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DEVELOPMENT REGULATIONS 2008 - SCHEDULE 10

Schedule 10—Decisions by Development Assessment Commission

1—Areas of all councils

        (1)         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 4 additional allotments; or

                  (iv)         the construction of a detached dwelling that will be the only dwelling on the allotment; or

                  (v)         a tree-damaging activity undertaken in relation to a regulated tree; or

                  (vi)         development of any kind undertaken outside Metropolitan Adelaide;

            (b)         development undertaken by the Urban Renewal Authority established under the Urban Renewal Act 1995 , 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

                  (v)         the commencement of an advertising display in relation to a division of land if the display is not situated on the site of the division of land and if the display is a real estate "for sale" or "for lease" sign, subject to the condition 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.

        (2)         The following classes of development in the areas of all councils:

            (a)         prescribed mining operations, excluding the construction or excavation of borrow pits;

            (b)         development of land for the purpose of creating a landfill depot within the meaning of the Environment Protection (Waste to Resources) Policy 2010 under the Environment Protection Act 1993 ;

            (c)         development within a precinct under the Urban Renewal Act 1995 , other than development within the precinct that falls within a class of development specified as development that is to be taken to be complying development for the purposes of the Development Act 1993 .

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;

            (c)         the division of an allotment or allotments, other 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 the Mount Lofty Ranges Policy Area in the Primary Production Zone or the Watershed Protection (Mount Lofty Ranges) Zone delineated by the relevant Development Plan.

4A—Adelaide Park Lands

        (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

        (1)         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.

        (2)         Subject to subclause (3), development—

            (a)         under an application to vary a development authorisation given by the Development Assessment Commission under this clause; or

            (b)         which, in the opinion of the Development Assessment Commission, is ancillary to or in association with a development the subject of an authorisation given by the Development Assessment Commission under this clause.

        (3)         Subclause (2) does not apply to development involving a building in relation to which a certificate of occupancy has been issued.

4C—Inner Metropolitan Area—buildings exceeding 4 storeys

        (1)         Development that involves the erection or construction of a building that exceeds 4 storeys in height in—

            (a)         any part of the area of the following councils defined in the relevant Development Plan as Urban Corridor Zone:

                  (i)         the City of Burnside;

                  (ii)         the Corporation of the City of Norwood Payneham & St Peters;

                  (iii)         the City of Prospect;

                  (iv)         the Corporation of the City of Unley;

                  (v)         the City of West Torrens; or

            (b)         that part of the area of the Corporation of the City of Norwood Payneham & St Peters defined in the relevant Development Plan as District Centre (Norwood) Zone; or

            (c)         any part of the area of the City of Holdfast Bay defined in the relevant Development Plan as District Centre Zone, Glenelg Policy Area 2 or Residential High Density Zone.

        (2)         Subject to subclause (3), development—

            (a)         under an application to vary a development authorisation given by the Development Assessment Commission under this clause; or

            (b)         which, in the opinion of the Development Assessment Commission, is ancillary to or in association with a development the subject of an authorisation given by the Development Assessment Commission under this clause.

        (3)         Subclause (2) does not apply to development involving a building in relation to which a certificate of occupancy has been issued.

5—City of Port Adelaide Enfield—certain Policy Areas within Port Adelaide Regional Centre Zone

Except where the development falls within clause 6 of this Schedule, any 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 38—Cruickshank's Corner;

            (b)         Policy Area 39—Dock One;

            (c)         Policy Area 41—Fletcher's Slip;

            (d)         Policy Area 42—Hart's Mill;

            (e)         Policy Area 44—McLaren's Wharf;

            (f)         Policy Area 45—North West;

            (g)         Policy Area 48—Port Approach.

6—City of Port Adelaide Enfield—developments over $3m within Port Adelaide Regional Centre Zone

        (1)         Development in that part of the area of the City of Port Adelaide Enfield defined in the relevant Development Plan as the Regional Centre Zone where the total amount to be applied to any work, when all stages of the development are completed, exceeds $3 000 000.

        (2)         Subject to subclause (3), development—

            (a)         under an application to vary a development authorisation given by the Development Assessment Commission under this clause; or

            (b)         which, in the opinion of the Development Assessment Commission, is ancillary to or in association with a development the subject of an authorisation given by the Development Assessment Commission under this clause.

        (3)         Subclause (2) does not apply to development involving a building in relation to which a certificate of occupancy has been issued.

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 Industry Zone in the Port Adelaide Enfield Council Development Plan as Osborne Maritime Policy Area 11.

7—Mount Lofty Ranges Water Protection Area

The division of land creating 1 or more additional allotments within the Mount Lofty Ranges Water Protection Area (as declared under Part 8 of the Environment Protection Act 1993 ), other than—

            (a)         the division of land within the area of a township as shown in the relevant Development Plan; or

            (b)         the division of 1 allotment containing 2 existing detached habitable dwellings into 2 allotments for the purpose of allowing each dwelling to be situated on a separate allotment.

