Guide Department of Planning and Local Government South Australian Planning Policy Library Terminology List September 2011 Guide Department of Planning and Local Government South Australian Planning Policy Library Terminology List September 2011 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. 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 v Contents 01 INTRODUCTION 1 02 TERMINOLOGY LIST 3 vii 01 Introduction The 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: Non-complying Development Dwelling Horticulture Except detached dwelling Except viticulture Rather than Non-complying Development Commercial turf growing Floriculture Group dwelling Market gardening Multiple dwelling Orchard Row dwelling Semi-detached dwelling Wholesale plant nursery 1 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 2 Terminology List 02 3 Development Plan Term Related Terms Current terms used in Development Plans This column lists other These notes provide information from the related terms currently found Development Act 1993, Development Regulations in Development Plans 2008 and case law arising from decisions by the ERD and Supreme Courts Hierarchy Parent Term Status Explains whether the term is one of a hierarchy of terms (stand alone OR subset) This identifies the parent term that applies (if the original term is within a hierarchy) This notes whether the original term is still appropriate or whether it has been, or should be superseded Abattoir Stock slaughter works Stand alone - Superseded Abutting Land Adjoining land is also commonly used and refers to two separate land parcels that share a common boundary Active outdoor recreation Recreation area Appears in Schedule 9 to the Regulations, but is Stand alone 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 - 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) - Appropriate Yes Adjacent Land Legal Notes - South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? 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 No – use stock slaughter works No – use adjoining 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 Stand alone Yes 5 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Adult bookshop Adult products and services premises - Subset Adult entertainment premises Adult products and services premises Adult products and services premises Accepted Term for South Australian Planning Policy Library? Adult products and services premises Superseded No – use adult products and services premises Term was adopted by the Adelaide City Council Stand alone Development Plan following Frankham v Adelaide City Council [2003] SAERDC 114 - Appropriate Yes Adult bookshop Adult entertainment premises Term was adopted by the Adelaide City Council Stand alone Development Plan following Frankham v Adelaide City Council [2003] SAERDC 114 - Appropriate Yes 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) Stand alone - Appropriate Yes 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) Stand alone - Appropriate Yes Aerodrome Airfield Airport - Stand alone - Superseded No – use airfield 6 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes 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’ Subset Supported accommodatio n Superseded No – use nursing home Aged accommodation Aged persons accommodation Aged persons home Dependent accommodation Granny flat Nursing home 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’ Subset Supported accommodatio n Superseded No – use aged persons accommodation or nursing home 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’ Subset Supported accommodatio n Superseded Yes Aged housing Aged persons’ accommodation Aged accommodation Aged housing Aged persons home Dependent accommodation Granny flat Nursing home Retirement home Supported accommodation Accepted Term for South Australian Planning Policy Library? Some aspects may be controlled under the Retirement Villages Act 1987 Some aspects may be controlled under the Retirement Villages Act 1987 Some aspects may be controlled under the Retirement Villages Act 1987 7 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Agistment and holding of stock - Subset Farming Superseded No – use horse keeping or animal keeping Agricultural industry Farming Industry The definition of industry excludes “a process in Subset the course of farming” (see Schedule 1 to the Development Regulations 2008) 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 Falls under the definition of farming, which Farming means “the use of land for any purpose of Horticulture Intensive animal keeping 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 Stand alone 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). - Superseded No – use air conditioning system Air conditioning unit Air conditioner Air conditioning system If less than 100 kg and installed in the roof Stand alone 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). - Superseded No – use air conditioning system Airfield Aerodrome Airport - Stand alone - Appropriate Yes Airport Aerodrome Airfield - Stand alone - Superseded No – use airfield Animal keeping Farming Horse keeping Stable Accepted Term for South Australian Planning Policy Library? 8 Development Plan Term Related Terms Legal Notes Allotment Defined in Section 4 of the Development Act Stand alone 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 Appropriate services facility 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 Superseded machine centre No – use amusement machine centre Includes premises that contain four or more Stand alone 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) - Appropriate Yes - Subset Hall Superseded No – use hall or Indoor Recreation Centre Stand alone - Superseded No – use showground Lot Block Parcel Property Amusement machine centre Amusement hall Hall Amusement park Fun fair Showground Ancillary and in association with Residential Development Animal by-product works Industry Rendering or fat extraction works Outbuilding Carport Garage Pool Shed Pergola Spa Pool Deck Verandah South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? Appropriate No legal definition, and refers to all development listed in the related terms list that relates to residential development Rendering or fat extraction works is the term Stand alone favoured by the Development Regulations 2008 (see Schedule 22, Clause 6(7)) Yes Yes Superseded No – use rendering or fat extraction works 9 Development Plan Term Related Terms Legal Notes Animal keeping According to Schedule 3, clause 5(2)(c) of the Subset Development Regulations 2008, “the keeping of horses, sheep, cattle, pigs, goats, donkeys and wild animals is development (for domestic and non-domestic purposes)”. Farming Horse keeping Intensive animal keeping Animal husbandry South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? Farming Appropriate Yes Stand alone - Appropriate Yes Stand alone - Appropriate Yes Other animals are development if used for nondomestic 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. Animal race track - - Antenna Prescribed infrastructure Some types of antennae are not development (see Schedule 3 to the Development Telecommunications Regulations 2008, clause 12 and definition of facility “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 Not defined in the Development Act 1993, but Intensive animal keeping potentially falls under the definition of ‘intensive animal keeping’ in Schedule 1 to the Development Regulations 2008. Subset Intensive Appropriate animal keeping 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 10 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? 