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South Australian Planning Policy Library Terminology List

September 2011

Department of Planning and Local Government

Guide

Department of Planning and Local Government

136 North Terrace, Adelaide GPO Box 1815 South Australia 5001

www.dplg.sa.gov.au or www.sa.gov.au

ISBN 978-0-7590-0163-3 FIS 23285

© Government of South Australia. Published 2011. All rights reserved.

GuideDepartment of Planning and Local Government

South Australian Planning Policy Library Terminology List

September 2011

v

Purpose

This document was prepared by the Department of Planning and Local Government (DPLG) to assist councils, planning professionals and consultants to interpret planning policies and improve consistency in Development Plans and when drafting Development Plan Amendments. The South Australian Planning Policy Library Terminology List is intended to be an evolving document and updated regularly. Other relevant information on planning policy interpretation and application can be found in the Technical Information Sheets and Guides at www.sa.gov.au/planning/planningpolicies

vii

Contents

01 INTRODUCTION 1

02 TERMINOLOGY LIST 3

1

Introduction 01The planning system in South Australia uses a large number of terms to identify forms of development and the use of land. Some of these terms are defined legally (primarily in Section 4 of the Development Act 1993 and Schedule 1 to the Development Regulations 2008), but a large number are not. In some cases, the courts have established a legal definition by deriving them from common law, other legislation, or the dictionary. In many other cases though, land use terminology does not have a legally ratified, black-and-white definition. This raises the question of what terminology should be used in Development Plans if their meaning is open to dispute. While definition is ultimately a matter for the legal system, the Department of Planning and Local Government has created a terminology list as a starting point. The terms are arranged in alphabetical order in the leftmost column, with the preferred term in the rightmost column. They can be used in:

Objectives

Principles of Development Control

Envisaged Development

Complying Development

Non-complying Development

Public Notification. The fourth column advises if a given term is a stand alone term or a subset of another term. In line with the South Australian Planning Policy Library Guiding Principles (refer to Technical Information Sheet 1), policy lists should be concise rather than lengthy. To achieve this, the following example demonstrates the judicious use of parent terms as opposed to excessive use of stand alone terms:


Dwelling Except detached dwelling Horticulture Except viticulture

Rather than


Commercial turf growing Floriculture Group dwelling Market gardening Multiple dwelling Orchard Row dwelling Semi-detached dwelling Wholesale plant nursery

2

Although several preferred terms have been derived from case law, this list is not intended as a legal document nor as a substitute for professional legal opinion. It is meant as a planner’s resource document — written by planners, for planners — not an instrument of strict legal interpretation. If practitioners are in doubt they should seek legal advice. Hyperlinks to court judgments are from the Courts Administration Authority of South Australia and the Australasian Legal Information Institute, but are subject to any restructuring of the respective websites and new court precedent. As such, the list is considered to represent current best practice in policy writing, and will be updated as necessary. DPLG welcomes your suggestions for updating or improving the Terminology List – its value will be enhanced by your contributions. For further information or for your suggestions contact: Policy Reform Team, Strategic Policy Division Department of Planning and Local Government email: [email protected] telephone: (08) 8204 8281 Postal address: GPO Box 1815, Adelaide SA 5001

3

Terminology List 02

5

Development Plan Term

Related Terms Legal Notes South Australian Planning Policy Library Notes

Accepted Term for South Australian Planning Policy Library?

Current terms used in Development Plans

This column lists other related terms currently found in Development Plans

These notes provide information from the Development Act 1993, Development Regulations 2008 and case law arising from decisions by the ERD and Supreme Courts

Hierarchy

Explains whether the term is one of a hierarchy of terms (stand alone OR subset)

Parent Term

This identifies the parent term that applies (if the original term is within a hierarchy)

Status

This notes whether the original term is still appropriate or whether it has been, or should be superseded

This explains whether the Development Plan Term listed in the left hand column is the preferred term OR recommends a more appropriate term to use

Abattoir Stock slaughter works - Stand alone - Superseded No – use stock slaughter works

Abutting Land Adjoining land is also commonly used and refers to two separate land parcels that share a common boundary

No – use adjoining land

Active outdoor recreation

Recreation area Appears in Schedule 9 to the Regulations, but is undefined. A working definition was contemplated in Henderson v Adelaide City Council & Arts SA [2003] SAERDC 59 (paragraphs 28, 42, 45, 46, 59) May not be development in some cases

Stand alone - Appropriate Yes

Additions and alterations to…

Extension May fall under “reasonable expansion of an existing use” (see Palma Investments Pty Ltd v Adelaide Hills Council [2003] SAERDC 85, paragraphs 10-14)


Adjacent Land Means land—

(a) that abuts on the other land; or

(b) that is no more than 60 metres from the other land and is directly separated from the other land only by—

(i) a road, street, footpath, railway or thoroughfare; or

(ii) a watercourse; or

(iii) a reserve or other similar open space;

Refer to s. 4 of the Development Act 1993

Yes

6




Adult bookshop Adult products and services premises

- Subset Adult products and services premises

Superseded No – use adult products and services premises

Adult entertainment premises

Adult products and services premises

Term was adopted by the Adelaide City Council Development Plan following Frankham v Adelaide City Council [2003] SAERDC 114


Adult products and services premises

Adult bookshop Adult entertainment

premises

Term was adopted by the Adelaide City Council Development Plan following Frankham v Adelaide City Council [2003] SAERDC 114


Advertisement Advertising Advertising display Advertising hoarding Billboard Sign

Means “an advertisement or sign that is visible from a street, road or public place or by passengers carried on any form of public transport” (see Section 4, Development Act 1993)


Advertising Advertising display Advertising hoarding Advertisement Billboard Sign

- Stand alone - Superseded No – use Advertisement

Advertising display Advertising Advertising hoarding Advertisement Billboard Sign

- Stand alone - Superseded No – Advertisement

Advertising hoarding Advertising Advertising display Advertisement Billboard Sign

Means “a structure for the display of an advertisement or advertisements” (see Section 4, Development Act 1993)


Aerodrome Airfield Airport

- Stand alone - Superseded No – use airfield

7




Affordable housing Dwelling Regulation 5 of the South Australian Housing Trust General Regulations 1995 allows the definition to be made via Gazette notice. The current definition was published in the 14 October 2010 Gazette, (p. 5062), which supersedes the notice published on 20 September 2007 (p. 3729)

Subset Dwelling Appropriate Yes

Aged care Aged accommodation Aged persons home Dependent

accommodation Granny flat Nursing home Residential flat building Retirement home Supported

accommodation

Definition of ‘nursing home’ in Schedule 1 is ‘a place for the care of the aged and infirm where no care of outpatients or surgery is undertaken’

Some aspects may be controlled under the Retirement Villages Act 1987

Subset Supported accommodation

Superseded No – use nursing home

Aged housing Aged accommodation Aged persons

accommodation Aged persons home Dependent

accommodation Granny flat Nursing home Retirement home Supported

accommodation




Superseded No – use aged persons accommodation or nursing home

Aged persons’ accommodation

Aged accommodation Aged housing Aged persons home Dependent


accommodation




Superseded Yes

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Agistment and holding of stock

Animal keeping Farming Horse keeping Stable

- Subset Farming Superseded No – use horse keeping or animal keeping

Agricultural industry Farming Industry

The definition of industry excludes “a process in the course of farming” (see Schedule 1 to the Development Regulations 2008)

Subset Industry Superseded No – use industry in association with farming

Agricultural machinery sales and service

Industry Service trade premises Shop

- Stand alone - Superseded No – use service trade premises

Agriculture Farming Horticulture Intensive animal keeping

Falls under the definition of farming, which means “the use of land for any purpose of agriculture, cropping, grazing or animal husbandry… (see Schedule 1 to the Development Regulations 2008)

Stand alone - Superseded No – use farming and/or horticulture

Air conditioner Air conditioning system If less than 100 kg and installed in the roof space, it is not development (unless in a heritage place or the Colonel Light Gardens State Heritage Area) (see Schedule 3 to the Development Regulations 2008, clause 4 (3) (a) (ii).

Stand alone - Superseded No – use air conditioning system

Air conditioning unit Air conditioner Air conditioning system

If less than 100 kg and installed in the roof space, it is not development (unless in a heritage place or the Colonel Light Gardens State Heritage Area) (see Schedule 3 to the Development Regulations 2008, clause 4 (3) (a) (ii).

Stand alone - Superseded No – use air conditioning system

Airfield Aerodrome Airport

- Stand alone - Appropriate Yes

Airport Aerodrome Airfield

- Stand alone - Superseded No – use airfield

9




Allotment Lot Block Parcel Property

Defined in Section 4 of the Development Act 1993, which in turn refers to Part 19AB of the Real Property Act 1886. Also includes a community lot, development lot and common property within the meaning of the Community Titles Act 1996 and a unit and common property within the meaning of the Strata Titles Act 1988.


Ambulance station Emergency services facility

- Subset Emergency services facility

Appropriate No – use Emergency services facility

Amusement centre Amusement machine centre

Falls under definition of amusement machine centre (Schedule 1 to the Development Regulations 2008)

Subset Amusement machine centre

Superseded No – use amusement machine centre

Amusement machine centre

Includes premises that contain four 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. (see Schedule 1, Development Regulations 2008)


Amusement hall Hall - Subset Hall Superseded No – use hall or Indoor Recreation Centre

Amusement park Fun fair Showground

Stand alone - Superseded No – use showground

Ancillary and in association with Residential Development

Outbuilding Carport Garage Pool Shed Pergola Spa Pool Deck Verandah

No legal definition, and refers to all development listed in the related terms list that relates to residential development

Yes

Animal by-product works

Industry Rendering or fat

extraction works

Rendering or fat extraction works is the term favoured by the Development Regulations 2008 (see Schedule 22, Clause 6(7))

Stand alone Superseded No – use rendering or fat extraction works

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Animal keeping Farming Horse keeping Intensive animal keeping Animal husbandry

According to Schedule 3, clause 5(2)(c) of the Development Regulations 2008, “the keeping of horses, sheep, cattle, pigs, goats, donkeys and wild animals is development (for domestic and non-domestic purposes)”.

Other animals are development if used for non-domestic purposes.

This can be used as a cover-all term for animal keeping that does not meet the definition of ‘intensive animal keeping’ in Schedule 1.

Subset Farming Appropriate Yes

Animal race track - - Stand alone - Appropriate Yes

Antenna Prescribed infrastructure Telecommunications

facility

Some types of antennae are not development (see Schedule 3 to the Development Regulations 2008, clause 12 and definition of “prescribed infrastructure” in subclause (4))

Antennas are to be excluded from the calculation of building heights (see Schedule 1 definition of ‘building height’)


Aquaculture Aquaculture operations Intensive animal keeping

Not defined in the Development Act 1993, but potentially falls under the definition of ‘intensive animal keeping’ in Schedule 1 to the Development Regulations 2008.

Subset Intensive animal keeping

Appropriate Yes

Area used for waste and chemical disposal and/or storage

Store Warehouse Waste reception,

treatment, storage or disposal

- Subset Waste reception, treatment, storage or disposal

Superseded No – use waste reception, treatment, storage or disposal

Art gallery - - Stand alone - Appropriate Yes

Articulation Means to divide into segments, showing joints. Anything articulated is distinctly jointed or marked; having the parts distinctly recognisable

No legal definition. Means to divide into segments, showing joints. Anything articulated is distinctly jointed or marked; having the parts distinctly recognisable

Yes

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Auction room Shop Listed as Category 1 development in a Commercial Zone (see Schedule 9 to the Development Regulations 2008, clause 6(1)(f)

Subset Shop Appropriate Yes

Auditorium Hall - Subset Hall Superseded No – use hall

Backpackers hostel Hostel Multiple dwelling

- Subset Dwelling Superseded Yes

Bakery Shop - Subset Shop Superseded No – use shop or industry

Bank Office Personal service

establishment Shop

“Office” includes any building used for administration or practice of a profession

Subset Office Superseded No – use office

Basement Parking Undercroft car parking No legal definition.

Undercroft refers to an area located underneath a building, which can be located completely or partially below the ground.

No - use undercroft car parking

Bed and breakfast Hotel Motel

If the bed and breakfast is for more than five travellers, it would meet the definition of a motel (per Schedule 1 to the Development Regulations 2008). This interpretation was affirmed in Pohl & Ors v Adelaide Hills Council & Anor (No. 1 [2009] SAERDC 44)

If the premises is licensed under the Liquor Licensing Act, it may fall under the definition of hotel in Schedule 1

Subset Tourist accommodation

Appropriate Yes – or use tourist accommodation

Bee keeping Farming Intensive animal keeping

Bee keeping licences are granted under the Livestock Act 1997 or possibly Council by-laws. May not be development in some cases (i.e. keeping of animals solely for the domestic needs of an occupant), or may fall under definition of “home activity” in some cases (i.e. not development)

Subset Farming Superseded No – use farming or intensive animal keeping

Berthing operation Marina - Stand alone - Superseded No – use berth

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Billiard saloon Amusement machine centre

Falls within definition of “amusement machine centre” in Schedule 1

Subset Amusement Machine Centre

Superseded No – use amusement machine centre

Bird netting associated with horticulture

- May fall under the definition of “structure” if fixed posts or tensioned cables are installed

Subset Horticulture Superseded No – use netting in association with horticulture

Boarding house Dwelling Multiple dwelling Residential flat building

Not defined under state legislation. Subset Multiple dwelling

Superseded No – use multiple dwelling or dwelling

Bowling alley Indoor recreation centre - Subset Indoor recreation centre

Superseded No – use indoor recreation centre

Branch library Community centre Library

- Subset Community centre

Superseded No – use community centre

Building Height Overall building height Natural ground level Wall height

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 (Refer to Schedule 1 of the Development Regulations 2008).

