DEVELOPMENT REGULATIONS 2008 (NO 233 OF 2008) - SCHEDULE 1
DEVELOPMENT REGULATIONS 2008 (NO 233 OF 2008) - SCHEDULE 1
Act means the Development Act 1993 ;
amusement machine means a machine that is designed and constructed for the
purpose of enabling a person to participate in a game of amusement and is
activated by the insertion of a coin or token, but does not include a lottery
ticket dispensing machine;
amusement machine centre includes premises that contain 4 or more amusement
machines and are open for public use or participation, whether or not the
premises may also be used for some other purpose, and also includes premises
commonly known as pinball parlours, amusement centres, billiard saloons or fun
parlours;
building height means the maximum vertical distance between the natural or
finished ground level at any point of any part of a building and the finished
roof height at its highest point, ignoring any antenna, aerial, chimney,
flagpole or the like;
community centre means land used for the provision of social, recreational or
educational facilities for the local community, but does not include a
pre-school, primary school, educational establishment or indoor recreation
centre;
consulting room means a building or part of a building (not being a hospital)
used in the practice of a profession by a medical, veterinary or dental
practitioner, or a practitioner in any curative science, in the provision of
medical services, mental, moral or family guidance, but does not include a
building or part of a building in which animals are kept for fee or reward;
dairy means a building or part of a building used for all or any of the
operations of commercial milk production (whether mechanical or otherwise) and
includes a milking shed, milk room, wash room or engine room;
detached dwelling means a detached building comprising 1 dwelling on a site
that is held exclusively with that dwelling and has a frontage to a public
road, or to a road proposed in a plan of land division that is the subject of
a current development authorisation;
dwelling means a building or part of a building used as a self-contained
residence;
educational establishment means a secondary school, college, university or
technical institute, and includes an associated pre-school, primary school or
institution for the care and maintenance of children;
electricity substation means:
(a)
works for the conversion, transformation or control of electricity by 1 or
more transformers, or by any switchgear or other equipment; or
(b) any
equipment, building, structure or other works ancillary to or associated with
works referred to in paragraph (a), other than any such works—
(i)
that are mounted on a pole; or
(ii)
that are wholly enclosed in a weather-proof enclosure not
exceeding 8.5 cubic metres; or
(iii)
that are incidental to any lawful use of the land which
the works are situated;
essential safety provisions means—
(a) in
relation to a building erected or altered after
17 June 1991—any safety systems, equipment or other provisions
defined as such, or required to be installed under the Building Code , these
regulations, any former regulations under the Building Act 1971 , or
Ministers Specification SA 32 or 76 ; or
(b) in
relation to a building erected or altered after 1 January 1974 but before
17 June 1991—any safety systems, equipment or other provisions
required under Part 59 of the revoked Building Regulations 1973 to
be inspected, tested or maintained in good working order or submitted to the
council, and in the case of log books, to be maintained and kept;
farm building means a building used wholly or partly for the purpose of
farming, but does not include a dwelling;
farming includes the use of land for any purpose of agriculture, cropping,
grazing, or animal husbandry, but does not include horticulture, commercial
forestry, horse keeping, or any intensive animal keeping or the operation of a
stock slaughter works or dairy;
the fire authority —
(a) in
relation to any part of the State where the South Australian Metropolitan Fire
Service has responsibility for the provision of fire-fighting
services—means the South Australian Metropolitan Fire Service;
(b) in
relation to any other part of the State—means the South Australian
Country Fire Service;
floor area ratio means the ratio between—
(a) the
total floor area contained on all floors within a building or buildings
(excluding areas permanently set aside for the parking, loading, unloading or
movement of vehicles); and
(b) the
area of the site, where the area of the site is expressed as unity;
fuel depot means land used primarily for the storage of petrol, gas, oils or
other petroleum products and within or upon which no retail trade is
conducted;
general industry means any industry other than a service industry, light
industry or special industry;
Golden Grove Development Area means the Development Area under the
Golden Grove (Indenture Ratification) Act 1984 ;
gross leasable area means the total floor area of a building excluding public
or common tenancy areas such as malls, verandahs or public toilets;
group dwelling means 1 of a group of 2 or more detached buildings, each of
which is used as a dwelling and 1 or more of which has a site without a
frontage to a public road or to a road proposed in a plan of land division
that is the subject of a current development authorisation;
home activity means a use of a site by a person resident on the site—