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. No - use undercroft car parking Undercroft refers to an area located underneath a building, which can be located completely or partially below the ground. Bed and breakfast Hotel Motel Subset 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) Tourist accommodatio n Appropriate Yes – or use tourist accommodation If the premises is licensed under the Liquor Licensing Act, it may fall under the definition of hotel in Schedule 1 Bee keeping Bee keeping licences are granted under the Subset Farming Intensive animal keeping 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) Farming Superseded No – use farming or intensive animal keeping Berthing operation Marina - Superseded No – use berth - Stand alone 11 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? 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 Subset posts or tensioned cables are installed 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). 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 Subset 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… Service trade premises Superseded No – use service trade premises (if trade is conducted) or store (if no trade is conducted) Yes Definition of store excludes the use of land for trade (whether wholesale or retail) Building Design The architectural shape, form and appearance of a building. Yes 12 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Building Work - Means “work or activity in the nature of – Stand alone - Accepted Term for South Australian Planning Policy Library? Appropriate Yes (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. Yes The shape of the aggregate of all buildings, structures etc which make up the site and / or locality. Bulk Mass No legal definition. No, use Mass Also referred to as Mass which means the overall size and shape of a building Bulky goods outlet Bulky goods retailing Retail showroom Service trade premises Shop Means “premises used primarily for the sale, Subset 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 Appropriate Yes 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 13 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? 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)). Subset Advertising Superseded No – use advertisement ERD Court accepted that flags constituted development in Fadu Pty Ltd vs City of Noarlunga [1998] SAERDC 482. 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 Subset & 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) 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). Car Wash - - Stand alone - Appropriate Yes Caravan Park Caravan Camping Area - Stand alone - Appropriate Yes Caretaker's Residence Dwelling - Stand alone - Superseded No – use dwelling ancillary to/in association with Yes 14 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? 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 No – use Intensive Animal Keeping Cemetery Special Cemetery Buildings - Stand alone 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). Intensive Superseded Animal Keeping Appropriate Yes No – use Heritage Place or Contributory Item State Heritage Place is defined. (Refer to s 16 Heritage Places Act 1993) Contributory Item is defined in Planning Bulletin – Heritage 2001 Child Care Centre Pre-school Day Care Centre Falls within definition of “pre-school” in Schedule 1 Subset Educational Establishment Superseded Stand alone = preschool If in associated with secondary school, college, university or technical institute = Education Establishment Child Care Facility Pre-school Day Care Centre 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 Falls within definition of “pre-school” in Schedule 1 No use Pre-school 15 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? Clubroom Community centre Hall Appears to fit the definition of community Stand alone centre, which is “land used for the provision of social, recreational or educational facilities for the local community, but does not include a preschool, primary school, educational establishment or indoor recreation centre” (see Schedule 1 to the Development Regulations 2008) - Appropriate No – use community centre Commercial Forestry Woodlot Forestry Subset 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). Farming Appropriate Yes 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. Yes Space provided for dwellings located above ground level and which is shared with more than one dwelling and is not publicly accessible. Community Centre Branch Library Hall Means “land used for the provision of social, Stand alone 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) 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. Appropriate Yes No – Use Community Centre Use Community Centre definition of the (Refer Schedule 1 of the Development Regulations 2008: community centre) 16 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes 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) Stand alone Appropriate Yes Convention Centre - - Stand alone Appropriate Yes Cottage Industry Home Industry Subset Industry Superseded No – use light industry or service industry Industry Appropriate No – use Industry Appropriate Yes Crash Repair Premises Workshop Panel beating - Stand alone Crematorium Requires referral to the Minister administering the Public and Environmental Health Act 1987. (see Schedule 8 of the Development Regulations 2008) Stand alone - Crossover Accepted Term for South Australian Planning Policy Library? No legal definition. Yes Means an access point from a public road, over a verge or footpath into private property. Dairy Dance Hall 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) Concert hall Hall Stand alone - Appropriate Yes Subset Hall Appropriate No – use Hall or Entertainment Venue 17 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? 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 Subset 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) Dwelling Appropriate Yes 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 Drive-in Bottle Shop - Subset Dwelling Superseded No – use multiple dwelling 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 Boarding house Hostel Multiple dwelling Residential flat building 18 Development Plan Term Related Terms Legal Notes Dwelling Means “a building or part of a building used as a Stand alone self-contained residence” (see Schedule 1 to the Development Regulations 2008) Detached dwelling Granny flat Group dwelling Multiple dwelling Row dwelling Self contained residence within a Residential Flat Building (only) Semi-detached dwelling South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? - Appropriate Yes 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 19 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? 