Yes

Builder’s park Builder’s yard - Subset Service trade premises

Superseded No – use service trade premises

Builder’s yard Service trade premises Store

The term/definition was removed from Schedule 1 in 1999. It meant land used by a person carrying on a building trade for storage of materials, vehicles, machinery, or other equipment used or required for the conduct of that trade…

Definition of store excludes the use of land for trade (whether wholesale or retail)

Subset Service trade premises

Superseded No – use service trade premises (if trade is conducted) or store (if no trade is conducted)

Building Design The architectural shape, form and appearance of a building.

Yes

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Building Work - Means “work or activity in the nature of –

(a) the construction, demolition or removal of a building (including any incidental excavation or filling of land); or

(b) any other prescribed work or activity,

but does not include and work or activity that is excluded by regulation from the ambit of this definition.”

(see Section 4 of the Development Act 1993)


Built Form No legal definition.

The shape of the aggregate of all buildings, structures etc which make up the site and / or locality.

Yes

Bulk Mass No legal definition.

Also referred to as Mass which means the overall size and shape of a building

No, use Mass

Bulky goods outlet Bulky goods retailing Retail showroom Service trade premises Shop

Means “premises used primarily for the sale, rental, display or offer by retail of goods, other than foodstuffs, clothing, footwear or personal effects goods, unless the sale, rental, display or offer by retail of the foodstuffs, clothing, footwear or personal effects goods is incidental to the sale, rental, display or offer by retail of other goods”

Shop means “(c) a bulky goods outlet or retail showroom”

(see Schedule 1 to the Development Regulations 2008)


Bulky goods retailing Retail showroom Service trade premises Shop

- Subset Shop Superseded No – use bulky goods outlet

Bunker facility - - Stand alone - Appropriate Yes

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Bunting Advertisement Within the City of Adelaide, bunting falls under the definition of “sign”, and is therefore exempt from development approval in some cases (Schedule 2, clause 8(2)).

ERD Court accepted that flags constituted development in Fadu Pty Ltd vs City of Noarlunga [1998] SAERDC 482.

Subset Advertising Superseded No – use advertisement

Bus depot Transport Depot - Stand alone - Appropriate Yes

Bus shelter - - Stand alone - Appropriate Yes

Bus station Transport interchange - Stand alone - Appropriate Yes

Café Restaurant In Gray Dale P/L v City of Norwood Payneham & St Peters & Ors [2003] SAERDC 30, the ERD Court determined that a café and fine dining restaurant both fall within the definition of ‘restaurant’ (see paragraphs 26-28)

Subset Restaurant Superseded No (as stand alone term) – use restaurant

No (as parent term) – use shop

Camping area Camping ground - Stand alone - Appropriate Yes

Camping ground Camping area - Stand alone - Superseded No – use camping area

Car park Vehicle Parking Australian Standard AS 2890 uses the term ‘Parking facilities’

Stand alone - Appropriate No – use Vehicle Parking

Carport Outbuilding Not defined in the Development Act 1993, but classed as a Class 10a building pursuant to the Building Code of Australia (which has further details).

Yes

Car Wash - - Stand alone - Appropriate Yes

Caravan Park Caravan Camping Area


Caretaker's Residence Dwelling - Stand alone - Superseded No – use dwelling ancillary to/in association with

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Cattle Feedlot Animal Keeping Feedlot Keeping of horses,

cattle, pigs, goats and sheep

Cattle Feedlot is the term favoured by the Development Regulations 2008, (see Schedule 22, Clause 5(1))

Subset Intensive Animal Keeping

Superseded No – use Intensive Animal Keeping

Cemetery Special Cemetery Buildings

- Stand alone Appropriate Yes

Character Building State Heritage Place Local Heritage Place Contributory Item (in an

Historic Conservation Zone)

Local Heritage Place is defined. (Refer to Development Act s 23(4) of the Development Act 1993).

State Heritage Place is defined. (Refer to s 16 Heritage Places Act 1993)

Contributory Item is defined in Planning Bulletin – Heritage 2001

No – use Heritage Place or Contributory Item

Child Care Centre Pre-school Day Care Centre

Falls within definition of “pre-school” in Schedule 1

Subset Educational Establishment

Superseded Stand alone = pre-school

If in associated with secondary school, college, university or technical institute = Education Establishment

Child Care Facility Pre-school Day Care Centre

Falls within definition of “pre-school” in Schedule 1

No use Pre-school

Church Place of Worship Subset Place of Worship

Superseded No – use Place of Worship

Cinema Theatre Subset Entertainment Venue

Superseded No- use Entertainment Venue

Civic Centre Community centre Hall

Subset Community Centre

Superseded No- use Community Centre

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Clubroom Community centre Hall

Appears to fit the definition of community centre, which is “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” (see Schedule 1 to the Development Regulations 2008)

Stand alone - Appropriate No – use community centre

Commercial Forestry Woodlot Forestry

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)” (see Schedule 10 Part 3A in Development Regulations 2008).

Also excluded from the definition of “farming” in Schedule 1 to the Development Regulations 2008.


Communal Open Space Private Open Space Roof top garden

No legal definition.

Space provided for dwellings located above ground level and which is shared with more than one dwelling and is not publicly accessible.

Yes

Community Centre Branch Library Hall

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” (see Schedule 1 to the Development Regulations 2008)

Stand alone Appropriate Yes

Community Facility 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.

Use Community Centre definition of the (Refer Schedule 1 of the Development Regulations 2008: community centre)

No – Use Community Centre

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Community Hall Hall Community Centre

Subset Hall Appropriate No – use hall

Concert Hall Hall Dance Hall

Subset Hall Appropriate No – use hall

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” (see Schedule 1 to the Development Regulations 2008)


Convention Centre - - Stand alone Appropriate Yes

Cottage Industry Home Industry Subset Industry Superseded No – use light industry or service industry

Crash Repair Premises Workshop Panel beating

- Stand alone Industry Appropriate No – use Industry

Crematorium - Requires referral to the Minister administering the Public and Environmental Health Act 1987. (see Schedule 8 of the Development Regulations 2008)


Crossover No legal definition.

Means an access point from a public road, over a verge or footpath into private property.

Yes

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”. (see Schedule 1 of Development Regulations 2008)


Dance Hall Concert hall Hall

Subset Hall Appropriate No – use Hall or Entertainment Venue

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Dependent accommodation

Dual occupancy Granny flat

- Subset Dwelling Appropriate Yes

Detached Dwelling Dwelling As distinct from group

dwelling, multiple dwelling, residential flat building, row dwelling & semi-detached dwelling

Means “a detached dwelling comprising one 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 subject of a current development authorisation”. (see Schedule 1 of Development Regulations 2008)

A detached dwelling (physically speaking) may not be a detached dwelling (legally speaking) without a prior land division approval (see Kermode v City of Mitcham [2007] SAERDC 57)


Dormitory Accommodation

Boarding house Hostel Multiple dwelling Residential flat building

- Subset Dwelling Superseded No – use multiple dwelling

Drive-in Bottle Shop Shop - Subset Shop Superseded No – use shop or shop in association with hotel

Drive-in Theatre - - Stand alone - Superseded No – use drive-in

Driving range Golf course - Stand alone - Appropriate Yes

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Dwelling Detached dwelling Granny flat Group dwelling Multiple dwelling Row dwelling Self contained residence

within a Residential Flat Building (only)

Semi-detached dwelling

Means “a building or part of a building used as a self-contained residence” (see Schedule 1 to the Development Regulations 2008)

A dwelling is distinct from a residential flat building (see South Australian Housing Trust v City of Burnside & Ors [2006] SAERDC 107 paragraphs 19-20)

The interpretation of a dwelling depends not just on the form of the building, but also the proposed use (see Stewart v McQuade [1997] SASC 6170 , paragraphs 56-63)

The expression a ‘detached dwelling’ in Schedule 9 means a dwelling house only and does not include garages even though they are outbuildings ordinarily used with a detached dwelling” (see Baker v City of Norwood, Payneham & St Peters [2003] SASC 282)

Relationship with tourist accommodation units was considered in Barrick Pty Ltd v The Barossa Council [2004] SAERDC 103, paragraphs 2-6


Education Establishment

Child care centre Educational

establishment Pre-school School

- Stand alone - Superseded No – use educational establishment

Education Facilities Educational establishment

- Stand alone - Appropriate Yes, provided it is in association with another use e.g. educational facility in association with airport instead of flight school

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Educational Establishment

secondary school, college, university or technical institute

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” (see Schedule 1 to the Development Regulations 2008). As such, it may not include stand alone primary schools.


Effluent Treatment Plant

Sewage treatment works Wastewater treatment

plant

‘Wastewater treatment plant’ is the term favoured by Schedule 9, clause 10 and the Environment Protection (Fees and Levy) Regulations 1994

Subset Waste reception, storage treatment or disposal

Superseded No – use wastewater treatment plant or waste reception, storage, treatment or disposal

Effluent/Sewerage Waste Treatment Facility

Sewage treatment works Wastewater treatment

plant

‘Wastewater treatment plant’ is the term favoured by Schedule 9, clause 10 and the Environment Protection (Fees and Levy) Regulations 1994

Subset Waste reception, storage treatment or disposal

Superseded No – use wastewater treatment plant or use waste reception, storage, treatment or disposal

Electricity Generating Station

Electricity generating plant

Electricity substation

Electricity substation is defined in Schedule 1, although electricity generating station (Schedules 3, 10, 14, 14A) and electricity generating plant (Section 49) are used elsewhere


Electricity Substation Electricity generating station

Electricity generating plant

Electricity substation is defined in Schedule 1, although electricity generating station (Schedules 3, 10, 14, 14A) and electricity generating plant (Section 49) are used elsewhere


Emergency services Ambulance station Fire station Police station

Section 3 of the Emergency Services Funding Act 1998 identifies various emergency services. For the purposes of BDP, they can be grouped as ‘emergency service facility’

Stand alone Emergency services facility

Superseded No – use emergency services facility

Emergency Services Facility

Ambulance station Fire station Police station

Section 3 of the Emergency Services Funding Act 1998 identifies various emergency services. For the purposes of BDP, they can be grouped as ‘emergency service facility’


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Emergency shelter - If the development is temporary (and undertaken by a state agency) it seems to be exempt from approval (see Schedule 14 to the Development Regulations 2008, clause 1(d))


Emu and Ostrich Farming

Animal keeping Intensive animal keeping

- Subset Animal keeping Appropriate No – use animal keeping or farming

Emu Farming Animal keeping Intensive animal keeping

- Subset Animal keeping Appropriate No – use animal keeping or farming

Entertainment Venue Hall Hotel


Equestrian Centre Horse keeping - Stand alone - Appropriate Yes

Evaporation Basin Prescribed mining operations

If undertaken in accordance with any of the Mining Acts, an evaporation basin would appear to fall under ‘prescribed mining operations’ (per definition (b) in Section 4 of the Development Act 1993)

Subset Prescribed mining operations

Appropriate Yes (if not associated with the Mining Act)

No (if associated with the Mining Act) – use prescribed mining operations

Excavation Cutting The term ‘excavation’ is favoured by the Regulations rather than or ‘cutting’ (per Schedule 2, 3, 3A, 4, 5, 10, 14)

In certain zones, excavation of 9m³ constitutes development (see Schedule 2, clauses 1(1), 2, 5)

In other zones, excavation of any amount may constitute development (see Schedule 2, clause 3)

Excavation in association with certain sundry minor operations may not constitute development (See Schedule 3, clause 3(1))

Excavation for some dams may not constitute development (see Schedule 3, clause 10)

Subset Earthworks Appropriate Yes

Excavation and/or filling of land

Earthworks - Stand alone - Appropriate Yes

22




Exhaust Fan - Unlikely to be development unless in respect of a local heritage place (see Schedule 3, Section 4(3)(a)(iii))


Exhibition Centre Hall - Stand alone - Superseded No – use hall

Exhibition Hall Hall - Stand alone - Superseded No – use hall

Exotic Forest Plantations

Commercial forestry - Subset Commercial forestry

Superseded No – use commercial forestry involving exotic species

Extraction of landfill gas - - Stand alone - Appropriate Yes

Extractive Industry Prescribed mining operations

Definition of “industry“ specifically excludes mining (see Schedule 1 to the Development Regulations 2008)

The Development Act does not prevent or affect operations carried out under any of the Mining Acts (see Section 76 of the Development Act 1993). It can only control prescribed mining operations (defined in Section 4 of the Act)

Stand alone - Superseded No – use prescribed mining operations (for activity that is controlled under the Development Act)

Facilities for the use of tourists and visitors

Tourist facility - Stand alone - Superseded No – use tourist facility

Facilities used in relation to bulk grain handling and storage

Bulk handling and storage facility

Road transport terminal

- Stand alone - Superseded No – use bulk handling and storage facility

Farm Building Shed Store

Means a building used wholly or partly for the purpose of farming, but does not include a dwelling (see Schedule 1 to the Development Regulations 2008)


Farm Stay accommodation for more than 15 guests

Bed and breakfast Dwelling Motel Tourist accommodation

Appears to fit the definition of motel, which is “a building or group of buildings providing temporary accommodation for more than five travellers, and includes an associated restaurant facility, but does not include a hotel or residential flat building” (see Schedule 1 to the Development Regulations 2008)

Subset Tourist accommodation

Superseded No – use motel or tourist accommodation in the form of farm stay accommodation for no more than 15 guests

23




Farming Agriculture “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” (see Schedule 1 to the Development Regulations 2008)

Subset - Appropriate Yes

Farming Stable Agistment Farm building Horse keeping

- Subset Farm building Superseded No – use stable or horse keeping

Fauna and Flora Protection Reserve

Conservation Park Wilderness Protection

Area

If undertaken by the Crown, such reserves are established under Part 3 of the National Parks and Wildlife Act 1972. Various categories of reserves exist, but the term ‘fauna and flora protection reserve’ is not recognised under law. Such reserves are also exempt from approval due to Schedule 14 to the Development Regulations 2008, clause 1(b)(iv)

Stand alone - Superseded No – such reserves are outside the Scope of the Development Act

Feedlot Intensive animal keeping Falls under the definition of ‘intensive animal keeping’ (see Schedule 1 to the Development Regulations 2008)


Appropriate No – use intensive animal keeping

Fence Brush fence Retaining wall Wall

Some brush fences do not require development plan consent (see Schedule 1A to the Development Regulations 2008)

A large number of fences under 2.1 metres are not development (see Schedule 3 to the Development Regulations 2008, clause 4(1)(f)


Fenestration No legal definition.

