South Australian Repealed Regulations South Australian Repealed RegulationsThis legislation has been repealed.
Schedule 9—Public notice categories
Note—
Pursuant to section 38 of the Act, the assignment by these regulations of a
form of development to Category 1 or Category 2 is subject to any assignment
provided by the relevant development plan.
The assignment of various forms of development to Category 1 does not extend
to developments that involve, or are for the purposes of, any activity
specified in Schedule 22 (see regulation 32).
Part 1—Category 1 development
1 Any development classified as a complying
development under these regulations or the relevant Development Plan, or which
would be a complying development if it were to meet the conditions associated
with the classification where the failure to meet those conditions is, in the
opinion of the relevant authority, of a minor nature only.
2 (1) Except where the
development is classified as non-complying under the relevant Development
Plan, any development which comprises—
(a) the
construction of any of the following (or of any combination of any of the
following):
(i)
one or more detached dwellings;
(ii)
one or more single storey dwellings;
(iii)
one or more sets of semi-detached dwellings, provided
that no such dwelling is more than two storeys high;
(iv)
three or more row dwellings or one or more additional row
dwellings, provided that no such dwelling is more than two storeys high; or
(b) the
alteration of, or addition to, a building so as to preserve the building as,
or to convert it to, a building of a kind referred to in paragraph (a);
or
(c) a
change in the use of land to residential use that is consequential on the
construction of, or conversion of a building to, a building of a kind referred
to in paragraph (a), or on the resumption of use of such a building; or
(ca) the
construction of (or of any combination of) a carport, garage, shed, pergola,
verandah, swimming pool, spa pool or outbuilding if—
(i)
it will be ancillary to a dwelling; and
(ii)
it will not be constructed any closer to a street
frontage than the wall of the dwelling that is closest to the street frontage;
and
(iii)
it will not be constructed within the following distance
of a boundary of the site of the development:
(A) if it will have solid walls (including
walls with windows or made of glass)—900 mm; and
(B) in any other case—600 mm;
and
(iv)
in the case of a carport, garage, shed or
outbuilding—
(A) it will not exceed 1 storey; and
(B) if it will have eaves—the eaves
will not be more than 3 metres above the ground; and
(C) if it will not have eaves but will have
gutters—the gutters will not be more than 3 metres above the ground; and
(D) it will have a floor level that is not
more than 0.6 metres above or below natural ground level at any point;
and
(E) it will not have a floor area that is
more than 54 square metres; and
(F) no wall will be more than 9 metres in
length; or
(d) the
construction of a farm building on land used for farming, or the alteration
of, or addition to, a building on land used for farming that preserves the
building as, or converts it to, a farm building; or
(e) the
division of land which creates not more than four additional allotments; or
(f) a
kind of development which, in the opinion of the relevant authority, is of a
minor nature only and will not unreasonably impact on the owners or occupiers
of land in the locality of the site of the development.
(2)
Subclause (1)(a) to (d) (inclusive) does not apply where the development
is to occur in that part of the area of the City of Salisbury defined in the
relevant Development Plan as the MFP (The Levels) Zone.
3 Any development classified as non-complying
under the relevant Development Plan which comprises—
(a) the
alteration of, or addition to, a building which, in the opinion of the
relevant authority, is of a minor nature only; or
(b) the
construction of a building to be used as ancillary to or in association with
an existing building and which will facilitate the better enjoyment of the
purpose for which the existing building is being used, and which constitutes,
in the opinion of the relevant authority, development of a minor nature only;
or
(c) the
division of land where the number of allotments resulting from the division is
equal to or less than the number of existing allotments.
4 The division of land by way of strata plan under
the Community Titles Act 1996 or the Strata Titles Act 1988 .
5 The division of land (including for the
construction of a road or thoroughfare) where the land is to be used for a
purpose which is, in the opinion of the relevant authority, consistent with
the objective of the zone or area under the relevant Development Plan, other
than where the division will, in the opinion of the relevant authority, change
the nature or function of an existing road.