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. Stand alone - Appropriate Yes Effluent Treatment Plant Sewage treatment works ‘Wastewater treatment plant’ is the term favoured by Schedule 9, clause 10 and the Wastewater treatment Environment Protection (Fees and Levy) plant 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’ is the term favoured by Schedule 9, clause 10 and the Wastewater treatment Environment Protection (Fees and Levy) plant 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 Stand alone - Appropriate Yes 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 Stand alone - Appropriate Yes Emergency services Ambulance station Fire station Police station Section 3 of the Emergency Services Funding Stand alone Act 1998 identifies various emergency services. For the purposes of BDP, they can be grouped as ‘emergency service facility’ Emergency Superseded services facility No – use emergency services facility Emergency Services Facility Ambulance station Fire station Police station Section 3 of the Emergency Services Funding Stand alone Act 1998 identifies various emergency services. For the purposes of BDP, they can be grouped as ‘emergency service facility’ - Yes Appropriate 20 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes 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)) Stand alone - 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 - Stand alone - Appropriate Yes Equestrian Centre Horse keeping - Stand alone - Appropriate Yes Evaporation Basin Prescribed mining operations If undertaken in accordance with any of the Subset Mining Acts, an evaporation basin would appear to fall under ‘prescribed mining operations’ (per definition (b) in Section 4 of the Development Act 1993) Prescribed mining operations Appropriate Yes (if not associated with the Mining Act) Subset Earthworks Appropriate Yes Stand alone - Appropriate Yes Excavation Cutting The term ‘excavation’ is favoured by the Regulations rather than or ‘cutting’ (per Schedule 2, 3, 3A, 4, 5, 10, 14) Accepted Term for South Australian Planning Policy Library? Appropriate Yes No (if associated with the Mining Act) – use prescribed mining operations 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) Excavation and/or filling Earthworks of land - 21 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Exhaust Fan - Unlikely to be development unless in respect of a local heritage place (see Schedule 3, Section 4(3)(a)(iii)) Stand alone - Appropriate Yes 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 - Stand alone - Appropriate Yes Definition of “industry“ specifically excludes mining (see Schedule 1 to the Development Regulations 2008) Stand alone - Superseded No – use prescribed mining operations (for activity that is controlled under the Development Act) Extraction of landfill gas Extractive Industry Prescribed mining operations Accepted Term for South Australian Planning Policy Library? 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) 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) Stand alone - Appropriate Yes Farm Stay accommodation for more than 15 guests 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 accommodatio n Superseded No – use motel or tourist accommodation in the form of farm stay accommodation for no more than 15 guests Bed and breakfast Dwelling Motel Tourist accommodation 22 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Farming Agriculture Subset “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) - 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) Subset Intensive Appropriate animal keeping No – use intensive animal keeping Fence Brush fence Retaining wall Wall - Yes Some brush fences do not require development Stand alone plan consent (see Schedule 1A to the Development Regulations 2008) Accepted Term for South Australian Planning Policy Library? Appropriate 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. Stand alone Yes Means the arrangement of windows in a building Fencing Brush fence Fence Retaining wall Wall - Stand alone - Superseded No – use fence 23 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? Filling - The term filling is favoured in Schedule 2, clauses 1-5, but there are several cases where it is not development. Subset Earthworks Subset Emergency Appropriate services facility Appropriate Yes 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 Fire Station Emergency services facility - Fixed Public Transport Stop Transit Corridor No legal definition. 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 Stand alone and specifically excluded from the definition of ‘farming’ in Schedule 1. - Superseded No – use commercial forestry No – use emergency services facility Yes Means a fixed public transport stop refers to transport stops associated with trains, trams and O-Bahn transit corridors (Refer to The 30Year Plan for Greater Adelaide “Transit Corridors”). 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). Stand alone - Appropriate Yes Stand alone - Appropriate Yes ‘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. 24 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? Fuel Depot ‘petrol filling station’ has additional associated uses (retail and car servicing) Means “land used primarily for the storage of Stand alone 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) - Appropriate Yes 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) Stand alone - Appropriate Yes 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 Keeping of goats is development; it is listed as Subset Animal keeping an exception to domestic animal keeping that is Farming Intensive animal keeping exempt from approval. See Schedule 3, clause 5 (2)(c) of the Development Regulations 2008 Farming Appropriate Yes Golf Course Driving range - Appropriate Yes - Stand alone 25 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Grazing of Stock Farming Grazing - Subset Green Roof Living Roof No legal definition. Farming Accepted Term for South Australian Planning Policy Library? Superseded No – use farming Yes 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) Green Wall Living Wall No legal definition. Yes 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) Greenway Open space corridors No legal definition. Yes 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) 26 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Group Dwelling Dwelling As distinct from detached dwelling, multiple dwelling, residential flat building, row dwelling & semidetached 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) Subset Dwelling Accepted Term for South Australian Planning Policy Library? Appropriate Yes 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: 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 - Stand alone - Appropriate Yes Harbour Installation - - Stand alone - Superseded Yes Health Care Facilities Consulting room Personal service establishment Shop - Stand alone - Superseded No – use consulting room Amusement hall Community centre Community hall Dance Hall Meeting hall No – use gross leasable area 27 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes 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 Stand alone Schedule 22 to the Development Regulations 2008 - Superseded No – use helicopter landing facility Helipad - The term ‘Helicopter landing facilities’ is used in Stand alone Schedule 22 to the Development Regulations 2008 - 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) High Frequency Public Transport Corridor Accepted Term for South Australian Planning Policy Library? Yes No legal definition. 