Means the arrangement of windows in a building

Stand alone Yes

Fencing Brush fence Fence Retaining wall Wall

- Stand alone - Superseded No – use fence

24




Filling - The term filling is favoured in Schedule 2, clauses 1-5, but there are several cases where it is not development.

Also, the ERD Court determined a “substantial quantity of filling to be placed on the land” [a gully] was not development in Development Assessment Commission v Macag Holdings Pty Ltd [2000] SAERDC 81

Subset Earthworks Appropriate Yes

Fire Station Emergency services facility


Appropriate No – use emergency services facility

Fixed Public Transport Stop

Transit Corridor No legal definition.

Means a fixed public transport stop refers to transport stops associated with trains, trams and O-Bahn transit corridors (Refer to The 30-Year Plan for Greater Adelaide “Transit Corridors”).

Yes

Food Processing Industry Definition (b) of “industry” in Schedule 1 appears to cover most examples of food processing

Stand alone - Superseded No – use industry

Forestry Commercial forestry Commercial forest is defined within Schedule 10 and specifically excluded from the definition of ‘farming’ in Schedule 1.

Stand alone - Superseded No – use commercial forestry

Form No legal definition.

Means the shape or configuration of a building as opposed to its colour or texture.

Foundry Industry - Subset Industry Appropriate Yes

Freight terminal Road transport terminal ‘Freight terminal building’ appears in Schedule 4, clause 4(1)(a)(i).

‘Freight terminal’ can fall within the definition of ‘railway’ for the purposes of Schedule 22, clause 7(2)


Frost Fan - Specific requirements for frost fans appear in Sections 31 and 32 of the Environment Protection (Noise) Policy 2007.


25




Fuel Depot ‘petrol filling station’ has additional associated uses (retail and car servicing)

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” (see Schedule 1 to the Development Regulations 2008)


Fun Fair Amusement machine centre

Showground

- Subset Showground Superseded No – use showground

Funeral Parlour Funeral home - Stand alone - Appropriate Yes

Further Education Educational establishment

- Subset Educational establishment

Superseded No – use educational establishment

Gantry and Loading Structures

- - Stand alone - Appropriate No – use gantry and loading structure

Garage Carport Outbuilding Shed

The expression ‘a detached dwelling’ in Schedule 9 means a dwelling house only and does not include garages even though they are outbuildings ordinarily used with a detached dwelling” (see Baker v City of Norwood, Payneham & St Peters [2003] SASC 282)

Class 10a building pursuant to the Building Code.


Gas Holder Gas infrastructure - Stand alone - Appropriate No- use gas infrastructure

General Farming Agriculture Farming Primary production

- Stand alone - Superseded No – use farming

General Industry Industry - Subset Industry Appropriate Yes

Glasshouse Horticulture - Stand alone - Appropriate Yes

Goat Keeping Animal keeping Farming Intensive animal keeping

Keeping of goats is development; it is listed as an exception to domestic animal keeping that is exempt from approval. See Schedule 3, clause 5 (2)(c) of the Development Regulations 2008


Golf Course Driving range - Stand alone - Appropriate Yes

26




Grazing of Stock Farming Grazing

- Subset Farming Superseded No – use farming

Green Roof Living Roof No legal definition.

A green roof is a roof of a building that is partially or completely covered with vegetation and a growing medium, planted over a waterproofing membrane. It may also include additional layers such as a root barrier and drainage and irrigation systems. One of its primary functions is to harvest, treat, store and re-use stormwater on site (refer WSUD Technical Manual for Greater Adelaide)

Yes

Green Wall Living Wall No legal definition.

A green wall is a wall, either free-standing or part of a building, that is partially or completely covered with vegetation and, in some cases, soil or an inorganic growing medium. One of its primary functions is to harvest, treat, store and re-use stormwater on site (refer WSUD Technical Manual for Greater Adelaide)

Yes

Greenway Open space corridors No legal definition.

Means a network of green corridors that links open spaces across the Greater Adelaide region. Greenways will promote liveability and sustainability by creating safe opportunities for walking and cycling and enhance biodiversity through the planting of local indigenous species.( Refer Glossary of 30 Year Plan - p. 219)

Yes

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Group Dwelling Dwelling As distinct from

detached dwelling, multiple dwelling, residential flat building, row dwelling & semi-detached dwelling

“One of a group of two or more detached buildings, each of which is used as a dwelling and one 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” (see Schedule 1, Development Regulations 2008)

The structural reality of the building (i.e. separate dwellings) overruled the physical appearance (i.e. residential flat building) (see Eastern Building Group v City of Norwood, Payneham & St Peters [2003] SAERDC 95, paragraphs 6-10).


Gross Leasable Floor Area

Gross leasable area Gross leasable area means the total floor area of a building excluding public or common tenancy areas such as malls, verandahs or public toilets (Refer Schedule 1 of the Development Regulations 2008:

No – use gross leasable area

Growers' Building Farm building - Stand alone - Superseded No – use farm building

Guest House Dwelling - Stand alone - Superseded No – use dwelling or tourist accommodation

Gymnasium Indoor recreation centre - Stand alone - Superseded No – use indoor recreation centre

Habitable Dwellings Dwelling - Stand alone - Superseded No – use dwelling

Hall Amusement hall Community centre Community hall Dance Hall Meeting hall


Harbour Installation - - Stand alone - Superseded Yes

Health Care Facilities Consulting room Personal service

establishment Shop

- Stand alone - Superseded No – use consulting room

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Health Centre Consulting room Indoor recreation centre Personal service

establishment Shop

- Stand alone - Superseded No – use consulting room or indoor recreation centre

Helicopter Landing Pad Helipad The term ‘Helicopter landing facilities’ is used in Schedule 22 to the Development Regulations 2008

Stand alone - Superseded No – use helicopter landing facility

Helipad - The term ‘Helicopter landing facilities’ is used in Schedule 22 to the Development Regulations 2008

Stand alone - Superseded No – use helicopter landing facility

High Density Development

Medium Density Development

Low Density Development

Means more than 70 dwelling units/ha (net) (Refer to The 30-Year Plan for Greater Adelaide p. 95)

Yes

High Frequency Public Transport Corridor


Refers to a public transport route that has convenient and regular services every 15 minutes.

High Rise Development Medium Rise Development

Low Rise Development

Means more than 10 storeys (Refer to The 30-Year Plan for Greater Adelaide p. 95)

Yes

Home based industry Home activity Light industry Service industry

A small-scale home industry fell within the definition of ‘light industry’ (see Waters v Mid Murray Council [2004] SAERDC 93, paragraphs 37-39)

Subset Industry Superseded No – use light industry or service industry)

Home business Home activity Defined in Schedule 1 to the Development Regulations 2008, but is not development if it meets the prescribed criteria and is on land used for residential purposes (see Schedule 3 to the Development Regulations 2008, clause 5(2)(a)

Stand alone - Superseded No – use light industry or service industry

?? shop, office

29




Home Industry Home based industry Light industry Service industry

Defined in Schedule 1 to the Development Regulations 2008, but is not development if it meets the prescribed criteria and is on land used for residential purposes (see Schedule 3 to the Development Regulations 2008, clause 5(2)(a)

A small-scale home industry fell within the definition of ‘light industry’ (see Waters v Mid Murray Council [2004] SAERDC 93, paragraphs 37-39)

Subset Industry Superseded No – use light industry or service industry

Horse Keeping Animal keeping Farming Stable

Means “the keeping or husbandry of horses where more than one horse is kept per three hectares of land used for such purposes or where hand feeding of a horse is involved” (see Schedule 1 to the Development Regulations 2008)

Subset Animal keeping Appropriate Yes

Horse Stables Animal keeping Farming Stable

- Stand alone - Superseded No – use stable

Horticultural Building Horticulture Would not fall under the definition of farm building (because farm building involves a building used for the purpose of farming and the definition of farming specifically excludes horticulture.


Horticulture - Means “the use of land for market gardening, viticulture, floriculture, orchards, wholesale plant nurseries or commercial turf growing” (see Schedule 1 to the Development Regulations 2008)


Hospital - - Stand alone - Appropriate Yes

Hostel Group dwelling Multiple dwelling Residential flat building

- Subset Dwelling Superseded No – use group dwelling, multiple dwelling or residential flat building

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Hotel Private hotel Tourist accommodation

Means “premises licensed, or proposed to be licensed, as a hotel under the Liquor Licensing Act 1985, but does not include a motel” (see Schedule 1 to the Development Regulations 2008)


Hotel/Tavern Hotel Licensed Entertainment

Premises

- Stand alone - Superseded No – use hotel

Incinerator Waste reception, storage, treatment or disposal

‘Detached incinerator’ is the term favoured in Schedule 3 to the Development Regulations 2008

Subset Waste reception, storage, treatment or disposal

Appropriate Yes

Individual Air Handling Unit

Air conditioner ‘Individual Air Handling Unit’ is the term favoured in Schedule 3 to the Development Regulations 2008


Indoor Events Indoor recreation centre Special event

The term ‘special event’ is favoured by Schedule 9 to the Development Regulations 2008, clause 11

Stand alone - Superseded No – use special event (if for a limited time period); or indoor recreation centre

Indoor Games Centre Gymnasium Indoor recreation centre Amusement machine

centre

- Stand alone - Superseded No – use indoor recreation centre or amusement machine centre

Indoor Games Tavern Amusement machine centre

Indoor recreation centre

- Stand alone - Superseded No – use amusement machine centre or indoor recreation centre

Indoor Non-sport Related Events

Community centre Indoor recreation centre Place of worship Special event

- Stand alone - Superseded No – use special event

Indoor Recreation Indoor recreation centre - Stand alone - Superseded No – use indoor recreation centre

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Indoor Recreation Centre

- Means “a building designed or adapted primarily for recreation, but does not include a stadium or amusement machine centre” (see Schedule 1 to the Development Regulations 2008)


Indoor Recreation Facility

Indoor recreation centre - Stand alone - Superseded No – use indoor recreation centre

Indoor recreation Indoor recreation centre - Stand alone - Superseded No – use indoor recreation centre

Industry General industry Light industry Service industry Special 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)”



Information and directional signs

advertisement street furniture

A directional sign (undertaken by a Council) is likely to be classed under ‘street furniture’ and therefore may not be development (see Schedule 3 to the Development Regulations 2008, clause 2(1)(g))

Stand alone - Appropriate No – use interpretive and/or directional sign

Intensive Animal Keeping

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” (see Schedule 1 to the Development Regulations 2008)


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Intensive Outdoor Recreation (of playing fields, hardcourts)

Recreation area If under the care/control of the Crown/Council and open to the public without charge, it would fall under the definition of “recreation area” (see Schedule 1 to the Development Regulations 2008)

Stand alone - Superseded No – use recreation area or sports ground

Intermodal Cargo Transfer Facilities

Road transport terminal - Stand alone - Superseded No – use intermodal rail freight facility

Internal Building Work Building work ‘internal alteration of a building’ is the term used in Schedule 2, 3A, 8, but in many cases is not development

Subset Building work Superseded No – use internal alteration of a building

Irrigated Horticulture Horticulture - Subset Horticulture Appropriate Yes

Junk Yard Waste reception, storage, treatment or disposal

Definition of ‘store’ in Schedule 1 specifically excludes junk yard


Superseded No – use waste reception, storage, treatment or disposal. Alternatively, use wrecking yard

Keeping of Animals Animal keeping Farming Intensive animal keeping

- Stand alone - Superseded No – use animal keeping

Keeping of horses, cattle, pigs, goats and sheep

Animal keeping Farming Horse keeping

Keeping of horses, sheep, cattle, pigs, goats, donkeys or wild animals is development, because it is excluded from ‘Acts and activities which are not development’. (see Schedule 3 to the Development Regulations 2008, clause 5(2)(b)).