10—West Beach Recreation Reserve

All classes of development on that land bounded by bold black lines in the Schedule to the West Beach Recreation Reserve Act 1987 .

12—Private Open Space

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 .

13—City of Charles Sturt—Bowden Village Zone

        (1)         All classes of development in that part of the City of Charles Sturt defined in the Urban Core Zone in the relevant Development Plan as Bowden Urban Village.

        (2)         Without limitation, subclause (1) applies to—

            (a)         a variation of an application for development referred to in section 39(4)(a) of the Act if the development proposed to be varied has previously been given development authorisation under this clause by the Development Assessment Commission; and

            (b)         proposed development that the Development Assessment Commission considers to be ancillary to or in association with development that has previously been given development authorisation under this clause by the Development Assessment Commission,

but does not apply if—

            (c)         the development that was previously given development authorisation is complying development or comprised of a building in relation to which a certificate of occupancy has been issued; or

            (d)         in the case of paragraph (a)—the proposed variation is complying development; or

            (e)         in the case of paragraph (b)—the proposed development is complying development.

14—Certain electricity generators

        (1)         Development for the purposes of the provision of electricity generating plant with a generating capacity of more than 5 MW that is to be connected to the State's power system.

        (2)         A reference in subclause (1) to electricity generating plant is a reference to electricity generating plant within the ambit of paragraph (a) of the definition of electricity infrastructure in section 4(1) of the Electricity Act 1996 .

        (3)         In this clause—

power system has the same meaning as in the Electricity Act 1996 .

15—Railways

        (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.

16—Show Grounds Zones

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.

17—Renewing our Streets and Suburbs Stimulus Program

        (1)         Any development that has been approved by the State Coordinator-General for the purposes of the Renewing our Streets and Suburbs Stimulus Program.

        (2)         Subclause (1) does not apply to development—

            (a)         if the development is in relation to a site where a State heritage place is situated; or

            (b)         involving a building in relation to which a certificate of occupancy has been issued.

18—Kangaroo Island—tourism development in certain conservation zones

Development for the purposes of tourism in those parts of the area of the Kangaroo Island Council defined in the relevant Development Plan as Coastal Conservation Zone or Conservation Zone.

19—University developments over $10m

Development on land within Metropolitan Adelaide exceeding 10 000 square metres occupied by a university if the total amount to be applied to any work, when all stages of the development are completed, exceeds $10 000 000.

20—Certain developments—Metropolitan Adelaide over $5m or outside Metropolitan Adelaide over $3m

        (1)         Any development where—

            (a)         the total amount to be applied to any work (determined in accordance with subclause (3)), when all stages of the development are completed, exceeds—

                  (i)         if the development is in Metropolitan Adelaide—$5 000 000; or

                  (ii)         in any other case—$3 000 000; and

            (b)         the development is not solely for prescribed residential purposes; and

            (c)         the State Coordinator-General determines, by notice in writing served on the proponent, and sent to the relevant council or regional development assessment panel within 5 business days after the determination is made, that the development is a development the assessment of which should be carried out by the State Planning Commission.

        (2)         Without limitation, subclause (1) applies to—

            (a)         a variation of an application for development referred to in section 39(4)(a) of the Act if the development proposed to be varied has previously been given development authorisation under this clause; and

            (b)         proposed development that the State Planning Commission considers to be ancillary to or in association with development that has previously been given development authorisation under this clause,

but does not apply if—

            (c)         the development that was previously given development authorisation is complying development or comprised of a building in relation to which a certificate of occupancy has been issued; or

            (d)         in the case of paragraph (a)—the proposed variation is complying development; or

            (e)         in the case of paragraph (b)—the proposed development is complying development.

        (3)         For the purposes of subclause (1), the total amount to be applied to any work includes any amount to be applied to—

            (a)         any building or structure or any improvements or other physical changes to a building or structure; and

            (b)         any improvements or physical changes to land; and

            (c)         any preliminary work (including, without limitation, site clearance, demolition and remediation); and

            (d)         any professional services; and

            (e)         the provision of, or any modifications to, infrastructure; and

            (f)         any construction work, fit out, signage, utilities, communications, security services, landscaping and contingencies,

but does not include an amount to be applied for the purchase of land or any interest in land.

        (4)         In this clause—

prescribed residential purposes means a single private dwelling or multiple private dwellings but does not include purpose built student accommodation, aged care or serviced accommodation.

21—Diplomatic mission development

        (1)         Diplomatic mission development approved by the State Coordinator-General.

        (2)         Subclause (1) does not apply to diplomatic mission development if the diplomatic mission development is in relation to a site where a State heritage place is situated.



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