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 30Year Plan for Greater Adelaide p. 95) Yes Home based industry Home activity Light industry Service industry A small-scale home industry fell within the Subset definition of ‘light industry’ (see Waters v Mid Murray Council [2004] SAERDC 93, paragraphs 37-39) 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) - Superseded No – use light industry or service industry Stand alone ?? shop, office 28 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes 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) Subset Industry Accepted Term for South Australian Planning Policy Library? Superseded No – use light industry or 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) Horse Keeping Animal keeping Farming Stable Means “the keeping or husbandry of horses Subset 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) 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 Stand alone building (because farm building involves a building used for the purpose of farming and the definition of farming specifically excludes horticulture. - Appropriate Yes Horticulture - Means “the use of land for market gardening, Stand alone viticulture, floriculture, orchards, wholesale plant nurseries or commercial turf growing” (see Schedule 1 to the Development Regulations 2008) - Appropriate Yes 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 29 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? 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) Stand alone - Appropriate Yes 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 Stand alone - Appropriate Yes 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 30 Development Plan Term Related Terms Legal Notes Indoor Recreation Centre - Means “a building designed or adapted primarily Stand alone for recreation, but does not include a stadium or amusement machine centre” (see Schedule 1 to the Development Regulations 2008) - Appropriate Yes 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 Means “the carrying on, in the course of a trade Stand alone or business, of any process (other than a process in the course of farming or mining) for, or incidental to— - Appropriate Yes General industry Light industry Service industry Special industry South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? (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)” (see Schedule 1 to the Development Regulations 2008) 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) Stand alone - Appropriate Yes 31 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Intensive Outdoor Recreation (of playing fields, hardcourts) Recreation area If under the care/control of the Crown/Council Stand alone and open to the public without charge, it would fall under the definition of “recreation area” (see Schedule 1 to the Development Regulations 2008) - Superseded No – use recreation area or sports ground Intermodal Cargo Transfer Facilities Road transport terminal - - Superseded No – use intermodal rail freight facility Internal Building Work Building work ‘internal alteration of a building’ is the term used Subset in Schedule 2, 3A, 8, but in many cases is not development 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 Subset Waste reception, storage, treatment or disposal 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, Stand alone 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)). - Superseded No – use animal keeping Stand alone Accepted Term for South Australian Planning Policy Library? For further discussion, see Ey V Campbelltown City Council [2008] SAERDC 40 Kennel Subset 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). Intensive Superseded animal keeping No – use intensive animal keeping 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 32 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? Land Based Aquaculture Aquaculture Certain leases and licences under the Subset 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)** Intensive Superseded animal keeping 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 Stand alone - Appropriate Yes Land fill that constitutes Refuse disposal solid waste disposal Rubbish dump required to be licensed as a waste depot under the Environment Protection Act 1993. - Subset Waste reception, treatment, storage or disposal 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 - Subset Waste reception, treatment, storage or disposal Superseded No – use waste reception, treatment, storage or disposal Land Allotment No legal definition. Yes 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 33 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Landscape Supplies Service trade premises - Subset Land Use Land No legal definition. Service trade premises Accepted Term for South Australian Planning Policy Library? Superseded No – use service trade premises Yes 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 Library Community centre - Subset Community centre Appropriate Yes Licensed entertainment Licensed premises premises Alcohol provision is not secured under the Subset 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) Licensed premises Superseded No – use licensed premises in association with (hotel, dwelling, restaurant, shop, etc) Licensed Entertainment Licensed premises Venue Alcohol provision is not secured under the Subset 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 premises Superseded No – use licensed premises in association with (hotel, dwelling, restaurant, shop, etc) 34 Development Plan Term Related Terms Licensed Premises in Licensed premises association with a hotel, dwelling restaurant, shop etc Legal Notes South Australian Planning Policy Library Notes Alcohol provision is not secured under the Stand alone 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. 