6 (1) Any development
which consists of any of the following, other than where the site of the
development is adjacent land to land in a zone under the relevant Development
Plan which is different to the zone that applies to the site of the
development or where the development is classified as non-complying under the
relevant Development Plan:
(b) the
construction of, or a change in use to, a petrol filling station in a
Commercial, District Commercial, Local Commercial, Industrial, Light
Industrial, Industry, Light Industry or General Industry zone delineated in
the relevant Development Plan; or
(c) the
construction of, or a change in use to, a warehouse, store, timber yard or
service industry in a District Commercial, Industry/Commerce, Industrial,
Light Industrial, Industry, Light Industry or General Industry zone delineated
in the relevant Development Plan; or
(d) the
construction of, or a change in use to, a bank, office or consulting room in
an Office, Local Office, Industry/Commerce, Commercial, Local Commercial or
District Commercial zone as delineated in the relevant Development Plan; or
(e) the
construction of, or a change in use to, a shop, office, consulting room or
bank in a Business zone as delineated in the relevant Development Plan; or
(f) the
construction of, or a change in use to, a motor showroom, used car lot or
auction room in a District Commercial zone as delineated in the relevant
Development Plan; or
(g) the
construction of a building for the purposes of, or a change of use to, light
industry or a motor repair station in an Industrial, Light Industrial,
Industry/Commerce, Industry, Light Industry or General Industry zone as
delineated in the relevant Development Plan; or
(h) the
construction of a building for the purposes of, or a change of use to, general
industry in a General Industry zone as delineated in the relevant Development
Plan; or
(i)
any kind of development within a Local Shopping, District
Shopping, Specialty Goods Centre, Local Centre, Town Centre, City Centre,
Neighbourhood Centre, District Centre, Regional Centre, Regional Town Centre
or District Business zone as delineated in the relevant Development Plan; or
(j) the
construction of, or a change of use to, an educational establishment or
pre-school in an Educational zone as delineated in the relevant Development
Plan; or
(k) the
construction of, or a change of use to, tourist accommodation (and accessory
activities) in a Tourist Accommodation zone as delineated in the relevant
Development Plan; or
(ka) the
construction of, or a change in use to, recreation or tourist related
facilities (including tourist accommodation and any accessory activities) on
land in the Recreation (West Beach) Zone as delineated in the relevant
Development Plan; or
(l) any
kind of development in the Port Adelaide Centre zone or the Lincoln Cove
Centre zone as delineated in the relevant Development Plan; or
(m) the
construction of a building for the purposes of, or a change of use to, light
industry, or the construction of, or a change of use to, an office, in the
Technology Park Zone as delineated in the relevant Development Plan; or
(n) any
kind of development involving, or undertaken for the purposes of, the
construction, creation, use or alteration of any of the following (or of
anything associated with any of the following) within the relevant area at
Cape Jervis (see subclause (2)):
(i)
tourist accommodation;
(ii)
tourist, conference, leisure or amusement facilities;
(iii)
a hotel or tavern;
(iv)
a marina, a boat mooring, a boat storage facility, or a
boat ramp or other boat launching facility;
(v)
a marine harbour or channel;
(vi)
a jetty or wharf;
(vii)
a boat fuelling facility;
(viii)
a breakwater;
(ix)
a navigation aid structure;
(x)
a rock wall or a retaining wall, or coastal protection
works;
(xi)
a shop, or group of shops, with a gross leaseable area
not exceeding 450 square metres; or
(na) the
construction of a building for the purpose of, or a change of use to, general
industry or light industry in an area designated as Industrial (either
existing or proposed)—
(i)
in the Whyalla Town Plan Structure Plan in the
Development Plan that relates to the area of The Corporation of the City of
Whyalla; or
(ii)
in the Whyalla Town Plan, Map LNWCA(W)/1, for the area of
Whyalla that is not within the area of The Corporation of the City of Whyalla;
or
(o) a
change of use to farming in a Rural, Primary Industry, Primary Production,
Deferred Urban, Deferred Development, Watershed Protection, Landscape, MOSS
(rural) or General Farming zone as delineated in the relevant Development
Plan; or
(p) the
construction of, or change in use to, a telecommunications facility the total
height of which does not (or will not) exceed 30 metres in a Commercial, Local
Commercial, District Commercial, Commerce/Industry, Industry/Commerce,
Industrial/Commercial, Industry Deferred, Industry/Business, Local Business,
Public Purpose, Service Depot, Service Industry, Showgrounds, Special
Industry, Deferred Industry, Extractive Industry, Business, Technology Park,
Office, Local Office, Industrial, Light Industrial, Industry, Light Industry,
Commercial Light Industry or General Industry zone, as delineated in the
relevant Development Plan; or
(q) the
construction of a building for the purposes of, or a change in use to, railway
activities in an industrial or commercial zone, or in a Public Purpose or
Service Depot zone, as delineated in the relevant Development Plan; or
(r) the
construction of a building on railway land which is not within the area of a
council.
