South Australian Repealed Regulations South Australian Repealed RegulationsThis legislation has been repealed.
Schedule 3A—Colonel Light Gardens State Heritage Area
The following acts or activities in respect of the Colonel Light Gardens State
Heritage Area are excluded from the definition of development (other than as
otherwise indicated below).
The commencement of an advertising display containing an advertisement—
(a) that
is a traffic control device displayed and erected under the
Road Traffic Act 1961 ; or
(b) that
is displayed by reason of a statutory obligation on the Crown, a Minister of
the Crown, an agency or instrumentality of the Crown, the council, or a person
requiring such display; or
(c) that
is on enclosed land or within a building and is not readily visible from land
outside the enclosure or the building; or
(d) that
is displayed for the purposes of identification, direction, warning or other
information in relation to a detached, semi-detached, row or multiple dwelling
or residential flat building, subject to the following conditions:
(i)
that the advertisement area is not more than 0.1 square
metres; and
(ii)
that the advertising display—
(A) does not move; and
(B) does not flash; and
(C) does not reflect light so as to be an
undue distraction to motorists; and
(D) is not internally illuminated; and
(iii)
that not more than two such advertisements are displayed
in relation to the same building; or
(e) that
is displayed on a building or a building in separate occupation (other than
the side or rear walls of the building) used primarily for retail, commercial,
office or business purposes, subject to the following conditions:
(i)
that the advertisement is not displayed or erected above
any verandah or the fascia of a verandah or, in a case where there is no
verandah, that no part of the advertisement is more than 3.7 metres above
ground level; and
(ii)
that the advertising display—
(A) does not move; and
(B) does not flash; and
(C) does not reflect light so as to be an
undue distraction to motorists; and
(D) is not internally illuminated; or
(f) that
announces a local event of a religious, educational, cultural, social or
recreational character, or that relates to an event of a political character,
subject to the following conditions:
(i)
that the total advertisement area of all advertisements
of that kind displayed on one building or site is not more than two square
metres; and
(ii)
except for an advertisement that relates to a federal,
State or local government election, that the advertisement is displayed for a
period not exceeding one month prior to the event and one week after the
conclusion of the event; and
(iii)
that the advertising display—
(A) does not move; and
(B) does not flash; and
(C) does not reflect light so as to be an
undue distraction to motorists; and
(D) is not internally illuminated; or
(g) that
is on land on which building work is being lawfully undertaken, subject to the
following conditions:
(i)
that the information in the advertisement refers to the
work being undertaken; and
(ii)
that the advertising display—
(A) does not move; and
(B) does not flash; and
(C) does not reflect light so as to be an
undue distraction to motorists; and
(D) is not internally illuminated; and
(iii)
that the advertisement area is not more than three square
metres; or
(h) that
constitutes a moveable sign within the meaning of the Local Government
Act 1999 and is placed on a public street, road or footpath within an
area of the council under that Act; or
(i)
that is a real estate "for sale" or "for lease" sign,
subject to the following conditions:
(i)
that the sign is situated on the land which is for sale
or for lease; and
(ii)
that the sign—
(A) does not move; and
(B) does not flash; and
(C) does not reflect light so as to be an
undue distraction to motorists; and
(D) is not internally illuminated; and
(iii)
that the sign is not more than four square metres in
advertisement area; and
(iv)
that the sign is removed within two weeks after the
completion of the sale or the entering into of the lease.
(1) The placement,
replacement, installation, construction, reconstruction, alteration, repair or
maintenance by the council of playground equipment on or in a recreation area.
(2) The repair or
maintenance by the council of an item of street furniture (including
directional signs, seating or rubbish bins), other than lighting
infrastructure or a weather shelter.
(3) The replacement,
construction, reconstruction, alteration, repair or maintenance by the council
of a road, drain or pipe.
The conferral of a right to occupy a residential unit under the
Retirement Villages Act 1987 .