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— - Accepted Term for South Australian Planning Policy Library? Appropriate Yes No – use licensed premises Subset Industry Appropriate Yes Stand alone - Superseded No – use fuel depot (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” (see Schedule 1 to the Development Regulations 2008) 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 35 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? Liquid Waste Depot Waste reception, treatment, storage or disposal - Subset Waste reception, treatment, storage or disposal Superseded No – use 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 Subset Regulations, but some Councils have made bylaws under the Local Government Act 1999 to tackle the issue more clearly (e.g. City of Unley) Dwelling Superseded No – use group dwelling, multiple dwelling or tourist accommodation Machinery Sales and Services Service trade premises Subset Service trade premises Superseded No – use service trade premises Major public service depot Depot Public service depot Works depot Means “a public service depot on a site of 8 000 Subset square metres or more” (see Schedule 1 to the Development Regulations 2008) 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) Stand alone - Appropriate Yes Market Shop - Stand alone - Superseded No – use shop 36 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Marshalling Yard Railway land Railway yard ‘Railway land’ means ‘ Subset Railway land Accepted Term for South Australian Planning Policy Library? Superseded No – use railway land (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; (see Schedule 3 to the Development Regulations 2008) Mass Bulk No legal definition. Yes Means the overall size and shape of a building. 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 Stand alone 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. - Superseded No – use reference to the building itself e.g. additions or alterations to… or hall 37 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Merchant's/Agents' Buildings Office Shop Warehouse - Stand alone Mineral Water Extraction and/or Processing Plant Industry Mining Accepted Term for South Australian Planning Policy Library? - Superseded No – use office, shop or warehouse Definition (b) of ‘industry’ includes ‘… cleaning, Subset washing, packing, bottling…or adapting for sale…of any article’ (see Schedule 1 to the Development Regulations 2008) Industry Superseded No – use industry 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 Mining and loam extraction Prescribed mining operations The Development Act does not prevent, or Subset 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) Prescribed mining operations 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) Subset Prescribed mining operations 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. Stand alone Stand alone Yes Means buildings containing two or more unrelated land uses, e.g. residential and offices. 38 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? 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). Subset Advertisement Superseded No – use advertisement [assuming it is development] 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 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) Stand alone - Appropriate Yes 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 39 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Motor Repair/Service Station Motor repair station Petrol filling station Service station The relationship between ‘petrol filling station’, Stand alone ‘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.” - 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) Service trade premises Superseded No – use service trade premises Motor Service Station Motor repair station Petrol filling station Service station The relationship between ‘petrol filling station’, Stand alone ‘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.” - 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) Service trade premises Superseded No – use service trade premises Motor Showroom Repair Station Motor repair station Petrol filling station Service station The relationship between ‘petrol filling station’, Stand alone ‘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.” - Superseded No – use petrol filling station or motor repair station Subset Subset Accepted Term for South Australian Planning Policy Library? 40 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? Motor Transport Depot - Definition of ‘road transport terminal’ can include land used for parking vehicles, but also requires bulk handling of goods. Stand alone - - No – use transport depot ‘Transport depot’ could therefore be used for storage/parking of vehicles if no bulk handling takes place on the land. 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) Subset Dwelling Appropriate Yes Museum - - Stand alone - Appropriate Yes Mushroom Farm Farming Horticulture - Subset Horticulture Superseded No – use horticulture Mushroom Farming Farming Horticulture - Subset Horticulture Superseded No – use horticulture Mushroom Production as a commercial operation Farming Horticulture - Subset Horticulture Superseded No – use horticulture 41 Development Plan Term Related Terms Legal Notes 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). South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? Yes 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. Navigational Aid Navigation aid structure ‘Navigation aid structure’ is the term favoured in Stand alone 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”) - 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 42 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? 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. Non Residential Club Community centre Appears to fit the definition of community Subset centre, which is “land used for the provision of social, recreational or educational facilities for the local community, but does not include a preschool, primary school, educational establishment or indoor recreation centre” (see Schedule 1 to the Development Regulations 2008) Community centre Superseded No – use community centre Nuclear Facilities (except those using nuclear isotopes for medical treatment) Nuclear waste storage facility The Australian Radiation Protection and Stand alone Nuclear Safety Act 1998 regulates nuclear installations (see Section 13 for terminology/definition and Section 30 for licence requirement). - Superseded No – use nuclear installation Nuclear installation Superseded No – use nuclear installation Yes 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) Nuclear Power Station Nuclear installation Subset 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) 43 Development Plan Term Related Terms Nuclear Processing and Nuclear installation Enrichment Plant Legal Notes South Australian Planning Policy Library Notes The Australian Radiation Protection and Subset Nuclear Safety Act 1998 regulates nuclear installations (see Section 13 for terminology/definition and Section 30 for licence requirement). Accepted Term for South Australian Planning Policy Library? Nuclear installation Superseded No – use nuclear installation - Superseded No – nuclear waste storage facilities are prohibited under state legislation, hence the Development