(2) For the purposes
of subclause (1)(n), the following constitutes the relevant area at Cape
Jervis—
(a) the
Commercial (Cape Jervis) Zone, as delineated in the relevant Development Plan;
and
(b) an
area adjoining the Commercial (Cape Jervis) Zone bounded as follows:
Commencing from the south-western corner of the Commercial (Cape Jervis) Zone
(being where the southern boundary of the zone meets the seacoast) in a
westerly direction into the sea along a projection of the southern boundary of
the zone for a distance of 250 metres, then along a straight line in a
northerly direction to intersect with the projection of the northern boundary
of the zone for 250 metres in a westerly direction from the north-western
corner of the zone (being where the northern boundary of the zone meets the
sea coast), then along that projection in an easterly direction to the
north-western corner of the zone (as described above), and then in a southerly
direction along the western side of the zone (being along the seacoast) to the
point of commencement.
(3) In this
clause—
bank means premises of an ADI 1 ;
railway land has the same meaning as in clause 13 of Schedule 3;
telecommunications facility means a facility within the meaning of the
Telecommunications Act 1997 of the Commonwealth.
Note—
1 An ADI is an authorised deposit-taking
institution within the meaning of the Banking Act (Cwth).
7 Except where the development is classified as
non-complying under the relevant Development Plan, any development within the
City of Adelaide which is listed in the Development Plan as "desired", or any
development within the Core, Frame or Institutional Districts of the City of
Adelaide which is listed in the Development Plan as "For consideration on
merit", including other uses not specified in the use charts, as provided in
Principle 4 of the City of Adelaide Development Plan.
8 Except where the development is classified as
non-complying under the relevant Development Plan, any development which
comprises—
(a)
intensive outdoor recreation of a temporary nature only; or
(b)
active outdoor recreation; or
(c)
passive outdoor recreation,
within the Park Lands Zone of the City of Adelaide.
9 (1) Any form of
aquaculture development—
(a) in
an aquaculture zone delineated by a Development Plan; or
(b) in
an aquaculture zone, a prospective aquaculture zone or an aquaculture
emergency zone identified in an aquaculture policy under the
Aquaculture Act 2001 ; or
(c)
within an area delineated in the following table:
|
Area Name: |
Anxious Bay |
GDA 94 Zone 53 | |
| | |
Eastings |
Northings |
|
Coordinates: |
0 |
479038 |
6285448 |
|
Area Name: |
Port Neill |
GDA 94 Zone 53 | |
| | |
Eastings |
Northings |
|
Coordinates: |
0 |
621498 |
6215064 |
|
Area Name: |
Rivoli |
GDA 94 Zone 54 | |
| | |
Eastings |
Northings |
|
Coordinates: |
0 |
415867 |
5850537 |
10 Any development which comprises the
construction of, or alteration of or addition to, a water or wastewater (or
water and wastewater) treatment plant, or associated infrastructure, as part
of a project for the provision, extension or improvement of public
infrastructure, and which is undertaken on land owned by the Crown, a Minister
of the Crown, or an agency or instrumentality of the Crown.
11 (1) Any development
which comprises a special event if—
(a) the
special event will not be held over more than three consecutive days; and
(b) in
the opinion of the relevant authority, an event of a similar or greater size,
or of a similar or greater impact on surrounding areas, has not been held on
the same site (or substantially the same site) within six months immediately
preceding the day or days on which the special event is proposed to occur.
(2) In
subclause (1)—
special event means a community, cultural, arts, entertainment, recreational,
sporting or other similar event that is to be held over a limited period of
time.
12 Any development in that part of the area of the
City of Salisbury defined in the relevant Development Plan as the MFP (The
Levels) Zone which consists of—
(a) the
division of land; or
(b)
earthworks.
13 Except where the development falls within
clause 22 of this Schedule, any development which comprises a
tree-damaging activity in relation to a significant tree.
14 (1) The
construction of a new railway line, or the extension of an existing railway
line, in a rail corridor or rail reserve.
(2) In
subclause (1)—
railway line has the same meaning as in clause 13 of Schedule 3.
15 Development which consists of the total
demolition and removal of a dwelling (including an unoccupied dwelling) within
a designated area under clause 1(2) of Schedule 4, other than—
(a)
development within the City of Adelaide; or
(b)
development within, or which affects, a State heritage place, a local heritage
place, a Historic (Conservation) Zone or a Historic (Conservation) Policy
Area.
