relates to the area of
the Mid Murray Council, other than—
(a) the
construction, conversion or alteration of, or addition to—
(i)
a detached dwelling; or
(ii)
an outbuilding used, or to be used, in association with
an existing dwelling; or
(iii)
a farm building; or
(b) the
division of an allotment or allotments where the number of allotments to
result from the division is equal to or less than the number of existing
allotments.
(1) Those classes of
development to which this subclause applies in that part of the River Murray
Flood Zone situated in the areas of The Berri Barmera Council, The Coorong
District Council, the District Council of Loxton Waikerie, the District
Council of Renmark Paringa and the Rural City of Murray Bridge.
(1a)
Subclause (1) applies to—
(a) the
division of an allotment;
(b) the
erection or construction of a dwelling on an allotment where no dwelling
currently exists (but not the alteration of or addition to an existing
dwelling);
(c) the
erection or construction of a marina, or mooring facilities, for more than
five boats;
(d) the
erection, construction, conversion or alteration of, or addition to,
residential accommodation for tourists;
(e) the
erection or construction of a building except where the building will be used
in conjunction with a dwelling, and the dwelling and the building are situated
on land held by one or more persons pursuant to the one tenure.
(2) Those classes of
development to which this subclause applies in the River Murray Zone in the
Development Plan that relates to the Mid Murray Council, other than—
(a)
development in the Primary Production Policy Area or the River Settlement
Policy Area within that zone; or
(b) in
respect of development within the ambit of
subclause (3)(b)—development in the Shack Settlement Policy Area
within that zone.
(3) Subclause (2)
applies to—
(a) the
division of an allotment;
(b) the
erection or construction of a dwelling on an allotment where no dwelling
currently exists (but not the alteration of or addition to an existing
dwelling);
(c) the
erection or construction of a marina, or mooring facilities, for more than
five boats;
(d) the
erection, construction, conversion or alteration of, or addition to,
residential accommodation for tourists;
(e) the
erection or construction of a building except where the building will be used
in conjunction with a dwelling, and the dwelling and the building are situated
on land held by one or more persons pursuant to the one tenure.
10—West Beach Recreation Reserve
All classes of development on that land in allotment 21 of Section 157, and
allotments 1 and 2 of section 224, in the Hundreds of Adelaide and Noarlunga
in the area known as West Beach Recreation Reserve and more particularly
described in Certificate of Title Register Book Volume 4196
Folio 330.
11—Land Within Irrigation Areas
All classes of development on that land which is included within Irrigation
Areas proclaimed under the Irrigation Act 1930 but which lies outside
municipal and district council districts.
All classes of development on land subject to a proclamation by virtue of the
Statutes Repeal and Amendment (Development) Act 1993 —
(a) made
under section 62 of the Planning Act 1982 ; or
(b)
having the force and effect of a proclamation made under section 62 of the
Planning Act 1982 .
Any development which involves the construction or alteration of, or the
addition to, a shop or shops where—
(a)
—
(i)
in the case of the erection or construction of a new shop
or shops—
(A) the gross leasable area of the shop
will exceed 2 000 square metres; or
(B) where the application relates to a
number of shops — the aggregate of the gross leasable areas of the shops
to be built on the same allotment or on adjoining allotments will exceed
2 000 square metres; or
(ii)
in the case of the alteration of, or an addition to, an
existing shop or shops—
(A) the increase in the gross leasable area
of the shop will exceed 2 000 square metres; or
(B) where the application relates to a
number of shops — the aggregate of the increases in the gross leasable
areas of the shops situated on the same allotment or on adjoining allotments
exceeds 2 000 square metres; or
(iii)
in the case of an application proposing, or including a
proposal for, the construction of new shops and the alteration of or addition
to existing shops situated on the same allotment or on adjoining allotments
— the aggregate of the gross leasable areas of the new shop or shops
when added to the aggregate of the increases in the gross leasable areas of
the existing shop or shops exceeds 2 000 square metres; and
(b) the
shop or shops are—
(i)
situated within the area of one of the following
councils—
Adelaide Hills Council (other than the former areas of the District Council of
East Torrens or the District Council of Stirling), The Barossa Council (other
than the former area of the District Council of Angaston), the District
Council of Barunga West (other than the former area of the District Council of
Port Broughton), the District Council of Ceduna, the Clare and Gilbert Valleys
Council (other than the former area of the District Council of Clare), the
District Council of Cleve, The Coorong District Council, the District Council
of the Copper Coast, the District Council of Elliston, The Flinders Ranges
Council, the Regional Council of Goyder (other than the former area of the
District Council of Burra Burra), the District Council of Grant, the District
Council of Kapunda and Light, the District Council of Karoonda East Murray,
the District Council of Kimba, the District Council of Loxton Waikerie (other
than the former area of the District Council of Loxton), the District Council
of Mallala, the Mid Murray Council (other than the former area of the District
Council of Mannum), the District Council of Naracoorte and Lucindale, the
Northern Areas Council, the District Council of Orroroo/Carrieton, the
District Council of Peterborough, the Corporation of the City of Port Lincoln,
the Port Pirie Regional Council (other than the former area of the City of
Port Pirie), the District Council of Renmark Paringa (other than the former
area of the District Council of Renmark), the Southern Mallee District
Council, the Wakefield Regional Council, the Wattle Range Council and the
District Council of Yorke Peninsula (other than the former areas of the
District Council of Central Yorke Peninsula or the District Council of
Minlaton); but
(ii)
are not situated within any area designated in the
relevant Development Plan as a—
shopping zone or shopping area
local shopping zone or local shopping area
district shopping zone or district shopping area
business centre zone or business centre area
local centre zone or local centre area
neighbourhood centre zone or neighbourhood centre area
district centre zone or district centre area
regional centre zone or regional centre area
business zone or business area
local business zone or local business area
district business zone or district business area
town centre zone or town centre area
centre zone.
15—City of Salisbury—MFP (The Levels) Zone
All classes of development in that part of the area of the City of Salisbury
defined in the relevant Development Plan as the MFP (The Levels) Zone.
(1) Development for
purposes connected with the construction or operation of a railway that is to
be undertaken on railway land.
(2) In
subclause (1)—
railway land has the same meaning as in clause 13 of Schedule 3.
Development in a Show Grounds Zone delineated in a Development Plan where the
total amount to be applied to any work, when all stages of the development are
completed, exceeds $4 000 000.