Plan has no work to do 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) Nuclear Storage Dump Nuclear waste storage facility Nuclear installation Stand alone 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) Nursery Pre-school Plant nursery “Pre-school means a place primarily for the care Subset 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) 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 Subset infirm where no care of outpatients or surgery is undertaken” (see Schedule 1 to the Development Regulations 2008) Supported Accommodatio n 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) - Appropriate Yes Stand alone 44 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Office and Dwelling Dwelling Home activity Office - Stand alone Olive Orchard Horticulture Olive plantations On shore aquaculture processing facility Accepted Term for South Australian Planning Policy Library? - Superseded Yes ‘olive growing’ is the term favoured by Schedule Subset 9 to the Development Regulations 2008 Horticulture Superseded olive growing Horticulture Olive orchard ‘olive growing’ is the term favoured by Schedule Subset 9 to the Development Regulations 2008 Horticulture Superseded No – use olive growing Industry - Subset Industry Superseded No – use industry in association with aquaculture On-shore marine Industry aquaculture processing - 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 - Subset Waste reception, treatment, storage or disposal Superseded No – use waste reception, treatment, storage or disposal Ostrich Farming Farming - Subset Farming Superseded No – use farming Outbuilding “Outbuilding” is the most common term used in the Development Regulations 2008, appearing in Schedules 3, 3A, 4, 9, 10, and 14 Stand alone - Superseded Yes Carport Farm building Garage Residential outbuilding Shed Categorised as a Class 10a building pursuant to the Building Code of Australia 45 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? 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) Subset Advertisement Superseded No – use advertisement Subset Outdoor advertisement Superseded No – use advertisement May be classed as ‘service trade premises’ if Stand alone 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) - Superseded No – service trade premises (if it is the dominant use of the site) or goods display area (in all other cases) However, some types of outdoor advertisements are not development (see Schedule 3, clause 1 in the Development Regulations 2008) 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) Outdoor Goods Display Service trade premises Area Shop 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) Stand alone - Superseded No – use spa pool 46 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Oval Recreation area - Subset Overall Form Built form No legal definition. Recreation area Accepted Term for South Australian Planning Policy Library? Superseded No – use recreation area No, use Built Form Means the shape of the aggregate of all buildings, structures etc which make up the locality. Oyster Cultivation Aquaculture - Park Recreation area If managed by a council (and does not charge a Subset fee for entry) it is a recreation area. Subset Aquaculture Superseded No – use aquaculture 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) 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 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 Stand alone - Superseded No – use parking of any vehicle exceeding 3000 kilograms in weight on land used for residential purposes Stand alone - Superseded No – use parking of any vehicle exceeding 3000 kilograms in weight on land used for residential purposes (see Schedule 3 to the Development Regulations 2008, clause 5(2)(d)) Parking of vehicles over 3000 kilograms in weight (including trailer) - 47 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? 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 Stand alone - Superseded No – use parking of any vehicle exceeding 3000 kilograms in weight on land used for residential purposes (see Schedule 3 to the Development Regulations 2008, clause 5(2)(d)) 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 Stand alone - Appropriate Yes Permanent Sewage Treatment Plant Public service depot Waste reception, treatment, storage or disposal ‘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. Stand alone Yes Means the ability to see or find way. 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) Stand alone - Appropriate Yes Subset Intensive Superseded animal keeping 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) No – use intensive animal keeping 48 Development Plan Term Related Terms Piggery Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? Intensive animal keeping Intensive animal keeping includes “Keeping or husbandry of animals in a…piggery…or other Pig keeping like circumstances” (see Schedule 1 to the Development Regulations 2008) Subset Intensive Superseded animal keeping No – use intensive animal keeping Place of Worship - - Stand alone - Appropriate Yes Plant and Equipment Sale Service trade premises - Subset Service trade premises Superseded No – use 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 Stand alone - Appropriate Yes Stand alone - Appropriate Yes Subset Recreation area Superseded No – use recreation area 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 49 Development Plan Term Related Terms Legal Notes Podium buildings Podia No legal definition. South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? Yes 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 Police Station Emergency services facility - Subset Emergency Superseded services facility 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 Subset 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) Intensive Superseded animal keeping No – use intensive animal keeping Poultry Keeping Subset 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) Intensive Superseded animal keeping No – use intensive animal keeping Pre-school Child care centre Educational establishment Nursery Educational establishment Yes Educational establishment includes a preschool associated with a secondary school, college, university or technical institute (see Schedule 1 to the Development Regulations 2008). Subset Appropriate If not associated with the above, it would be a pre-school. 