For further discussion, see Ey V Campbelltown City Council [2008] SAERDC 40

Stand alone - Superseded No – use animal keeping

Kennel Intensive animal keeping Keeping of dogs (i.e. pet dogs) for solely the domestic needs/enjoyment of the owner is not development (see Schedule 3, clause 5(2)(c) to the Development Regulations 2008).

Keeping of dogs for commercial purposes (e.g. breeding) in a kennel is intensive animal keeping (see Marley-Duncan v. Corporation of the Town of Gawler & Ioannidis) [2003] SAERDC 28


Superseded No – use intensive animal keeping

33




Land Based Aquaculture

Aquaculture Certain leases and licences under the Aquaculture Act 2001 must be secured beforehand, otherwise the development application may be treated as hypothetical by the ERD Court: (see Peel v Development Assessment Commission [2004] SAERDC 38)**


Superseded No – use aquaculture (i.e. marine based aquaculture is beyond the low water mark/Development Plan boundary)

Land Division Boundary realignment Subdivision

‘division of an allotment’ is defined in Section 4 of the Development Act 1993 and includes division, subdivision, re-subdivision, community plans, strata plans, boundary alterations, leases, or licences


Land fill that constitutes solid waste disposal required to be licensed as a waste depot under the Environment Protection Act 1993.

Refuse disposal Rubbish dump


Appropriate No – use waste reception, treatment, storage or disposal

Land used for the reception, storage or disposal of waste and chemicals

- - Subset Waste reception, treatment, storage or disposal

Appropriate No – use waste reception, treatment, storage or disposal

Landfill Waste reception, treatment, storage or disposal



Land Allotment No legal definition.

Land means

(a) land as a physical entity, including land covered with water and including any building on, or fixture to, the land; or

(b) any legal estate or interest in, or right in respect of, land;

Refer s. 4 Development Act 1993

Yes

34




Landscape Supplies Service trade premises - Subset Service trade premises


Land Use Land No legal definition.

The purpose for which land and / or buildings are used; or activities that are undertaken.

Land means

(a) land as a physical entity, including land covered with water and including any building on, or fixture to, the land; or

(b) any legal estate or interest in, or right in respect of, land;

Refer s. 4 Development Act 1993

Yes

Library Community centre - Subset Community centre

Appropriate Yes

Licensed entertainment premises

Licensed premises Alcohol provision is not secured under the Development Act; it requires approval under the Liquor Licensing Act 1997. If approved, the premises is known as a licensed premises and falls under one of 11 categories (per Sections 4 and 31(2)). These include: hotel licence, residential licence, restaurant licence, entertainment venue licence, club licence, or retail liquor merchant’s licence. (see Sections 32-37)

Subset Licensed premises

Superseded No – use licensed premises in association with (hotel, dwelling, restaurant, shop, etc)

Licensed Entertainment Venue

Licensed premises Alcohol provision is not secured under the Development Act; it requires approval under the Liquor Licensing Act 1997. If approved, the premises is known as a licensed premises and falls under 11 categories (see Sections 4 and 31(2)). These include: hotel licence, residential licence, restaurant licence, entertainment venue licence, club licence, or retail liquor merchant’s licence. (see Sections 32-37)

Subset Licensed premises

Superseded No – use licensed premises in association with (hotel, dwelling, restaurant, shop, etc)

35




Licensed Premises in association with a hotel, dwelling restaurant, shop etc

Licensed premises Alcohol provision is not secured under the Development Act; it requires approval under the Liquor Licensing Act 1997. If approved, the premises is known as a licensed premises and falls under 11 categories (see Sections 4 and 31(2)). These include: hotel licence, residential licence, restaurant licence, entertainment venue licence, club licence, or retail liquor merchant’s licence. (see Sections 32-37)


Licensed Venue Licensed premises Means a premises in respect of which a licence is in force under the requirements of the Liquor Licensing Act 1997.

No – use licensed premises

Light Industry Industry Service 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”


Subset Industry Appropriate Yes

Liquid Fuel Depot Fuel depot Storage of petroleum products in tanks with a total storage capacity up to 2000 cubic metres may be a Schedule 21 activity; beyond this figure (or when exceeding production of more than 20 tonnes per hour), it is a Schedule 22 activity

Stand alone - Superseded No – use fuel depot

36




Liquid Waste Depot Waste reception, treatment, storage or disposal



Local Health Centre Consulting room Indoor recreation centre

- Stand alone - Superseded No – use consulting room or indoor recreation centre

Local Water Treatment Station

Waste reception, treatment, storage or disposal

‘Local water treatment station’ appears in Schedule 14A as state agency development exempt from approval

Stand alone - Appropriate No – a local water treatment station is exempt from development approval

Lodging House Group dwelling Multiple dwelling

The term is not used in the Development Act or Regulations, but some Councils have made by-laws under the Local Government Act 1999 to tackle the issue more clearly (e.g. City of Unley)

Subset Dwelling Superseded No – use group dwelling, multiple dwelling or tourist accommodation

Machinery Sales and Services

Service trade premises Subset Service trade premises


Major public service depot

Depot Public service depot Works depot

Means “a public service depot on a site of 8 000 square metres or more” (see Schedule 1 to the Development Regulations 2008)

Subset Public service depot

Appropriate Yes

Major Repair Station Motor repair station - Stand alone - Superseded No – use motor repair station

Marina Boat mooring Harbour installation

Within the River Murray Zones the construction of a marina or mooring facility will be assessed by the Development Assessment Commission (see Schedule 10 to the Development Regulations 2008)


Market Shop - Stand alone - Superseded No – use shop

37




Marshalling Yard Railway land Railway yard

‘Railway land’ means ‘

(a) land within a rail corridor or rail reserve, including any associated sidings; and

(b) railway yards; and

(c) other land over which a railway track passes;


Subset Railway land Superseded No – use railway land

Mass Bulk No legal definition.

Means the overall size and shape of a building.

Yes

Mass Transit Means regular and significant public transportation facilities and vehicles such as trains, trams and buses (Refer to The 30-Year Plan for Greater Adelaide - p. 219):

Yes

Medium Density Development

High Density Low Density

Means 35–70 (net) dwelling units/ha (Refer to The 30-Year Plan for Greater Adelaide)

Yes

Medium Rise Development

High Rise Low Rose

Means 4 – 10 storeys (Refer to The 30-Year Plan for Greater Adelaide p. 95)

Medium Rise Development

Meeting Hall Amusement hall Community centre Community hall Dance Hall Meeting hall

- Subset Hall Superseded No – use hall

Meeting Place Clubroom Community centre Hall

- Subset Hall Superseded No – use community centre or hall

Meeting Room Clubroom Community centre Hall

Internal alteration of a building (with a few exceptions) is not development (see Schedule 3, to the Development Regulations, clause 4(2)). In the context of BDP, the convention is to focus on external building work (i.e. buildings) rather than internal rooms.

Stand alone - Superseded No – use reference to the building itself e.g. additions or alterations to… or hall

38




Merchant's/Agents' Buildings

Office Shop Warehouse

- Stand alone - Superseded No – use office, shop or warehouse

Mineral Water Extraction and/or Processing Plant

Industry Definition (b) of ‘industry’ includes ‘… cleaning, washing, packing, bottling…or adapting for sale…of any article’ (see Schedule 1 to the Development Regulations 2008)

Subset Industry Superseded No – use industry

Mining Prescribed mining operations

The Development Act does not prevent, or otherwise affect operations carried on in pursuance of the Mining Acts or a private mine (see Section 76 of the Development Act 1993). It seems that the only aspect of mining that can be controlled under the Development Act is ‘prescribed mining operations’ (as defined in Section 4 of the Development Act 1993)

Stand alone - Superseded No – use prescribed mining operations

Mining and loam extraction

Prescribed mining operations

The Development Act does not prevent, or otherwise affect operations carried on in pursuance of the Mining Acts (see Section 76 of the Development Act 1993). It seems that the only aspect of mining that can be controlled under the Development Act is ‘prescribed mining operations’ (as defined in Section 4 of the Development Act 1993)


superseded No – use prescribed mining operations

Mining Operation Prescribed mining operations

The Development Act does not prevent, or otherwise affect operations carried on in pursuance of the Mining Acts or a private mine (see Section 76 of the Development Act 1993). It seems that the only aspect of mining that can be controlled under the Development Act is ‘prescribed mining operations’ (as defined in Section 4 of the Development Act 1993)


Superseded No – use prescribed mining operations

Minor Public Service Depot

Public service depot Means ‘a public service depot on a site of less than 8000 square metres’ (see Schedule 1 to the Development Regulations 2008)

Subset Public service depot

Appropriate Yes

Mixed Use buildings No legal definition.

Means buildings containing two or more unrelated land uses, e.g. residential and offices.

Stand alone Yes

39




Mobile Sign Advertisement If the sign constitutes a moveable sign under the Local Government Act 1999 and is placed on a public street, road or footpath within an area of a council, it is not development (see Schedule 3 to the Development Regulations 2008).

Definition of moveable sign is ‘a moveable advertisement of sign’ (see Section 4(1) of the Development Act 1993)

The approval process is governed by Section 226 of the Local Government Act 1999

Subset Advertisement Superseded No – use advertisement [assuming it is development]

Motel Tourist accommodation Means “a building or group of buildings providing temporary accommodation for more than five travellers, and includes an associated restaurant facility, but does not include a hotel or residential flat building” (see Schedule 1 to the Development Regulations 2008)


Motel Office Office - Stand alone - Superseded No – use office in association with dwelling

Motor Fuel Outlet Petrol filling station Petrol station Service station

- Stand alone - Superseded No – use petrol filling station

Motor Race Track Motor racing, Testing venue

‘Motor racing or testing venue’ is the term favoured in Schedule 22, clause 8(5) of the Development Regulations 2008

Stand alone - Superseded No – use motor racing or testing venue

Motor Repair Motor repair station Petrol filling station Service station

‘Motor repair station’ is the term favoured by Schedule 1 to the Development Regulations 2008

Stand alone - Superseded No – use motor repair station

40




Motor Repair/Service Station

Motor repair station Petrol filling station Service station

The relationship between ‘petrol filling station’, ‘service station’ and ‘shop’ was considered in Pro-Star Service Station Pty Ltd v Petroleum Products Retail Outlets Board, City of Salisbury and Mobil Oil Australia Ltd [1998] SASC 7174. It reaffirmed that ‘service station’ was undefined, but suggested that “the word ‘service’ must encompass the more minor activities such as providing petrol, oil, water and air.”

Stand alone - Superseded No – use petrol filling station or motor repair station

Motor Sales Premises Car yard Motor showroom Used car lot

Definition of ‘service trade premises’ includes ‘premises used primarily for the sale, rental or display of…motor vehicles’ (see Schedule 1 to the Development Regulations 2008)



Motor Service Station Motor repair station Petrol filling station Service station


Stand alone - Superseded No – use motor repair station

Motor Showroom Car yard Motor showroom Used car lot

Definition of ‘service trade premises’ includes ‘premises used primarily for the sale, rental or display of…motor vehicles’ (see Schedule 1 to the Development Regulations 2008)



Motor Showroom Repair Station

Motor repair station Petrol filling station Service station


Stand alone - Superseded No – use petrol filling station or motor repair station

41




Motor Transport Depot - Definition of ‘road transport terminal’ can include land used for parking vehicles, but also requires bulk handling of goods.

‘Transport depot’ could therefore be used for storage/parking of vehicles if no bulk handling takes place on the land.

Stand alone - - No – use transport depot

Multiple Dwelling Dwelling Means “one dwelling occupied by more than five persons who live independently of one another and share common facilities within that dwelling” (see Schedule 1 to the Development Regulations 2008)


Museum - - Stand alone - Appropriate Yes

Mushroom Farm Farming Horticulture

- Subset Horticulture Superseded No – use horticulture

Mushroom Farming Farming Horticulture


Mushroom Production as a commercial operation

Farming Horticulture


42




Natural Ground Level Building height Wall height

Natural ground level means the ground level of a site before any site works have been undertaken to alter the naturally occurring height and/or contours of the land (refer Kiama LEP 1996 - Reg 53).

Also refer Banyule City Council v Zumpano (VCAT No 19988547 of 20 April 2000) where at paragraphs 15 to 20 the Tribunal discussed the meaning of the term “natural ground level” and in particular referred to a number of decisions namely Shire of Gisborne v King [1994] 1 VR 364, Wright v Farman [1995] 87 LGERA 4000 and Tribe v Greater Geelong City Council [1999] 2 VPR 224 where in the latter case the Tribunal concluded:

“...the Tribunal concludes that to determine natural ground level, it is necessary for the responsible authority (or this Tribunal on appeal) to endeavour to determine what was or is the natural ground level of the land before it was disturbed in any way by excavation, levelling or filling for the purpose of the development such as the laying of foundations and the building of a house and outbuildings.

