South Australian Repealed Regulations

This legislation has been repealed.

DEVELOPMENT REGULATIONS 1993 - SCHEDULE 4

Schedule 4—Complying development

Part 1—Development plan

A1—Application of Part 1

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—Building works

        (1)         Other than in relation to the City of Adelaide, a local heritage place, a Residential Historic (Conservation) Zone, a Historic (Conservation) Zone, or a Historic (Conservation) Policy Area—

            (a)         the construction of a new building in the same, or substantially the same, position as a building which was demolished within the previous three years where the new building has the same, or substantially the same, layout and external appearance as the previous building;

            (b)         work undertaken within a building that does not increase the total floor area of the building and does not alter the external appearance of the building to a substantial degree;

            (c)         the total demolition and removal of a building, other than a dwelling (including an unoccupied dwelling) within a designated area under subclause (2);

            (d)         the construction of a fence not exceeding two metres in height (measured from the lower of the two adjoining finished ground levels), other than—

                  (i)         a fence in—

                        (A)         the Hills Face Zone, a Historic (Conservation) Zone, a Historic (Conservation) Policy Area, a Watercourse Zone, a Flood Zone or Flood Plain delineated by the relevant Development Plan, or in any other zone or area shown as being subject to flooding or inundation in the relevant Development Plan; or

                        (B)         a Regional Centre Zone, or in any Centre Zone in the area of The Corporation of the City of Campbelltown; or

                        (C)         the Golden Grove Residential Zone or in the Golden Grove Residential D Zone; or

                        (D)         Policy Area 4 or Policy Area 5 in the Residential Zone in the City of Charles Sturt; or

                  (ii)         a fence within six metres of the intersection of two boundaries of the land where those boundaries both face a road, other than where a 4 x 4 metre corner cut-off has already been provided (and is to be preserved); or

            (iia)         a masonry fence that would exceed one metre in height (measured from the lower of the two adjoining finished ground levels); or

                  (iii)         a fence within 10 metres landward of the coast measured from high water mark on the sea shore at spring tide; or

                  (iv)         a fence which extends seaward from the high water mark on the sea shore at spring tide;

            (e)         the construction of a water tank having a floor area not exceeding 10 square metres and a height not greater than four metres above the ground, other than in the Hills Face Zone, in a Watercourse Zone, Flood Zone or Flood Plain delineated by the relevant Development Plan, or in any other zone or area shown as being subject to flooding or inundation in the relevant Development Plan;

            (f)         the construction of a swimming pool associated with a dwelling and intended primarily for use by the occupants of that dwelling, other than—

                  (i)         a swimming pool in the Hills Face Zone, in a Watercourse Zone, Flood Zone or Flood Plain delineated by the relevant Development Plan, or in any other zone or area shown as being subject to flooding or inundation in the relevant Development Plan; or

                  (ii)         a swimming pool within 10 metres of a boundary with a road on to which the relevant dwelling fronts, or within 3 metres of any other boundary of the relevant allotment; or

                  (iii)         a swimming pool that would have a finished height, or that would have any associated structure (other than a fence) with a finished height, exceeding 1.5 metres (measured from ground level).

        (2)         For the purposes of subclause (1)(c), a designated area is an area within Metropolitan Adelaide declared by the Minister on the application of the relevant council to be a designated area.

        (3)         The Minister may declare the whole, or a part, of the area of a council to be a designated area.

        (4)         The Minister must not make a declaration under subclause (2) unless the Minister is satisfied that the declaration is appropriate as a temporary measure pending the preparation of amendments by the relevant council to the Development Plan that relates to the area of the council in order to introduce or enhance planning objectives and principles relating to residential building design and neighbourhood character and amenity.

        (5)         A declaration of the Minister under subclause (2) must be made by notice in the Gazette.

        (6)         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).

        (7)         The Minister may, by subsequent notice in the Gazette, vary or revoke a declaration under subclause (2) or a condition under subclause (6).

        (8)         However, before taking action under subclause (7), 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 one month), why the proposed course of action should not be taken.

        (9)         Subclause (8) does not apply to a variation or revocation made at the request of the relevant council.

        (10)         Despite a preceding subclause, any declaration of the Minister under subclause (2) will (unless sooner revoked) cease to have effect by force of this provision on 30 June 2003 (and no further declaration can be made by the Minister under that subclause after that date).

        (11)         Without limiting subclause (1)(f), 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.

        (12)         In this clause—

swimming pool has the same meaning as in regulation 76B.

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; 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.

3—Special cemetery buildings

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 three metres above the natural surface of the ground.

4—Railway activities

        (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—Application of Part 2

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).

6         The installation of, or any 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 domestic 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 does not encroach on a public street or affect the ability of the building in which it is installed to resist the spread of fire.

7         The installation or alteration of a building or the making of any excavation or filling that is necessary for or incidental to the installation of, electrical, gas, water, sewage and sullage, or telecommunications services (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 to resist the spread of fire.

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 four 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.

12         The construction of—

            (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

District Council of Ceduna

Clare and Gilbert Valleys Council

The Coorong District Council

Corporation of the Town of Gawler

Regional Council of Goyder

District Council of Kapunda and Light

District Council of Mallala

Mid Murray Council

District Council of Mount Remarkable

City of Playford

Corporation of the City of Salisbury

District Council of Victor Harbor

Wakefield Regional Council

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 10 square metres, no span exceeding three 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 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 ten metres in height, or which is attached to a building and is not more than four 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 one 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 ten square metres; and

                  (iii)         has no part higher than four 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.