50 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? Pre-school Dwelling Dwelling - Subset Dwelling Superseded No – use dwelling in association with a preschool Prescribed Mining Activity Prescribed mining operations 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 Prescribed mining operations Means “prescribed mining operations means operations carried on in the course of— Stand alone - Appropriate Yes Subset Educational establishment Appropriate Yes (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 preschool associated with a secondary school, college, university or technical institute. If not associated with the above, it would be a primary school 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 Stand alone - Appropriate Yes Private Museum Museum - Subset Museum Superseded No – use museum 51 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? Public Amenities Laundry Shower Toilet Stand alone 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) - 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 Stand alone activities is not development (see Schedule 3 to the Development Regulations 2008, clause 13(4)). - Superseded No – use parking facility Australian Standard AS 2890 uses the term ‘Parking facilities’ Public Conveniences Laundry Shower Toilet Internal alteration of a building (with a few Stand alone 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) - Superseded No – (refer to the building itself) Public library Community centre - Community centre Superseded No – use community centre Public promenade - Appears to fall under the broader definition of Subset ‘public place’ (see Section 4 of the Development Act 1993) 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’ Subset - 52 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes 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) Stand alone Public Shelters Street furniture Public Transport Interchange Accepted Term for South Australian Planning Policy Library? - Appropriate Yes Weather shelters appear to be classed within Subset ‘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). Street furniture Superseded No – use street furniture Passenger station A passenger station undertaken on railway land Stand alone is complying development (see Schedule 4, clause 4(1) to the Development Regulations 2008). - Appropriate Yes Public Transport Terminal Passenger station A passenger station undertaken on railway land Stand alone is complying development (see Schedule 4, clause 4(1) to the Development Regulations 2008) - 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 aboveground pumping stations would be development. Stand alone - Appropriate Yes 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 53 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Radio or TV Studio - - Stand alone - Superseded No – use radio studio or television studio - Stand alone - Superseded Yes Means “any park, garden, children’s playground Stand alone 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). - Appropriate Yes In several cases, a recreation area is not Stand alone development (see Schedule 3 to the Development Regulations 2008, clause 2(1)(e)). - Superseded No – use community centre, indoor recreation centre, recreation area, or stadium Reception, storage, Waste reception, treatment or disposal of treatment, storage or waste disposal Recreation Area Park Sports ground Accepted Term for South Australian Planning Policy Library? In several cases, a recreation area is not development (see Schedule 3, clause 2(1)(e) in the Development Regulations 2008). Recreation Facilities 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, treatment, storage or disposal - Subset Waste reception, treatment, storage or disposal Superseded No – use Waste reception, treatment, storage or disposal Community centre Park Indoor recreation centre Recreation area Sports ground Stadium 54 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Refuse Destructor Waste reception, treatment, storage or disposal - Subset Rendering or Fat Extraction Works Special industry Research facilities Accepted Term for South Australian Planning Policy Library? Waste reception, treatment, storage or disposal Superseded No – waste reception, treatment, storage or disposal Means the conduct of works at which animal, Stand alone 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) - Appropriate Yes 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 accommodatio n 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 Subset centre, which is “land used for the provision of social, recreational or educational facilities for the local community, but does not include a preschool, primary school, educational establishment or indoor recreation centre” (see Schedule 1 to the Development Regulations 2008) Community centre Superseded No – use community centre Residential Development Dwelling Residential flat building - - Superseded No – use dwelling Stand alone 55 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? Residential Flat Building Dwelling Means “a single building in which there are two or more dwellings, but does not include a semidetached dwelling, a row dwelling or a group dwelling” (see Schedule 1 to the Development Regulations 2008) Stand alone - Appropriate Yes Subset Outbuilding Superseded No – use outbuilding - Appropriate Yes - Superseded No – use dwelling 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 Residential Park Caravan park 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 Stand alone 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 56 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes 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 Subset Development Regulations 2008 is ‘a place for the care of the aged and infirm where no care of outpatients or surgery is undertaken’ Restaurant/s Café Shop Retail Plant Nursery Retail Showroom Accepted Term for South Australian Planning Policy Library? Supported accommodatio n Superseded No – use nursing home or supported accommodation Means “land used primarily for the consumption Subset of meals on the site” (see Schedule 1 to the Development Regulations 2008) Shop Appropriate Yes Shop - Subset Shop Appropriate Yes Bulky goods outlet Shop Bulky goods outlet or retail showroom means Subset “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 Appropriate No – use bulky goods outlet - Appropriate Yes Some aspects may be controlled under the Retirement Villages Act 1987 Shop means “(c) a bulky goods outlet or a retail showroom” (see Schedule 1 to the Development Regulations 2008) 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)). Stand alone 57 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Retirement Village 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). Subset Supported accommodatio n Appropriate Yes – or use supported accommodation, depending on the purpose Stand alone - Superseded No – (use a more specific form of public works that is development) Shop Superseded No – use shop or control this use under Local Government Act 1999 if it is located on a road verge Aged accommodation Aged housing Aged persons home Dependent accommodation Granny flat Nursing home Retirement home Supported accommodation Accepted Term for South Australian Planning Policy Library? 