Yes

Navigational Aid Navigation aid structure ‘Navigation aid structure’ is the term favoured in Schedule 9. Different phrasing is used in Schedule 14, clause 1(n), but would constitute state agency development exempt from approval in any event (if “approved by the Marine Safety Section of Transport SA”)

Stand alone - Superseded No – use navigation aid structure

Netball Facilities Recreation area - Stand alone - Superseded No – use netball court

New and Used Car Lot Service trade premises - Stand alone - Superseded No – use service trade premises

New or Used Vehicle Yard or Showroom

Service trade premises - Stand alone - Superseded No – use service trade premises

43




Noise sensitive development

Development that may be adversely affected by noise, such as residential, health care, aged care, places of worship and educational activities. Environment Protection (Noise) Policy 2007.

Yes

Non Residential Club Community centre Appears to fit the definition of community centre, which is “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” (see Schedule 1 to the Development Regulations 2008)

Subset Community centre


Nuclear Facilities (except those using nuclear isotopes for medical treatment)

Nuclear waste storage facility

The Australian Radiation Protection and Nuclear Safety Act 1998 regulates nuclear installations (see Section 13 for terminology/definition and Section 30 for licence requirement).

The Nuclear Waste Storage Facility (Prohibition) Act 2000 prohibits a person from constructing or operating a nuclear waste storage facility (see Section 4 for terminology definition and 8 for prohibition)

Stand alone - Superseded No – use nuclear installation

Nuclear Power Station Nuclear installation The Australian Radiation Protection and Nuclear Safety Act 1998 regulates nuclear installations (see Section 13 for terminology/definition and Section 30 for licence requirement).


Subset Nuclear installation

Superseded No – use nuclear installation

44




Nuclear Processing and Enrichment Plant

Nuclear installation The Australian Radiation Protection and Nuclear Safety Act 1998 regulates nuclear installations (see Section 13 for terminology/definition and Section 30 for licence requirement).


Subset Nuclear installation

Superseded No – use nuclear installation

Nuclear Storage Dump Nuclear waste storage facility

Nuclear installation

The Australian Radiation Protection and Nuclear Safety Act 1998 regulates nuclear installations (see Section 13 for terminology/definition and Section 30 for licence requirement).


Stand alone - Superseded No – nuclear waste storage facilities are prohibited under state legislation, hence the Development Plan has no work to do

Nursery Pre-school Plant nursery

“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” (see Schedule 1 to the Development Regulations 2008)

Subset Pre-school Plant nursery

Superseded No – use pre-school or plant nursery

Nursing Home Supported accommodation

Means “a place for the care of the aged and infirm where no care of outpatients or surgery is undertaken” (see Schedule 1 to the Development Regulations 2008)

Subset Supported Accommodation

Appropriate Yes or supported accommodation

Office Shop Means “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” (see Schedule 1 to the Development Regulations 2008)


45




Office and Dwelling Dwelling Home activity Office

- Stand alone - Superseded Yes

Olive Orchard Horticulture ‘olive growing’ is the term favoured by Schedule 9 to the Development Regulations 2008

Subset Horticulture Superseded olive growing

Olive plantations Horticulture Olive orchard

‘olive growing’ is the term favoured by Schedule 9 to the Development Regulations 2008

Subset Horticulture Superseded No – use olive growing

On shore aquaculture processing facility

Industry - Subset Industry Superseded No – use industry in association with aquaculture

On-shore marine aquaculture processing

Industry - Subset Industry Superseded No – use industry in association with aquaculture

Open Space Recreation area - Stand alone - Superseded No – use recreation area (open space per se is generally not development)

Organic waste processing facility

Waste reception, storage, treatment, or disposal



Ostrich Farming Farming - Subset Farming Superseded No – use farming

Outbuilding Carport Farm building Garage Residential outbuilding Shed

“Outbuilding” is the most common term used in the Development Regulations 2008, appearing in Schedules 3, 3A, 4, 9, 10, and 14

Categorised as a Class 10a building pursuant to the Building Code of Australia

Stand alone - Superseded Yes

46




Outdoor Advertisements

Advertisement Portable sign Sign

Apart from the City of Adelaide, the commencement of the display of an advertisement (which increases the area of the advertisement) is development (see Schedule 2, clause 7 in the Development Regulations 2008)

However, some types of outdoor advertisements are not development (see Schedule 3, clause 1 in the Development Regulations 2008)

Subset Advertisement Superseded No – use advertisement

Outdoor Advertising Advertisement Portable sign Sign

Apart from the City of Adelaide, the commencement of the display of an advertisement (which increases the area of the advertisement) is development (see Schedule 2, clause 7 in the Development Regulations 2008)

However, some types of outdoor advertisements are not development (see Schedule 3, clause 1 in the Development Regulations 2008)

Subset Outdoor advertisement

Superseded No – use advertisement

Outdoor Goods Display Area

Service trade premises Shop

May be classed as ‘service trade premises’ if the display of goods becomes the dominant use of the site. However, if it is not the primary use of the site, it would not fall under service trade premises. The distinction is decided on the context of each case (see Papalia V City Of Port Adelaide Enfield [2007] SAERDC 43)

Stand alone - Superseded No – service trade premises (if it is the dominant use of the site) or goods display area (in all other cases)

Outdoor Spa Spa pool A spa pool is not development if it is used primarily by the occupants of the building and has a maximum capacity no more than 680 litres (see Schedule 3 to the Development Regulations 2008, clause 4(1)(ca))

Stand alone - Superseded No – use spa pool

Outdoor Spa Bath Spa pool A spa pool is not development if it is used primarily by the occupants of the building and has a maximum capacity no more than 680 litres (see Schedule 3 to the Development Regulations 2008, clause 4(1)(ca)


47




Oval Recreation area - Subset Recreation area

Superseded No – use recreation area

Overall Form Built form No legal definition.

Means the shape of the aggregate of all buildings, structures etc which make up the locality.

No, use Built Form

Oyster Cultivation Aquaculture - Subset Aquaculture Superseded No – use aquaculture

Park Recreation area If managed by a council (and does not charge a fee for entry) it is a recreation area.

If managed by the state (as a conservation park etc) it is exempt from approval under Schedule 14A to the Development Regulations 2008 (provided it is in accordance with a park management plan).

If it does not meet these categories, then it would fall under the definition of a park

Subset Recreation area

Appropriate No - use recreation area (if managed by council and no fee is charged) or reserve constituted under the National Parks and Wildlife Act 1972 (if a national park, conservation park, game reserve, recreation park or regional reserve) or park (if not covered by any of the above)

Parking Area - Australian Standard AS 2890 uses the term ‘Parking facilities’

Stand alone - Superseded No – use parking facility

Parking of Vehicles - Not development unless the vehicle is over 3000 kg in weight and parked on land used for residential purposes

(see Schedule 3 to the Development Regulations 2008, clause 5(2)(d))

Stand alone - Superseded No – use parking of any vehicle exceeding 3000 kilograms in weight on land used for residential purposes

Parking of vehicles over 3000 kilograms in weight (including trailer)

- - Stand alone - Superseded No – use parking of any vehicle exceeding 3000 kilograms in weight on land used for residential purposes

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Parking or storage of a vehicle exceeding 9 tonne unladen weight

- Not development unless the vehicle is over 3000 kg in weight and parked on land used for residential purposes

(see Schedule 3 to the Development Regulations 2008, clause 5(2)(d))

Stand alone - Superseded No – use parking of any vehicle exceeding 3000 kilograms in weight on land used for residential purposes

Passenger terminal - - Stand alone - Appropriate Yes

Pergola - In some cases, is not development (see Schedule 3 to the Development Regulations 2008, clause 4(3)I


Permanent Sewage Treatment Plant

Public service depot Waste reception,


‘Wastewater treatment plant’ is the term favoured by Schedule 9 to the Development Regulations 2008, clause 10

Subset Waste reception, treatment, storage or disposal

Superseded No – use wastewater treatment plant

Permeable Visually permeable No legal definition.

Means the ability to see or find way.

Stand alone Yes

Personal Service Establishment

Shop Home business

- Subset Shop Appropriate Yes

Petrol filling station Shop Means land used for the purposes of fuelling motor vehicles and may include and associated land for the servicing of motor vehicles, or for the sale of goods where the area used for sale of goods is not greater than 50 square metres, but does not include a motor repair station (see Schedule 1 to the Development Regulations 2008)

Interpretation was considered further in Pro-Star Service Station Pty Ltd V Petroleum Products Retail Outlets Board, City of Salisbury and Mobil Oil Australia Ltd [1998] SASC 7174


Pig Keeping Intensive animal keeping Intensive animal keeping includes “Keeping or husbandry of animals in a…piggery…or other like circumstances” (see Schedule 1 to the Development Regulations 2008)



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Piggery Intensive animal keeping Pig keeping

Intensive animal keeping includes “Keeping or husbandry of animals in a…piggery…or other like circumstances” (see Schedule 1 to the Development Regulations 2008)



Place of Worship - - Stand alone - Appropriate Yes

Plant and Equipment Sale

Service trade premises - Subset Service trade premises


Plant Industry Industry All industry that is not special industry, light industry, or service industry would fall under general industry (see Schedule 1 to the Development Regulations 2008)

Subset Industry Superseded No – use general industry

Plant Nursery Shop A plant nursery (where there is sale by retail) is within the definition of shop

A plan nursery (where there is no sale by retail) is excluded from the definition of shop


Playground Recreation area The placement, installation or construction of playground equipment by a council on or in a recreation area is not development (see Schedule 3, clause 2(f)) if installed by a council and open to the public without payment of a charge.

Definition of ‘playground equipment’ considered in Rick Arnold v CC Prospect [1999] SAERDC 21


Playing Field Recreation area A sports ground under the care and control of a council falls within the definition of a recreation area if it is under the care and control or management of the Crown of a council



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Podium buildings Podia No legal definition.

Means a building element that forms the “foot,” or base, of a structure, such as a raised pedestal or base.

In localities which are dominated by lower height buildings, and the Development Policy envisages taller buildings; to minimise the impact of a new taller and bigger building, use of a podium can assist to enable the new building to “fit” in with the existing lower scale buildings. Above the podium the taller elements of the building are generally set back behind the face of the podia to reduce the impact of the height and scale of the new building on the established character of the locality

Yes

Police Station Emergency services facility


Superseded No – use emergency services facility

Port and port related activities (except navigational aids)

- - Stand alone - Superseded No – use port

Post Office Shop office

- Subset Shop Superseded No – use shop or office

Poultry Battery Intensive animal keeping Intensive animal keeping includes “Keeping or husbandry of animals in a…poultry battery…or other like circumstances” (see Schedule 1 to the Development Regulations 2008)



Poultry Keeping Intensive animal keeping Intensive animal keeping includes “Keeping or husbandry of animals in a…poultry battery…or other like circumstances” (see Schedule 1 to the Development Regulations 2008)



Pre-school Child care centre Educational

establishment Nursery

Educational establishment includes a pre-school associated with a secondary school, college, university or technical institute (see Schedule 1 to the Development Regulations 2008).

If not associated with the above, it would be a pre-school.

Subset Educational establishment

Appropriate Yes

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Pre-school Dwelling Dwelling - Subset Dwelling Superseded No – use dwelling in association with a pre-school

Prescribed Mining Activity


Section 76 of the Development Act 1993 states that activities approved under the Mining Act 1971 cannot be overruled by the Development Act 1993

Stand alone - Superseded No – use prescribed mining operations

Prescribed Mining Operation


Means “prescribed mining operations means operations carried on in the course of—

(a) the recovery of naturally occurring substances (except water) from the earth (whether in solid, liquid or gaseous form);

(b) the recovery of minerals by the evaporation of water, but does not include operations carried on in pursuance of any of the Mining Acts”

See Section 4 of the Development Act 1993


Primary School Educational establishment

Educational establishment includes a pre-school associated with a secondary school, college, university or technical institute.

If not associated with the above, it would be a primary school


Appropriate Yes

Private Hotel Dwelling Hotel

Not defined in the Regulations, but the ERD Court determined that a private hotel is an establishment which offers meals (though not necessarily the full range of meals) and accommodation to the public at large, or to a section of the public, reserving the right to refuse services on any lawful basis. It may or may not hold a liquor licence. The greater part of the business of a “private hotel” will be the provision of meals and temporary accommodation to travellers. See Whitington & Ors v City of Burnside & Domain Project Devt P/L [2003] SAERDC 13


Private Museum Museum - Subset Museum Superseded No – use museum

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Public Amenities Laundry Shower Toilet

Internal alteration of a building (with a few exceptions) is not development (see Schedule 3 to the Development Regulations 2008, clause 4(2)). In the context of BDP, the convention is to focus on external building work (i.e. buildings) rather than internal building work (i.e. internal fitouts)

Stand alone - Superseded No – (use reference to the building itself)

Public and private recreation areas and facilities of an open character

Recreation area A recreation area, or a building in a recreation area is not development, unless the building exceeds 30 square metres (see Schedule 3 to the Development Regulations 2008, clause 2(1)(e))

Stand alone - Superseded No – use recreation area

Public Car Park Parking facility Alteration of a car park associated with railway activities is not development (see Schedule 3 to the Development Regulations 2008, clause 13(4)).