(1) The construction,
reconstruction, repair or alteration of, or addition to, any of the following
(including any incidental excavation or filling):
(a) an
outbuilding in which human activity is secondary, and which—
(i)
is behind a building or screened from view from a public
road by a building; and
(ii)
is detached from and ancillary to a building erected on
the site, or for which consent has been granted by the relevant authority; and
(iii)
has a total floor area not exceeding ten square metres,
no span exceeding three metres, and no part higher than 2.5 metres above the
natural surface of the ground; and
(iv)
is not being constructed, added to or altered so that any
portion of the building is nearer to an existing boundary of a road than any
distance that may be prescribed in respect of set-backs by the relevant
Development Plan for the road (or a portion of the road); or
(b) a
television aerial or antenna that is attached to the rear side of a chimney
and not more than one metre in height above the topmost point of the chimney;
or
(c) a
swimming pool constructed in association with a dwelling and intended
primarily for use by the occupants of that dwelling, and which—
(ii)
does not have a depth exceeding 300 mm; and
(iii)
is not within ten metres of a boundary of a road on to
which the relevant dwelling faces, and not within three metres of any other
boundary of the relevant allotment; and
(iv)
does not have a finished height, and would not have any
associated structure (other than a fence with a finished height), exceeding
1.5 metres (measured from ground level); or
(ca)
without limiting paragraph (c), an aboveground or inflatable swimming
pool constructed in association with a dwelling and intended primarily for use
by the occupants of that dwelling, and which does not incorporate a filtration
system; or
(d) a
spa pool constructed in association with a dwelling and intended primarily for
use by the occupants of that dwelling and situated behind the dwelling, and
which does not have a maximum capacity exceeding 680 litres; or
(e) a
fence not exceeding two metres in height (measured (if relevant) from the
lower of the two adjoining finished ground levels), other than—
(i)
a fence situated on the boundary of the relevant
allotment with a road (other than a laneway); or
(ii)
—
(A) if there is no adjacent building facing
the same road on to which the building faces—a fence situated between
the building line of the main face of a building and the road on to which the
building faces;
(B) if there is an adjacent building facing
the same road on to which the building faces—a fence situated between a
notional line drawn between the nearest front corner of each building to the
other building and the road on to which the buildings face,
(and for the purposes of this subparagraph buildings separated only by a
laneway will still be taken to be adjacent); or
(iii)
a masonry fence that exceeds (or would exceed) one metre
in height (measured (if relevant) from the lower of the two adjoining finished
ground levels); or
(iv)
a fence that is (or is to be) a safety fence for a
swimming pool approved for construction, or requires approval for
construction, on or after 1 July 1993; or
(v)
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
(f) a
retaining wall that retains a difference in ground levels not exceeding one
metre; or
(g) a
water tank (and any supporting structure) that—
(i)
is part of a roof-drainage system for a building; and
(ii)
has a total floor area not exceeding six square metres;
and
(iii)
has no part higher than the eaves on the nearest part of
the building; and
(iv)
is situated behind or to the side of the building; or
(i)
a temporary builder's office, shed, store or other
similar building that—
(i)
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)
is to be removed at the completion of the relevant
building work; and
(iii)
is positioned on the ground and totally within the site
of the building work.
(2) The repair,
maintenance or internal alteration of a building that—
(a) does
not involve demolition of any part of the building (other than the removal of
fixtures, fittings or non load-bearing partitions); and
(b) will
not adversely affect the structural soundness of the building or the health or
safety of any person occupying or using it; and
(c) is
not inconsistent with any other provision of this Schedule.
(3) The installation
or alteration of a building, or the making of any excavation or filling,
necessary for or incidental to the installation of any electrical, gas, water
or sewage and sullage service (including appliances and fittings), the
installation of which requires the approval of an authority other than a
council, and which does not affect the ability of the building in which it is
installed to resist the spread of fire.
(4) The construction,
reconstruction, repair or alteration of a pergola associated with an existing
dwelling (whether attached to the building or freestanding)—
(a) that
does not have a roof; and
(b)
where each freestanding side of which is open; and
(c)
where no part of which is higher than four metres above the ground; and
(d) that
is not being constructed or altered so that any portion of the pergola is
nearer to an existing boundary of a road than any distance that may be
prescribed in respect of set-backs in the relevant Development Plan for the
road (or that portion of the road); and
(e) that
is not situated in front of the dwelling.
(5) The installation
of, or an alteration of or addition to, a building that is necessary for or
incidental to the installation of—
(a) an
individual air handling unit mounted on a wall, window or floor; or
(b) a
ceiling or roof fan or fan coil section of air conditioning systems not
exceeding 100 kg and installed within the ceiling space; or
(c) an
exhaust fan,
where the item being installed—
(d) is
to be installed at the back of the building, or on the side of the building
but at least six metres back from the front wall of the building; and
(e) does
not encroach on a public street or affect the ability of the place to resist
the spread of fire.
(6) The construction
of a temporary building by, or with the authorisation of, the council where
the building—
(a) does
not remain on the site for more than 30 days; and
(b) is
erected for the use of the council, or for some other public or community
purpose approved by the council; and
(c) does
not carry any advertising material (other than material incidental to the
purpose for which the building is erected).
(7) Any work
undertaken solely for the purposes of—
(a)
fitting a smoke alarm in accordance with the requirements under
regulation 76B; or
(b)
installing a skylight; or
(c)
replacing roofing materials, guttering or down-pipes with the same or similar
materials or items; or
(d)
replacing windows where the kind of materials, style and dimensions are not
changing.
(8) 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;
swimming pool includes a paddling pool.
The use of land and the use of any lawfully-erected building that is
ordinarily regarded as (and is in fact) reasonably incidental to any
particular use of the land and the building, or the land or the building, and
that is for the substantial benefit of the person or persons who, in any
capacity, are making use of the land and the building, or the land or the
building, including, without limiting the generality of the foregoing, the
following uses of land and buildings:
(a) the
carrying on of a home activity; or
(b) the
use of any land or building for the supply, conversion, transformation or
control of electricity by one or more transformers or by any switchgear or
other equipment used wholly or partly for supplying electricity to any part of
such land or building; or
(c) the
keeping of animals, birds, or other livestock (other than horses, sheep,
cattle, pigs, goats, donkeys and wild animals) solely for the domestic needs
or enjoyment of the occupants of a residence (and land appurtenant to a
residence); or
(d) the
parking of any vehicle not exceeding 3 000 kilograms in weight (including
the weight of any attached trailer) on land used for residential purposes.
Painting of a building, other than—
(a)
painting any part of the exterior of—
(i)
the Institute Hall situated on West Parkway in Colonel
Light Gardens; or
(ii)
the RSL Hall on Prince George Parade in Colonel Light
Gardens; or
(b)
painting that involves painting a previously unpainted brick or stone exterior
surface of an existing building.