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DEVELOPMENT REGULATIONS 2008 - SCHEDULE 9

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         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)         1 or more detached dwellings;

                  (ii)         1 or more single storey dwellings;

                  (iii)         1 or more sets of semi-detached dwellings, provided that no such dwelling is more than 2 storeys high;

                  (iv)         3 or more row dwellings or 1 or more additional row dwellings, provided that no such dwelling is more than 2 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

            (d)         the construction of (or of any combination of) a carport, garage, shed, pergola, verandah, fence, swimming pool, spa pool or outbuilding if it will be ancillary to a dwelling; or

            (da)         the construction, installation or alteration of a private bushfire shelter; or

            (e)         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

            (f)         the division of land which creates not more than 4 additional allotments; or

            (g)         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.

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:

            (a)         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

            (b)         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

            (c)         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

            (d)         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

            (e)         the construction of, or a change in use to, a motor showroom, used car lot or auction room in a District Commercial zone or Commercial Zone as delineated in the relevant Development Plan; or

            (f)         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

            (g)         the construction of a building for the purposes of, or a change of use to, general industry in a General Industry zone or Industry Zone as delineated in the relevant Development Plan; or

            (h)         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, District Business, Local Town Centre or District Town Centre zone as delineated in the relevant Development Plan; or

                  (i)         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

            (j)         the construction of, or a change of use to, tourist accommodation (and accessory activities) in a Tourist Accommodation zone or Caravan and Tourist Park Zone as delineated in the relevant Development Plan; or

            (k)         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 Adelaide Shores Zone in the Development Plan that relates to the area of the City of Charles Sturt, or the Adelaide Shores Zone or Coastal Marina Zone in the Development Plan that relates to the area of the City of West Torrens; 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 leasable area not exceeding 450 square metres; or

            (o)         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

            (p)         a change of use to farming in a Rural, Primary Industry, Primary Production, Deferred Urban, Deferred Development, Watershed Protection, Landscape, MOSS (rural), Open Space, Rural Landscape Protection or General Farming zone as delineated in the relevant Development Plan; or

            (q)         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, Infrastructure Zone, Mineral Extraction Zone, Office, Local Office, Deferred Urban, Industrial, Light Industrial, Industry, Light Industry, Commercial Light Industry or General Industry zone, as delineated in the relevant Development Plan; or

            (r)         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

            (s)         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 Cape Jervis Port Zone, as delineated in the relevant Development Plan;

            (b)         an area adjoining the Cape Jervis Port Zone bounded as follows:

Commencing from the south-western corner of the Cape Jervis Port 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 seacoast), 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 (Commonwealth).

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         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:

Port Neill

GDA 94 Zone 53




Eastings

Northings

Coordinates:

0
1
2
3
4
5
6

621498
621224
622620
623428
626813
627066
623702

6215064
6215331
6216721
6217258
6224861
6224673
6217060

Area Name:

Rivoli

GDA 94 Zone 54




Eastings

Northings

Coordinates:

0
1
2
3

415867
417510
416683
415510

5850537
5849364
5848669
5849771

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 3 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 6 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 25 of this Schedule, any development which comprises a tree-damaging activity in relation to a regulated 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 12(3) of Schedule 1A, 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, a Historic (Conservation) Policy Area or a Historic Conservation Area.

16         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).

16A         (1)         Development on university land, except where the development falls within clause 28 of Part 2 of this Schedule.

        (2)         In subclause (1)—

university land means land within Metropolitan Adelaide exceeding 10 000 square metres occupied by a university.

16B         (1)         Except where the development falls within Schedule 1A, the construction or alteration of a system comprising solar photovoltaic panels in a prescribed area if the system is freestanding rather than attached to a building or other structure.

        (2)         Subclause (1) does not apply to a system comprising solar photovoltaic panels with a generating capacity of more than 30 kW.

        (3)         In this clause—

prescribed area means—

            (a)         a General Farming Zone; or

            (b)         a Primary Industry Zone; or

            (c)         a Primary Production Zone; or

            (d)         a Rural Zone; or

            (e)         a Watershed (Primary Production) Zone; or

            (f)         a Watershed Protection (Mount Lofty Ranges) Zone; or

            (g)         the Primary Production Policy Area in the River Murray Zone; or

            (h)         Precinct 1—Cadell Basin Area (Horticulture) in the Cadell (Horticulture) Policy Area in the River Murray Zone,

as delineated in the relevant Development Plan.

16C         Development which comprises replacing development that has been destroyed or significantly damaged by a bushfire in substantially the same form.

17         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(d).

Part 2—Category 2 development

18         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)         1 or more buildings of 2 storeys comprising dwellings; or

            (b)         2 or more dwellings on the same site where at least 1 of those dwellings is 2 storeys high, but no residential building is to be more than 2 storeys high.

19         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, development of a kind referred to in clause 6 of this Schedule (including a change of use of land of a kind referred to in that clause) 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.

21         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.

22         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.

23         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% of the area of the policy area;

            (d)         museum;

            (e)         public service depot;

            (f)         service industry;

            (g)         store;

            (h)         warehouse.

24         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, or Horticulture Policy Area, delineated in the Development Plan.

25         Except where the activity is undertaken under section 54A of the Act, any development which comprises a tree-damaging activity in relation to a regulated tree on land owned or occupied by a council where the council is the relevant authority in relation to the development.

26         (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, Water Protection, MOSS (rural), Horticulture, Horticultural or General Farming zone, or Horticulture Policy Area, 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.

27         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.

28         (1)         Subject to subclause (2), development on university land where—

            (a)         the development will be wholly or partially situated within 10 metres of a boundary of the land; and

            (b)         any part of that boundary is adjacent to land used for a residential purpose.

        (2)         Despite subclause (1), if a particular development within the ambit of that subclause also falls within 1 or more of the various forms of development specified in Part 1 of this Schedule, other than clause 16A, the development is assigned to Category 1 for the purposes of section 38 of the Act.

        (3)         In subclause (1)—

university land means land within Metropolitan Adelaide exceeding 10 000 square metres occupied by a university.

29         (1)         Except where the development falls within Part 1 of this Schedule, any development on relevant land for the purposes of—

            (a)         stock slaughter works; or

            (b)         industry associated with processing livestock or animal products; or

            (c)         energy generation facilities related to development under paragraph (a) or (b), including facilities that generate energy from waste; or

            (d)         activities involving energy generation related to development under paragraphs (a) to (c); or

            (e)         temporary concrete batching plant related to development under paragraphs (a) to (d); or

            (f)         infrastructure and other works or activities related to development under paragraphs (a) to (e).

        (2)         In this clause—

relevant land means the land comprised in the following:

            (a)         Certificate of Title Register Book Volume 5320 Folio 898;

            (b)         Certificate of Title Register Book Volume 5320 Folio 903;

            (c)         Certificate of Title Register Book Volume 5928 Folio 982;

            (d)         Certificate of Title Register Book Volume 6146 Folio 866.

30         (1)         Except where the development falls within Part 1 of this Schedule, and subject to subclause (2), any development in a General Farming, Primary Industry, Primary Production or Rural zone delineated in the relevant Development Plan involving, or for the purposes of, any 1 or more of the following:

            (a)         the construction of, or a change of use to, a shop;

            (b)         the construction of, or a change of use to, tourist accommodation;

            (c)         industry associated with food or beverage production,

including any associated amenities or storage or other facilities.

        (2)         Subclause (1) applies where the total amount to be applied to any work, when all stages of the development are completed, exceeds—

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

            (b)         in any other case—$3 000 000.



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