Australian Standard AS 2890 uses the term ‘Parking facilities’


Public Conveniences Laundry Shower Toilet

Internal alteration of a building (with a few exceptions) is not development (see Schedule 3, clause 4(2) in the Development Regulations 2008). In the context of BDP, the convention is to focus on external building work (i.e. buildings) rather than internal building work (i.e. internal fitouts)

Stand alone - Superseded No – (refer to the building itself)

Public library Community centre - Subset Community centre


Public promenade - Appears to fall under the broader definition of ‘public place’ (see Section 4 of the Development Act 1993)

Subset Public place - No – use public place (assuming it is development)

Public Service Department

- - - - - No – this was understood to be a typographical error of ‘public service depot’

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Public Service Depot Major public service depot

Minor public service depot

Means “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” (see Schedule 1 to the Development Regulations 2008)


Public Shelters Street furniture Weather shelters appear to be classed within ‘an item of street furniture’ and are therefore not development if installed by a council (see Schedule 3, clause 2(1)(g) to the Development Regulations 2008).

Subset Street furniture Superseded No – use street furniture

Public Transport Interchange

Passenger station A passenger station undertaken on railway land is complying development (see Schedule 4, clause 4(1) to the Development Regulations 2008).


Public Transport Terminal

Passenger station A passenger station undertaken on railway land is complying development (see Schedule 4, clause 4(1) to the Development Regulations 2008)

Stand alone - Superseded No – use public transport interchange

Public Works Council works A wide range of council works are not development (see Schedule 3, clause 2 to the Development Regulations 2008).

Stand alone - Superseded No – (use a more specific form of public works that is development)

Public Works Depot Public service depot - Stand alone - Superseded No – use public service depot

Pumping Station In-ground sewerage pumping station

In a number of cases, in-ground sewerage pumping stations are not development (see Schedule 3 to the Development Regulations 2008, clause 7). This suggests that above-ground pumping stations would be development.


Race Track Motor racing or testing venue

‘motor racing or testing venue’ is the term favoured in Schedule 22 to the Development Regulations 2008, clause 8(5)

Stand alone - Superseded No – use motor racing or testing venue

Racecourse Dog track - Stand alone - Appropriate Yes

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Radio or TV Studio - - Stand alone - Superseded No – use radio studio or television studio

Reception, storage, treatment or disposal of waste

Waste reception, treatment, storage or disposal

- Stand alone - Superseded Yes

Recreation Area Park Sports ground

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” (see Schedule 1 to the Development Regulations 2008).

In several cases, a recreation area is not development (see Schedule 3, clause 2(1)(e) in the Development Regulations 2008).


Recreation Facilities Community centre Park Indoor recreation centre Recreation area Sports ground Stadium

In several cases, a recreation area is not development (see Schedule 3 to the Development Regulations 2008, clause 2(1)(e)).

Stand alone - Superseded No – use community centre, indoor recreation centre, recreation area, or stadium

Recreation or Entertainment Centre

Community centre Hall

- Subset Community centre

Superseded No – use community centre or hall

Recycling Centre Recycling depot Recycling depot is the term favoured by Schedule 22 to the Development Regulations 2008, clause 3(3)). In some cases it is an activity of major environmental significance

Subset Waste reception, treatment, storage or disposal

Superseded No – use recycling depot (if necessary to distinguish from or waste reception, treatment, storage or disposal)

Refuse Depot Landfill Waste reception,



Superseded No – use Waste reception, treatment, storage or disposal

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Refuse Destructor Waste reception, treatment, storage or disposal


Superseded No – waste reception, treatment, storage or disposal

Rendering or Fat Extraction Works

Special industry Means the conduct of works at which animal, fish or grease trap wastes or other matter is processed or is capable of being processed by rendering or extraction or by some other means to produce tallow or fat or their derivatives or proteinaceous matter (see Schedule 22 to the Development Regulations 2008, clause 6)


Research facilities Consulting room Office

- Stand alone - Superseded No – use office

Research laboratory Consulting room Office

- Stand alone - Superseded No – use office

Reservoir - - Stand alone - Appropriate Yes

Residential Accommodation

Bed and breakfast Dwelling Private hotel Tourist accommodation

- Subset Tourist accommodation

Superseded No – use tourist accommodation

Residential Building Dwelling Residential flat building

- Subset Dwelling Superseded No – use dwelling

Residential Club Community centre Appears to fit the definition of community centre, which is “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” (see Schedule 1 to the Development Regulations 2008)

Subset Community centre


Residential Development

Dwelling Residential flat building

- Stand alone - Superseded No – use dwelling

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Residential Flat Building

Dwelling Means “a single building in which there are two or more dwellings, but does not include a semi-detached dwelling, a row dwelling or a group dwelling” (see Schedule 1 to the Development Regulations 2008)

A dwelling is distinct from a residential flat building (see South Australian Housing Trust V City of Burnside & Ors) [2006] SASC 107 paragraphs 19-20)


Residential Outbuilding Carport Garage Outbuilding Shed

“Outbuilding” is the most common term used in the Development Regulations 2008, appearing in Schedules 1, 3, 3A, 4, 9, 10, and 14

Subset Outbuilding Superseded No – use outbuilding

Residential Park Caravan park Not defined by the Development Act 1993, but is defined elsewhere as an ”area of land used or intended to be used in either or both of the following ways:

(a) as a complex of sites of dwellings in respect of which rights of occupancy are conferred under various residential park tenancy agreements, together with common area bathroom, toilet and laundry facilities and other common areas;

(b) as a complex of sites in respect of which rights of occupancy are conferred under various residential park site agreements, together with common areas (which may, but need not, include bathroom, toilet and laundry facilities)”

(see Section 3 of the Residential Parks Act 2007)


Residential uses Dwelling Residential flat building

- Stand alone - Superseded No – use dwelling

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Rest Home Aged accommodation Aged persons

accommodation Aged persons home Dependent

accommodation Nursing home Residential care facility Retirement home Retirement village Supported

accommodation

Definition of ‘nursing home’ in Schedule 1 to the Development Regulations 2008 is ‘a place for the care of the aged and infirm where no care of outpatients or surgery is undertaken’



Superseded No – use nursing home or supported accommodation

Restaurant/s Café Shop

Means “land used primarily for the consumption of meals on the site” (see Schedule 1 to the Development Regulations 2008)


Retail Plant Nursery Shop - Subset Shop Appropriate Yes

Retail Showroom Bulky goods outlet Shop

Bulky goods outlet or retail showroom means “premises used primarily for the sale, rental, display or offer by retail of goods, other than foodstuffs, clothing, footwear or personal effects goods, unless the sale, rental, display or offer by retail of the foodstuffs, clothing, footwear or personal effects goods is incidental to the sale, rental, display or offer by retail of other goods”

Shop means “(c) a bulky goods outlet or a retail showroom”


Subset Shop Appropriate No – use bulky goods outlet

Retaining Wall - A retaining wall up 1 metre in height is not development in a number of cases (see Schedule 3 to the Development Regulations 2008, clause 4(1)(g)).


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Retirement Village Aged accommodation Aged housing Aged persons home Dependent


accommodation

Definition of ‘retirement village’ in the Retirement Villages Act 1987 is “a complex of residences or a number of separate complexes of residences (including appurtenant land) occupied or intended for occupation under a retirement village scheme but does not include any such complex excluded from the ambit of this definition by the [Retirement Villages] regulations” (see Section 3(1) in the Development Regulations 2008).

An application for a retirement village could also fall under other definitions at the same time (such as residential flat building) depending on the physical form of the development (see paragraphs 10-11 in The Chappel Investment Company Pty Ltd & The Smallacombe Investment Company Pty Ltd v The City of Mitcham [2009] SASC 23)


Appropriate Yes – or use supported accommodation, depending on the purpose

Road and Drainage Works

Public works A wide range of council works are not development (see Schedule 3 to the Development Regulations 2008, clause 2).

Stand alone - Superseded No – (use a more specific form of public works that is development)

Road Stall Shop Could relate to a shop conducted upon a road reserve rather than private property. Road stall relates to the structure rather than the land use, and BDP is focussed on land uses.

This page from Adelaide Hills Council suggests it is controlled under the Local Government Act 1999 rather than the Development Act 1993.

Subset Shop Superseded No – use shop or control this use under Local Government Act 1999 if it is located on a road verge

Road Transfer Terminal Road transport terminal - Stand alone - Superseded No – use road transport terminal

Road Transport Depot Road transport terminal Definition of ‘road transport terminal’ can include land used for parking vehicles, but also requires bulk handling of goods. (see Schedule 1 to the Development Regulations 2008)


Stand alone - Appropriate No – use transport depot

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Road Transport Terminal

- Means “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”



Road Yard - - Stand alone - Superseded No – use public service depot

Roadside Stall Shop If applied for under the Development Act 1993, would appear to fall under ‘shop’. In other cases, approval would be made under Section 222 of the Local Government Act 1999

Subset Shop Superseded No – use shop

Roadside Store Roadside stall Shop

If applied for under the Development Act, would appear to fall under ‘shop’. In other cases, approval would be made under Section 222 of the Local Government Act 1999


Roof Signs Advertisement - Subset Advertisement Superseded No – use advertisement

Rooftop Garden Green roof No legal definition.

Means planted areas and space on the roof of a building that are generally used for the purposes of access to open space, entertaining or domestic use. However a green roof has primary functions of harvesting, filtering and storing stormwater for reuse by plants (refer to the Water Sensitive Urban Design (WSUD) Technical Manual for Greater Adelaide).

Yes

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Row Dwelling 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 one of three or more dwellings erected side by side, joined together and forming, by themselves, a single building;”


the structural reality of the building (i.e. separate dwellings) overruled the physical appearance of the building (i.e. residential flat building) (see Eastern Building Group v City of Norwood, Payneham & St Peters [2003] SAERDC 95, paragraphs 6-10).


Rubbish Dump Landfill Refuse depot Waste reception,

storage, treatment or disposal

- Subset Waste reception, storage, treatment or disposal

Superseded No – use waste reception, storage, treatment or disposal

Sale Yard Service trade premises Shop Stock sales yard

- Stand alone - Superseded No – use service trade premises, shop, or stock sales yard

Salvage Yard Service trade premises Shop Waste reception,


Wrecking yard

- Stand alone - Superseded No – use service trade premises, shop, wrecking yard, or waste reception, storage, treatment or disposal

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Satellite dish Communications dish Prescribed subscriber

connection telecommunications infrastructure

The term ‘microwave, satellite or other form of communications dish’ is used several times in Schedule 3 to the Development Regulations 2008.

A definition of ‘prescribed subscriber connection telecommunications infrastructure’ appears in Schedules 3 and 4, but apply only to Schedule 3 clause 12(4) and Schedule 4, clause 16(2) respectively

Subset Communications dish

Superseded No – use communications dish

School Educational establishment

Primary school



Second Dwelling on an allotment

- Needs to be considered in the context of group dwellings, whether on corner allotments, frontages, and potential for land division (see City of Port Adelaide Enfield v Moseley [2008] SASC 88 and Kermode v City of Mitcham [2007] SAERDC 57)

Stand alone - Superseded No – use more than one dwelling on an allotment

Second hand transportable building

- - Stand alone - Superseded No – use building of a transportable nature

Second hand transportable dwelling

Dwelling Detached dwelling

- Subset Dwelling Superseded No – use dwelling or detached dwelling

Secondary Dwelling Dwelling Detached dwelling Group dwelling Garage top apartment Loft apartment Fonzie flats


Refers to mews style housing or a dwelling located above a garage such as a Garage Top apartment which is a dwelling that is constructed on the site of an existing dwelling, and located above the garage in rear lane accessed houses. The term loft apartments or ‘fonzie flats’, are also referred to as secondary dwellings.

No, use Garage top apartment

Secondary School Educational establishment

- Subset Secondary school


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Semi-detached Dwelling

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 one of two dwellings erected side by side, joined together and forming, by themselves, a single building”



Service Depot Industry Public service depot Store

- Stand alone - Superseded No – use industry, public service depot, or store

Service Hotel Hotel Private hotel Tourist accommodation

- Stand alone - Superseded No – use hotel

Service Industry Industry Light 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 Reservoir Dam Reservoir

- Stand alone - Superseded No – use dam

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Service Station Petrol filling station Shop


Stand alone - Superseded No – use petrol filling station or shop

Service Trade Premises Bulky goods outlet Shop Store Used car lot

Means “premises used primarily for the sale, rental or display of—

(a) basic plant, equipment or machinery used in agriculture or industry; or

(b) boats; or

(c) caravans; or

(d) domestic garages; or

(e) sheds; or

(f) outbuildings; or

(g) motor vehicles; or

(h) marquees; or

(i) trailers; or

(j) swimming pools, equipment and accessories; or

(k) building materials; or

(l) landscaping materials; or

(m) garden plants (primarily in an indoor setting),

or similar articles or merchandise;”



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Serviced Apartment Hotel Motel Row dwelling Residential flat building Tourist accommodation

The relationship between ‘hotel’ ‘motel’, and ‘serviced apartment’ was considered in Bleechmore & Ors v CC Nor Payn & St Pet v Bodgara [1999] SAERDC 47

And Refer: The Oaks Hotels & Resorts P/L v City of Holdfast Bay & Anor [2010] SAERDC 16 – which recommended no change

Stand alone - Superseded No – use hotel, motel, or residential flat building

Serviced Holiday Apartments

Hotel Motel Row dwelling Residential flat building Tourist accommodation

The relationship between ‘hotel’ ‘motel’, and ‘serviced apartment’ was considered in Bleechmore & Ors v CC Nor Payn & St Pet v Bodgara [1999] SAERDC 47

Stand alone - Superseded No – use hotel, motel, residential flat building, or tourist accommodation

Sewage Treatment Plant

Waste reception, storage, treatment or disposal

Wastewater treatment plant

‘Wastewater treatment plant’ is the term favoured by Schedule 9 to the Development Regulations 2008, clause 10 and the Environment Protection (Fees and Levy) Regulations 1994



Sewage Treatment Works



‘Wastewater treatment plant’ is the term favoured by Schedule 9 to the Development Regulations 2008, clause 10 Environment Protection (Fees and Levy) Regulations 1994



Shed, garage and other residential outbuildings

Outbuilding “Outbuilding” is the most common term used in the Development Regulations 2008, appearing in Schedules 1, 3, 3A, 4, 9, 10, and 14.