(a) that
does not detrimentally affect the amenity of the locality or any part of the
locality; and
(b) that
does not require or involve any of the following:
(i)
assistance by more than 1 person who is not a resident in
the dwelling;
(ii)
use (whether temporarily or permanently) of a floor area
exceeding 30 square metres;
(iii)
the imposition on the services provided by a public
utility organisation of any demand or load greater than that which is
ordinarily imposed by other users of the services in the locality;
(iv)
the display of goods in a window or about the dwelling or
its curtilage;
(v)
the use of a vehicle exceeding 3 tonne tare in weight;
horse keeping means the keeping or husbandry of horses where more than 1 horse
is kept per 3 hectares of land used for such purposes or where hand
feeding of a horse is involved;
horticulture means the use of land for market gardening, viticulture,
floriculture, orchards, wholesale plant nurseries or commercial turf growing;
hotel means premises licensed, or proposed to be licensed, as a hotel under
the Liquor Licensing Act 1985 , but does not include a motel;
indoor recreation centre means a building designed or adapted primarily for
recreation, but does not include a stadium or amusement machine centre;
industry means the carrying on, in the course of a trade or business, of any
process (other than a process in the course of farming or mining) for, or
incidental to—
(a) the
making of any article, ship or vessel, or of part of any article, ship or
vessel; or
(b) the
altering, repairing, ornamenting, finishing, assembling, cleaning, washing,
packing, bottling, canning or adapting for sale, or the breaking up or
demolition, of any article, ship or vessel; or
(c) the
getting, dressing or treatment of materials (and industrial will be construed
accordingly);
intensive animal keeping means the keeping or husbandry of animals in a
broiler shed, chicken hatchery, feedlot, kennel, piggery, poultry battery or
other like circumstances, but does not include horse keeping;
licensed builder means a building work contractor under the
Building Work Contractors Act 1995 ;
light industry means an industry where the process carried on, the materials
and machinery used, the transport of materials, goods or commodities to and
from the land on or in which (wholly or in part) the industry is conducted and
the scale of the industry does not—
(a)
detrimentally affect the amenity of the locality or the amenity within the
vicinity of the locality by reason of the establishment or the bulk of any
building or structure, the emission of noise, vibration, smell, fumes, smoke,
vapour, steam, soot, ash, dust, waste water, waste products, grit, oil,
spilled light, or otherwise howsoever; or
(b)
directly or indirectly, cause dangerous or congested traffic conditions in any
nearby road;
major public service depot means a public service depot on a site of
8 000 square metres or more;
Minister's Specification means a specification as from time to time issued by
the Minister for the purpose of these regulations;
minor public service depot means a public service depot on a site of less than
8 000 square metres;
motel means a building or group of buildings providing temporary accommodation
for more than 5 travellers, and includes an associated restaurant facility,
but does not include a hotel or residential flat building;
motor repair station means any land or building used for carrying out repairs
(other than panel beating or spray painting) to motor vehicles;
multiple dwelling means 1 dwelling occupied by more than 5 persons who live
independently of one another and share common facilities within that dwelling;
nursing home means a place for the care of the aged and infirm where no care
of outpatients or surgery is undertaken;
office means any building used for administration or the practice of a
profession, but does not include consulting rooms or premises where materials
or goods are stored for sale or manufacture;
open space ratio means the ratio between—
(a) the
area of the open space about a building or the unbuilt portion of a site; and
(b) the
total floor area of any building or buildings on the site (including all
roofed areas, such as carports or verandahs) where that total floor area is
expressed as unity;
petrol filling station means land used for the purposes of fuelling motor
vehicles and may include any associated land for the servicing of motor
vehicles, or for the sale of goods where the area used for the sale of goods
is not greater than 50 square metres, but does not include a motor repair
station;
plan of community division means a plan of community division under the
Community Titles Act 1996 ;
pre-school means a place primarily for the care or instruction of children of
less than primary school age not resident on the site, and includes a nursery,
kindergarten or child-care centre;
prescribed mains means electricity mains of 11 000 volts rating, or less, but
does not include switchgear, transformers or other works ancillary to
prescribed mains deemed by the electricity authority unsuitable to be placed
underground;
public service depot means land used for storage and operations connected with
the provision of public services (including gas, electricity, water supply,
sewerage, drainage, roadworks or telecommunication services) by a body
responsible for the provision of those services;