15A Development for the purposes of a trans
shipment facility undertaken more than 2 kilometres offshore (measured
from mean high water mark on the sea shore at spring tide).
15B For the purpose of determining whether a
development should be considered to be of a minor nature only, the relevant
authority—
(a) must
not take into account what is included within Schedule 3; and
(b) may
take into account the size of the site of the development, the location of the
development within that site, and the manner in which the development relates
to the locality of the site; and
(c) if
relevant, may conclude that the development is of a minor nature only despite
the fact that it satisfies some, but not all, of the criteria set out in
item 2(1)(ca).
Part 2—Category 2 development
16 Except where the development falls within Part
1 of this Schedule, is within the City of Adelaide, or is classified as
non-complying development under the relevant Development Plan, any development
which consists of the construction of the following, or a change of land use
consequent on the construction of the following:
(a) a
building of two storeys comprising dwellings; or
(ab) two
or more dwellings on the same site where at least one of those dwellings is
two storeys high, but no residential building is to be more than two storeys
high; or
(b) a
building in a situation referred to in clause 6 of this Schedule where
the site of the proposed development is adjacent land to land in a zone under
the relevant Development Plan which is different to the zone that applies to
the site of the development.
16A Except where the development falls within Part
1 of this Schedule, is within the City of Adelaide, or is classified as
non-complying development under the relevant Development Plan, a change of use
of land in a situation referred to in clause 6 of this Schedule where the site
is adjacent land to land in a zone under the relevant Development Plan which
is different to the zone that applies to the site of the development.
16B Except where the development is classified as
non-complying under the relevant Development Plan or falls within Part 1 of
this Schedule, any development ancillary to a dwelling that comprises the
construction of (or of any combination of) a carport, garage, shed, pergola,
verandah, swimming pool, spa pool or outbuilding.
17 Except where the development is classified as
non-complying development under the relevant Development Plan, the division of
land where the applicant proposes to use the land for a purpose which is, in
the opinion of the relevant authority, consistent with the zone or area under
the Development Plan and where the division will, in the opinion of the
relevant authority, change the nature or function of an existing road.
18 Except where the development is classified as
non-complying under the relevant Development Plan, or is of a temporary nature
only, any development within the Park Lands Zone of the City of Adelaide which
comprises an alteration of, or an addition to, an existing outdoor recreation
activity.
19 Except where the development falls within Part
1 of this Schedule, any development in that part of the area of the City of
Salisbury defined in the relevant Development Plan as the MFP (The Levels)
Zone.
20 Except where the development falls within Part
1 of this Schedule, any development which consists of the construction of a
building for the purposes of, or a change of use to, any of the following in
the Lobethal Woollen Mills Policy Area as delineated in the relevant
Development Plan:
(a)
light industry;
(b)
motor repair station;
(c)
offices, other than new offices, or an addition to existing offices, where the
total floor area of the office building will exceed 10 per cent of the area of
the policy area;
(d)
museum;
(e)
public service depot;
(f)
service industry;
(g)
store;
(h)
warehouse.
21 The construction of a building for the purposes
of, or a change of use to, horticulture, other than olive growing, in a
Horticulture or Horticultural zone delineated in the Development Plan.
22 Except where the activity is undertaken under
section 54A of the Act, any development which comprises a tree-damaging
activity in relation to a significant tree on land owned or occupied by a
council where the council is the relevant authority in relation to the
development.
23 (1) Except where
the development falls within Part 1 of this Schedule, or is classified as
non-complying development under the relevant Development Plan, any
development which consists of the construction of, or change in use to, a
telecommunications facility the total height of which does not (or will not)
exceed 40 metres in a Rural, Primary Industry, Primary Production, Deferred
Urban, Deferred Development, Watershed Protection, MOSS (rural), Horticulture,
Horticultural or General Farming zone, as delineated in the relevant
Development Plan.
(2) In this
clause—
telecommunications facility means a facility within the meaning of the
Telecommunications Act 1997 of the Commonwealth.
Part 3—General provision
24 A reference in this Schedule to a particular
category of zone will be taken to include a reference to any zone of that
category that has an additional designation or specification 1 .
Example—
1 For example, an additional designation or
specification may be a street name, a distinguishing letter of the alphabet or
a distinguishing number, or the name of an area.