The expression a ‘detached dwelling’ in Schedule 9 means a dwelling house only and does not include garages even though they are outbuildings ordinarily used with a detached dwelling” (see Baker v City of Norwood, Payneham & St Peters [2003] SASC 282).

Stand alone - Superseded No – use outbuilding

Shelters Equipment shelter Structure Weather shelter

‘Equipment shelter’ and ‘weather shelter’ are favoured by Schedule 3 to the Development Regulations 2008, but it are generally not development

Stand alone - Superseded No – use equipment shelter or weather shelter

65




Ship Repair Facility Industry Definition (b) of ‘industry’ includes ‘repairing…of any…ship’ (see Schedule 1 to the Development Regulations 2008)

Subset Industry Superseded No – use industry

Shop or Group of Shops

Bulky goods outlet Café Restaurant Petrol filling station Retail showroom Service trade premises

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 bulky goods outlet or retail showroom; or

(d) a personal service establishment,

(e) but does not include—

(f) a hotel; or

(g) a motor repair station; or

(h) a petrol filling station; or

(i) a plant nursery where there is no sale by retail; or

(j) a timber yard; or

(k) service trade premises; or

(l) service industry;”



Shop and Dwelling - - Stand alone - Superseded Yes

Short term accommodation

Tourist accommodation - Stand alone - Superseded No – use hotel, motel, or tourist accommodation

Short-term workers accommodation

- - Stand alone - Appropriate Yes

Showground Amusement Park Funfair


Showroom Service trade premises Shop

- Subset Shop Superseded No – use shop or service trade premises

Signage Advertisement - Stand alone Advertisement Superseded No – use advertisement

66




Site Land Allotment Lot Block Parcel Property

Allotment is defined in Section 4 of the Development Act 1993, which in turn refers to Part 19AB of the Real Property Act 1886. Also includes a community lot, development lot and common property within the meaning of the Community Titles Act 1996 and a unit and common property within the meaning of the Strata Titles Act 1988.

No, use Allotment

Siting No legal definition.

Means the location, positioning and orientation of a building on its site and generally taking into account its proximity to adjoining property, buildings and street boundaries.

Skating Rink Indoor recreation centre - Subset Indoor recreation centre


Slaughter Works Stock slaughter works - Stand alone - Superseded No – use stock slaughter works

Slaughterhouse Stock slaughter works - Stand alone - Superseded No – use stock slaughter works

Spa Spa pool ‘spa pool’ is the term favoured by Schedules 3, 8, and 9 to the Development Regulations 2008. In many cases it is not development, but exceptions may apply to Colonel Light Gardens or the River Murray Floodplain Area.


Special Event Indoor event Indoor recreation centre

Means a community, cultural, arts, entertainment, recreational, sporting or other similar event that is to be held over a limited period of time (see Schedule 9, Development Regulations 2008, clause 11).

Stand alone - Appropriate Yes (if for a limited time period); or indoor recreation centre

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Special Industry Industry Means “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”



Special School Educational establishment



Specialty Industry Industry - Subset Industry Superseded No – use industry

Specialty Shop Shop - Subset Shop Superseded No – use shop

Spectator Stand Stadium - Stand alone - Appropriate Spectator stand

Sports Ground Recreation area Stadium

If the sports ground is under the care, control and management of the Crown/a Council and is open to the public without payment of a charge, it would fall under the definition of a recreation area (see Schedule 1 to the Development Regulations 2008). In some cases, a recreation area is not development (see Schedule 3 to the Development Regulations 2008, clause 2(1)(e)).



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Squash Court Indoor recreation centre - Subset Indoor recreation centre


Stable Agistment Animal keeping Horse keeping


Stadium - - Stand alone - Appropriate Yes

State Emergency Service Unit

Emergency services facility

Section 3 of the Emergency Services Funding Act 1998 identifies various emergency services. For the purposes of Development Plans, they can be grouped under an ‘emergency service facility’

Subset Emergency services facility

Superseded No – use emergency service facility

Station Electricity generating station

In-ground sewage pumping station

Motor repair station Passenger station Petrol filling station Railway station

- Stand alone - Superseded No – use a more specific term such as: electricity generating station, wastewater treatment plant, motor repair station, passenger station, petrol filling station, or railway station

Stock Keeping Farming Grazing

Would appear to fall under the definition of farming i.e. ‘the use of land for any purpose of agriculture, cropping, grazing, or animal husbandry…’ (see Schedule 1 to the Development Regulations 2008)

Subset Farming Superseded No – use farming

Stock Sales yard - - Stand alone - Superseded Yes

Stock Slaughter House Abattoir Stock slaughter works

- Stand alone - Superseded No – use stock slaughter works

Stock Slaughter Works Abattoir Slaughterhouse

Means “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” (see Schedule 1 to the Development Regulations 2008)


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Stock Slaughter Yard Abattoir Stock slaughter works


Stock Slaughterhouse Abattoir Stock slaughter works


Stockyard Farming Intensive animal keeping

Would appear to fall under the definition of farming i.e. ‘the use of land for any purpose of agriculture, cropping, grazing, or animal husbandry…’ or intensive animal keeping i.e. ‘the keeping or husbandry of animals in a…feedlot…or other like circumstances’ (see Schedule 1 to the Development Regulations 2008)

Subset Farming Superseded No – use farming or intensive animal keeping

Storage Areas used for the temporary holding of port cargo

Store - Stand alone - Superseded No – use store

Store Farm building Outbuilding

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” (see Schedule 1 to the Development Regulations 2008)

Definition was further considered in Dave Potter v City of Holdfast Bay [2003] SAERDC 10, which affirmed that the goods stored are to be “items of trade” (see paragraph 22)


Stormwater Detention/Retention Basin

- - Stand alone - Appropriate Yes

Structure Building Structure ‘includes a fence or wall’ (see Section 4 of the Development Act 1993)

The Act does not regulate the construction of all structures; only those structures which will be fixtures are regulated (see Paradise Development (Investments) Pty Ltd v District Council of Yorke Peninsula [2004] SAERDC 41)

Subset Building Appropriate No – (specify the type of building or structure)

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Student Accommodation

Dwelling Residential flat building

etc.

- Subset Dwelling Superseded No – use relevant type of dwelling

Supermarket Shop - Subset Shop Superseded No – use shop

Supported Accommodation

Nursing homes Hostels Retirement homes Retirement villages Residential care facilities Special accommodation

houses


Swimming pool Spa pool - Stand alone - Appropriate Yes

Take away food premises

Shop Does not appear to fall under the definition of ‘restaurant’ because it is not ‘land used primarily for the consumption of meals on the site’

Would appear to fall under the definition of ‘shop’ because it is a ‘premises used primarily for the sale by retail, rental or display of goods, foodstuffs, merchandise or materials’.



Take-away Food Outlet Shop Does not appear to fall under the definition of ‘restaurant’ because it is not ‘land used primarily for the consumption of meals on the site’

Would appear to fall under the definition of ‘shop’ because it is a ‘premises used primarily for the sale by retail, rental or display of goods, foodstuffs, merchandise or materials’.



Tank Water tank - Stand alone - Superseded No – use water tank

Tannery Industry An activity of major environmental significance if more than 5 tonnes of skins or hides are processed per year (see Schedule 22 to the Development Regulations 2008, clause 6(9))

Subset Industry Subset No – use industry or special industry

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Tavern Hotel Licensed premises Restaurant

- Subset Restaurant Superseded No – use licensed premises in association with hotel or restaurant

Telecommunications antennae

Telecommunications facility

In some cases, antennae are not development (see Schedule 3 to the Development Regulations 2008, clause 12(4))

A “low impact facility” is exempt from state planning laws, according to the definition in the Commonwealth’s Telecommunications (Low-impact Facilities) Determination 1997

Subset Telecommunications facility

Superseded No – use telecommunications facility

Telecommunication Station


In some cases, antennae are not development (see Schedule 3 to the Development Regulations 2008, clause 12(4))



Telecommunication tower and monopoles


‘Telecommunications facility’ is the term favoured throughout Schedule 9. It relies on the definition of ‘facility’ within the Telecommunications Act 1997 and is binding on all states and territories.

The definition includes “any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or for use, in or in connection with a telecommunications network” (see Section 7).


The courts recommended the use of one consistent term throughout all Development Plans in Telstra Corp Ltd v City of Mitcham [2001] SASC 1666



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Telecommunications Facility

Telecommunications tower

Telecommunications monopole

Telecommunications tower






Telecommunications Tower/Station






Telephone Exchange Telecommunications Facility

- Subset Telecommunications facility


Temporary Accommodation

Short-term workers accommodation

- Stand alone - Superseded No – use hotel, motel, short-term workers accommodation or tourist accommodation

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Temporary Sewage Treatment Plant



‘Wastewater treatment plant’ is the term favoured by Schedule 9 to the Development Regulations 2008, clause 10. May also be exempt from approval in some cases (see Schedule 14 to the Development Regulations 2008, clause 1(b)(ii))



Tennis court fence Chain mesh fence ‘chain mesh fence’ is the term favoured by Schedule 3 and Schedule 14 to the Development Regulations 2008.

Stand alone - Superseded No – use chain mesh fence

Tennis court light poles and lighting

- ‘lighting’ is the term favoured by Schedule 3 in the Development Regulations 2008, clause 2(1)(g)

Stand alone - Superseded No – use lighting in association with a tennis court

Tertiary Education Educational establishment

College University Technical institute

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” (Schedule 1 to the Development Regulations 2008)



Theatre Cinema Hall

- Stand alone - Appropriate No- use entertainment venue

Third Party Advertisements

Advertisement Treated as “a sign whose subject matter is not connected to the land on which the sign is located upon” (see Arbon & Arbon vs DC Yorke Peninsula [1998] SAERDC 485)

Subset Advertisement Superseded No – use advertisement of a third-party nature

Third Party Advertising Advertisement - Subset Advertisement Superseded No – use advertisement of a third-party nature

Timber Industry Industry Timber yard

- Subset Industry Superseded No – use industry

Timber Yard Service trade premises Specifically excluded from the definition of ‘store’ (see Schedule 1 to the Development Regulations 2008)



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Total Building Height Building Height Natural Ground Level Wall Height

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 (Refer to Schedule 1 of Development Regulations 2008).

No, use Building Height

Tourism Accommodation

Hotel Motel Tourist accommodation

- Stand alone - Superseded No – use tourist accommodation

Tourist Accommodation Hotel Motel Serviced apartment

“an important distinction needs to be drawn between…tourist accommodation and urban residential and dwellings. In many matters considered by the Court…tourist accommodation is recognised as a distinct land use and development type, supported by regular use of the term in Development Plans. Whilst not defined in the Act or Regulations or the Development Plan (though several types are outlined…it is to be distinguished from a dwelling, detached dwelling, residence – all permanent or semi-permanent places of abode for the owner/tenanted occupiers. A tourist accommodation unit or apartment, even if self-contained is not a dwelling, a detached dwelling or a residence. Key distinctions are…the purpose and intended activities of the use – temporary accommodation for visitors – tourists (people away from their regular places of abode) from one night to as much as a month or so…” (see Gowling v Development Assessment Commission [2006] SAERDC 68)

The relationship between ‘hotel’, ‘motel’ (both defined in the Regulations) and ‘serviced apartment’ (not defined in the Regulations) was considered in Bleechmore & Ors v CC Nor Payn & St Pet v Bodgara [1999] SAERDC 47.

Stand alone - Appropriate Yes (noting this is narrower than ‘tourist development’)

Tourist Accommodation Facility

Hotel Motel


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Tourist Development Hotel Interpretive and

directional sign Motel Tourist accommodation

Stand alone - Appropriate Yes (this is considered broader than ‘tourist accommodation’)

Tourist facilities in association with existing premises

Hotel Interpretive and

directional sign Motel Tourist accommodation Tourist facility

- Stand alone - Superseded No – use tourist accommodation in association with [development]

Tourist Facility Hotel Motel Picnic shelter Tourist accommodation


Trade Premises Service trade premises - Stand alone - Superseded No – use service trade premises

Training and Seminar Rooms

Educational establishment

A room per se is generally not the subject of a development application unless it is an addition to an existing building

Stand alone - Superseded No – use additions and alterations to…

Training Centre Educational establishment

If it is a secondary school, college, university of technical institute, it would fall under the definition of ‘educational establishment’ (see Schedule 1 to the Development Regulations 2008)


Transhipment Facilities - ‘Trans shipment facility’ is the term favoured by Schedule 9

Stand alone - Superseded No – use trans shipment facility

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Transmitting Facilities Telecommunications facility







Transmitting Station Telecommunications facility







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Transmitting Station/Tower








Transport Depot - Definition of ‘road transport terminal’ can include land used for parking vehicles, but also requires bulk handling of goods.