recreation area means any park, garden, children's playground or sports ground
that is under the care, control and management of the Crown, or a council, and
is open to the public without payment of a charge, but does not include a
stadium;
residential flat building means a single building in which there are 2 or more
dwellings, but does not include a semi-detached dwelling, a row dwelling or a
group dwelling;
restaurant means land used primarily for the consumption of meals on the site;
retail showroom means premises used primarily for the sale, display or offer
by retail, of furniture, floor coverings, household appliances or electronic
equipment for domestic use, but does not include premises for the sale,
display or offer by retail of foodstuffs, clothing, sporting goods and
personal effects goods;
road transport terminal means land used primarily for the bulk handling of
goods for transport by road, whether or not the land is also used for—
(a) the
loading and unloading of vehicles used to transport such goods; or
(b) the
parking, servicing or repairing of vehicles used to transport such goods;
row dwelling means a dwelling—
(a)
occupying a site that is held exclusively with that dwelling and has a
frontage to a public road or to a road proposed in a plan of land division
that is the subject of a current development authorisation; and
(b)
comprising 1 of 3 or more dwellings erected side by side, joined together and
forming, by themselves, a single building;
semi-detached dwelling means a dwelling—
(a)
occupying a site that is held exclusively with that dwelling and has a
frontage to a public road or to a road proposed in a plan of land division
that is the subject of a current planning authorisation; and
(b)
comprising 1 of 2 dwellings erected side by side, joined together and forming,
by themselves, a single building;
service industry means a light industry in which—
(a)
goods manufactured on the site (but not any other goods) are sold or offered
for sale to the public from the site; or
(b)
goods (other than vehicles or vehicle parts) are serviced, repaired or
restored,
and the site occupied for such sale, service, repair or restoration (but not
manufacture) does not exceed 200 square metres;
service trade premises means premises used primarily for the sale, rental or
display of basic plant, equipment or machinery used in agriculture or
industry, boats, caravans, domestic garages, sheds, outbuildings, motor
vehicles, tents, trailers, swimming pools, building materials, landscaping
materials or similar bulky articles or merchandise;
shop means—
(a)
premises used primarily for the sale by retail, rental or display of goods,
foodstuffs, merchandise or materials; or
(b) a
restaurant; or
(c) a
retail showroom; or
(d) a
personal service establishment,
but does not include—
(e) a
hotel; or
(f) a
motor repair station; or
(g) a
petrol filling station; or
(h) a
plant nursery where there is no sale by retail; or
(i)
a timber yard; or
(j)
service trade premises; or
(k)
service industry;
site means the area of land (whether or not comprising a separate or entire
allotment) on which a building is built, or proposed to be built, including
the curtilage of the building, or in the case of a building comprising more
than 1 separate occupancy, the area of land (whether or not comprising a
separate or entire allotment) on which each occupancy is built, or proposed to
be built, together with its curtilage;
special industry means an industry where the processes carried on, the methods
of manufacture adopted or the particular materials or goods used, produced or
stored, are likely—
(a) to
cause or create dust, fumes, vapours, smells or gases; or
(b) to
discharge foul liquid or blood or other substance or impurities liable to
become foul,
and thereby—
(c) to
endanger, injure or detrimentally affect the life, health or property of any
person (other than any person employed or engaged in the industry); or
(d) to
produce conditions which are, or may become, offensive or repugnant to the
occupiers or users of land in the locality of or within the vicinity of the
locality of the land on which (whether wholly or partly) the industry is
conducted;
stock slaughter works means a building or part of a building, or land, used
primarily for slaughter of stock or poultry, or the keeping of stock or
poultry prior to slaughter on site;
store means a building or enclosed land used for the storage of goods, and
within or upon which no trade (whether wholesale or retail) or industry is
carried on, but does not include a junk yard, timber yard or public service
depot;
total floor area with respect to a building or other roofed area means the sum
of the superficies of horizontal sections thereof made at the level of each
floor, inclusive of all roofed areas and of the external walls and of such
portions of any party walls as belong to the building;
warehouse means a building or enclosed land used for the storage of goods and
the carrying out of commercial transactions involving the sale of such goods,
but does not include any land or building used for sale by retail;
waste means waste within the meaning of the Environment Protection
Act 1993 ;
writing in relation to an advertisement, means all modes of representing or
reproducing in visible form (other than by means of any illuminating or
self-illuminating devices) words, figures, emblems or other symbols or any
combination of words, figures, emblems or other symbols.