Transport Terminal Road transport terminal Definition of ‘road transport terminal’ can include land used for parking vehicles, but also requires bulk handling of goods. (see Schedule 1 to the Development Regulations 2008)


Stand alone - Superseded No – use road transport terminal

Transportable building - In some cases, a transportable and temporary classroom is state agency development exempt from approval (see Schedule 14 to the Development Regulations 2008, clause 1(viii)

Stand alone - Superseded No – use relevant dwelling type.

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Transportable dwelling Dwelling For zones that are subject to the Residential Code, the placing of a transportable dwelling will be taken to mean the construction of a new dwelling (and therefore potentially complying development) (see Schedule 4 to the Development Regulations 2008, clause 2B(7)(C)

Subset Dwelling Superseded No – (DPLG is unlikely to support explicit reference to transportable dwellings in non-complying lists)

Tree damaging activity - Means

“(a) the killing or destruction of a tree; or

(b) the removal of a tree; or

(c) the severing of branches, limbs, stems or trunk of a tree; or

(d) the ringbarking, topping or lopping of a tree; or

(e) any other substantial damage to a tree,

and includes any other act or activity that causes any of the foregoing to occur but does not include maintenance pruning that is not likely to affect adversely the general health and appearance of a tree” (see Section 4 of the Development Act 1993)


Truck or other vehicle parking where the vehicle exceeds 3000 kilograms in weight

- The “parking of any vehicle exceeding 3000 kilograms in weight (including the weight of any attached trailer) on land used for residential purposes” is referenced in Schedule 3 to the Development Regulations 2008, clause 5(2)(d)

Stand alone - Superseded No – use truck parking where it exceeds 3000 kilograms in weight on land used for residential purposes.

Truck Parking - Means “parking of any vehicle exceeding 3000 kilograms in weight (including the weight of any attached trailer) on land used for residential purposes” is referenced in Schedule 3 to the Development Regulations 2008, clause 5(2)(d)


Truck sales and Service Depot

Motor repair station Service trade premises

Appears to fall under the definition of service trade premises i.e. “premises used primarily for the sale, rental or display of...motor vehicles” (see Schedule 1 to the Development Regulations 2008)


Superseded No – use motor repair station or service trade premises

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TV Station - - Stand alone - Superseded No – use television studio

Two or more dwellings on any allotment

Group dwelling Needs to be considered in the context of group dwellings, whether on corner allotments, frontages, and potential for land division: see City of Port Adelaide Enfield v Moseley [2008] SASC 88 and Kermode v City of Mitcham [2007] SAERDC 57

Stand alone - Superseded No – use relevant dwelling type

Two Storey Dwelling - - Subset Dwelling Superseded No – use relevant type of dwelling

Undercroft car parking - - Stand alone - Appropriate Yes

Use of land for reception, storage, treatment or disposal of waste


Defined as ‘waste within the meaning of the Environment Protection Act 1993’ (see Schedule 1 to the Development Regulations 2008). The Environment Protection Act defines it as:

“(a) any discarded, rejected, abandoned, unwanted or surplus matter, whether or not intended for sale or for recycling, reprocessing, recovery or purification by a separate operation from that which produced the matter; or

(b) anything declared by regulation (after consultation under section 5A) or by an environment protection policy to be waste,

whether of value or not;”

Stand alone - Superseded No - waste reception, storage, treatment or disposal

Used Car Lot Service trade premises Appears to fall under the definition of service trade premises i.e. ‘premises used primarily for the sale, rental or display of…motor vehicles’ (see Schedule 1 to the Development Regulations 2008)



Used Car Yard Service trade premises Appears to fall under the definition of service trade premises i.e. ‘premises used primarily for the sale, rental or display of…motor vehicles’ (see Schedule 1 to the Development Regulations 2008)



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Vehicle Accessways Crossover Road Pavement Carriageway

Accessway means that part of a carriageway used for travel and does not include portions of the pavement normally used for parking.

Carriageway means the area of street reserve which is provided for the movement or parking of vehicles and determined by the invert of a kerb and channel and the point adjacent to the pavement edge for kerb (only) and edge strips.

Yes

Vehicle and machinery display and sales

Service trade premises Appears to fall under the definition of service trade premises i.e. ‘premises used primarily for the sale, rental or display of…basic plant, equipment or machinery used in agriculture or industry…motor vehicles’ (see Schedule 1 to the Development Regulations 2008)



Vehicle Dismantling & Sale of Parts

Industry Service trade premises Shop

Vehicle dismantling appears to fall under the definition of industry i.e. ‘the altering…or the breaking up, or demolition, of any article, ship or vessel”

Sale of parts appears to fall under the definition of shop i.e. ‘premises used primarily for the sale by retail, rental or display of goods, foodstuffs, merchandise or materials’ (see Schedule 1 to the Development Regulations 2008)

Stand alone - Superseded No – use industry in association with shop (depending on primary use of the site)

Vehicle Parking Area - Australian Standard AS 2890 uses the term ‘Parking facilities’


Vehicle Sales Yard Service trade premises Appears to fall under the definition of service trade premises i.e. ‘premises used primarily for the sale, rental or display of…motor vehicles’ (see Schedule 1 to the Development Regulations 2008)



Verandah - Excluded from the definition of ‘gross leasable area’, but included in the definition of ‘open space ratio’ (see Schedule 1 to the Development Regulations 2008)


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Veterinary Practice Consulting room Appears to fall under the definition of consulting room i.e. “a building or part of a building…used in the practice of a profession by a…veterinary practitioner” (see Schedule 1 to the Development Regulations 2008)

Subset Consulting room

Superseded No – use consulting room

Viticulture Horticulture Appears to fall under the definition of horticulture i.e. “the use of land for…viticulture” (see Schedule 1 to the Development Regulations 2008)

Subset Horticulture Superseded Yes – use viticulture or horticulture

Warehousing Store Warehouse

- Stand alone - Superseded No – use warehouse or store

Waste Depot Waste reception, storage, treatment or disposal

An activity of major environmental significance in many cases (see Schedule 22 to the Development Regulations 2008, section 3(3)

Development of land for the purpose of the reception, storage, treatment or disposal of waste is a decision by the Development Assessment Commission (see Schedule 10 to the Development Regulations 2008, clause 2(b))



Waste Landfill Waste reception, storage, treatment or disposal



Superseded No – use Waste reception, storage, treatment or disposal

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Defined as ‘waste within the meaning of the Environment Protection Act 1993’ (see Schedule 1 to the Development Regulations 2008). The Environment Protection Act defines it as:

“(a) any discarded, rejected, abandoned, unwanted or surplus matter, whether or not intended for sale or for recycling, reprocessing, recovery or purification by a separate operation from that which produced the matter; or

(b) anything declared by regulation (after consultation under section 5A) or by an environment protection policy to be waste,

whether of value or not;”



Waste Transfer Depot Waste reception, storage, treatment or disposal





Waste Transfer Dump Waste reception, storage, treatment or disposal





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Waste Transfer Station Waste reception, storage, treatment or disposal

An activity of major environmental significance in many cases (see Schedule 22 to the Development Regulations 2008, section 3(3)).


Subset An activity of major environmental significance in many cases (see Schedule 22, section 3(3)


Waste Treatment Works



‘Wastewater treatment plant’ is the term favoured by Schedule 9 to the Development Regulations 2008

Stand alone - Superseded No – use wastewater treatment plant or waste reception, storage, treatment or disposal (as required)

Water Pressure Regulating Station

Public service depot Exempt from approval if undertaken by a State agency and appropriately certified under the Building Rules (see Schedule 13 to the Development Regulations 2008, clause 1(b)(ii))

Subset Pumping station

Appropriate No – use pumping station

Water Sensitive Development

Water Sensitive Urban Design (WSUD)

Not a legal term.

The term refers to development that applies WSUD principles and measures, for example, as detailed in the Water Sensitive Urban Design (WSUD) Technical Manual for Greater Adelaide).

Yes

Water Storage Tank Water tank ‘water tank’ is the term favoured by Schedules 3, 3A, and 4 to the Development Regulations 2008

Stand alone - Superseded No – use water tank

Water Tank Dam Tank

‘Water tank’ is the term favoured by Schedules 3, 3A, and 4 in the Development Regulations 2008

In some cases, is not development (see Schedule 3 to the Development Regulations 2008, clause 4(1)(h)

In other cases, is complying development (see Schedule 4 to the Development Regulations 2008, clause 1(1)(e)


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Water Treatment Works Public service depot Water treatment plant Wastewater treatment

plant Water and wastewater

treatment plant

Water treatment plant, wastewater treatment plant, or water and wastewater treatment plant are the terms favoured by Schedule 9 to the Development Regulations 2008.

Stand alone - Superseded No – use water treatment plant

Waterworks Public service depot Wastewater treatment

plant Water treatment plant

Water treatment plant, wastewater treatment plant, or water and wastewater treatment plant are the terms favoured by Schedule 9 to the Development Regulations 2008.

Stand alone - Superseded No – use pumping station, wastewater treatment plant or water treatment plant

Weighbridge - - Stand alone - Appropriate Yes

Weighbridge and gatehouse

Weighbridge - Stand alone - Superseded No – use building ancillary to weighbridge

Welfare Institution Supported accommodation

A definition appeared in the Development Control Regulations 1982, but was removed from the Development Regulations 2008.

Stand alone - Superseded No – use supported accommodation

Wharf Wharf side facility Reconstruction, widening, alteration, repair or maintenance of any wharf (where undertaken by a state agency) is exempt from approval (see Schedule 14 to the Development Regulations 2008, clause 1(a)(i)).

If undertaken by the private sector, bulk handling activities are activities (exceeding certain thresholds) are activities of environmental significance when associated with a wharf (see Schedule 21 to the Development Regulations 2008, clause 6(1)(b


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Wharf Facilities Wharf Reconstruction, widening, alteration, repair or maintenance of any wharf (where undertaken by a state agency) is exempt from approval (see Schedule 14 to the Development Regulations 2008, clause 1(a)(i)).

If undertaken by the private sector, bulk handling activities are activities (exceeding certain thresholds) are activities of environmental significance when associated with a wharf (see Schedule 21 to the Development Regulations 2008, clause 6(1)(b))

Stand alone - Superseded No – use wharf side facility

Wholesaling Warehouse Wholesale plant nursery

References to wholesaling appear in the definition of horticulture and store (see Schedule 1 to the Development Regulations 2008)

Subset Warehouse Superseded No – use warehouse or wholesale plant nursery

Wholesaling Outlet Shop Warehouse

- Subset Shop Superseded No – use warehouse or shop

Wind Farm - Means “an undertaking where one or more wind turbine generators (whether or not located on the same site) are used to generate electricity that is then supplied to another person for use at another place” (see Schedule 8 to the Development Regulations 2008, clause 1(1))


Wind Turbine Wind farm ‘Wind turbine generator’ is the term favoured in Schedule 8 to the Development Regulations 2008, clause 1. Further to the definition, if the electricity generated is used by another person at another place, it would be defined as a ‘wind farm’, but if the electricity is used in any other way, it would be a ‘wind turbine generator’

Subset Wind farm Superseded No – use wind turbine generator

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Windmill Domestic wind turbine/generator

Wind turbine generator

‘Windmill’ is the term favoured in Schedule 3 to the Development Regulations 2008. If it is erected in ‘Area A’ or ‘Area C’ in a map entitled “Airport Building Heights”, it is development (see Schedule 3, clause 4(1)(b)(i)).

Windmills are not development if:

Outside area A or C of an Airport Building map

attached to a building and no more than 4 metres

freestanding an no more than 10 metres

(see Schedule 3 to the Development Regulations 2008, clause 4(1)(b))


Winery - The term ‘winery’ is undefined in planning legislation (see paragraph 7 in Torresans Happy Valley Winery Pty Ltd v City of Onkaparinga & Anor [2005] SAERDC 51)

An activity of environmental or major environmental significance, depending on the amount of grapes processed per year (see Schedule 21 to the Development Regulations 2008, clause 7 and Schedule 22, clause 11


Winery processing Winery ‘Wineries’ is the term favoured in Schedule 21 and 22 of the Development Regulations 2008 rather than ‘winery processing’.

Subset Winery Superseded No – use winery

Woodlot Commercial forest - Subset Commercial forest

Superseded No – use commercial forestry

Wrecking Yard Junk yard Waste reception,


Alternately described as “storage of wrecked motor vehicles” and “wrecking yard” in Wakefield Regional Council V Active Auto Action Pty Ltd [2007] SAERDC 73


Zoo - - Stand alone - Appropriate Yes

guide terminology august2011 final - sa.gov.au · while definition is ultimately a matter for the...

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