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) 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). Road Stall Shop Subset 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. Road Transfer Terminal Road transport terminal Road Transport Depot Road transport terminal - Stand alone - Superseded No – use 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 ‘Transport depot’ could therefore be used for storage/parking of vehicles if no bulk handling takes place on the land. 58 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Road Transport Terminal - Means “means land used primarily for the bulk Stand alone handling of goods for transport by road, whether or not the land is also used for— Accepted Term for South Australian Planning Policy Library? - Appropriate Yes (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” (see Schedule 1 to the Development Regulations 2008) 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 Subset appear to fall under ‘shop’. In other cases, approval would be made under Section 222 of the Local Government Act 1999 Shop Superseded No – use shop Roof Signs Advertisement - Advertisement Superseded No – use advertisement Rooftop Garden Green roof No legal definition. Subset Yes 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). 59 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? Row Dwelling Dwelling Means “a dwelling— Subset Dwelling Appropriate Yes (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;” (see Schedule 1 to the Development Regulations 2008) 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, storage, treatment or disposal Wrecking yard - Stand alone - Superseded No – use service trade premises, shop, wrecking yard, or waste reception, storage, treatment or disposal 60 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? 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. Subset Communication Superseded s dish No – use communications dish School Educational establishment Primary school - Subset Educational establishment Superseded No – use educational establishment 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 No legal definition. Secondary School Dwelling Detached dwelling Group dwelling Garage top apartment Loft apartment Fonzie flats Educational establishment 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 No, use Garage top apartment 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. - Subset Secondary school Superseded No – use educational establishment 61 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? Semi-detached Dwelling Dwelling Means “a dwelling— Subset Dwelling Appropriate Yes (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” (see Schedule 1 to the Development Regulations 2008) 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— Subset Industry Appropriate Yes Stand alone - Superseded No – use dam (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” (see Schedule 1 to the Development Regulations 2008) Service Reservoir Dam Reservoir - 62 Development Plan Term Related Terms Legal Notes Service Station Petrol filling station Shop The relationship between ‘petrol filling station’, Stand alone ‘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.” - Superseded No – use petrol filling station or shop 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;” - Appropriate Yes Service Trade Premises Bulky goods outlet Shop Store Used car lot South Australian Planning Policy Library Notes Stand alone Accepted Term for South Australian Planning Policy Library? (see Schedule 1 to the Development Regulations 2008) 63 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes 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 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 Subset Waste reception, storage, treatment or disposal Superseded No – use wastewater treatment plant Sewage Treatment Works 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 Environment Protection (Fees and Levy) Regulations 1994 Subset Waste reception, storage, treatment or disposal Superseded No – use wastewater treatment plant “Outbuilding” is the most common term used in the Development Regulations 2008, appearing in Schedules 1, 3, 3A, 4, 9, 10, and 14. Stand alone - Superseded No – use outbuilding Stand alone - Superseded No – use equipment shelter or weather shelter Shed, garage and other Outbuilding residential outbuildings Accepted Term for South Australian Planning Policy Library? And Refer: The Oaks Hotels & Resorts P/L v City of Holdfast Bay & Anor [2010] SAERDC 16 – which recommended no change 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). 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 64 Development Plan Term Related Terms Legal Notes Ship Repair Facility Industry Definition (b) of ‘industry’ includes ‘repairing…of Subset any…ship’ (see Schedule 1 to the Development Regulations 2008) Industry Superseded No – use industry Shop or Group of Shops 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;” Stand alone - Appropriate Yes Bulky goods outlet Café Restaurant Petrol filling station Retail showroom Service trade premises South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? (see Schedule 1 to the Development Regulations 2008) 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 - Stand alone - Appropriate Yes Showroom Service trade premises Shop - Subset Shop Superseded No – use shop or service trade premises Signage Advertisement - Stand alone Advertisement Superseded No – use advertisement 65 Development Plan Term Related Terms Legal Notes Site 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. Siting Land Allotment Lot Block Parcel Property South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? No, use Allotment 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 Superseded No – use 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. Stand alone - Superseded No – use spa pool 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 66 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Special Industry Industry Subset 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 Accepted Term for South Australian Planning Policy Library? Industry Appropriate Yes (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” (see Schedule 1 to the Development Regulations 2008) Special School Educational establishment - Subset Educational establishment Superseded No – use 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 Subset 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)). Recreation area Superseded No – use recreation area 67 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? Squash Court Indoor recreation centre - Subset Indoor recreation centre Superseded No – use indoor recreation centre Stable Agistment Animal keeping Horse keeping - Stand alone - Appropriate Yes Stadium - - Stand alone - Appropriate Yes State Emergency Service Unit Emergency services facility Subset 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’ Emergency Superseded services facility 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 Stand alone 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) - Appropriate Yes 68 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Stock Slaughter Yard Abattoir Stock slaughter works - Stand alone - Superseded No – use stock slaughter works Stock Slaughterhouse Abattoir Stock slaughter works - Stand alone - Superseded No – use stock slaughter works Stockyard Would appear to fall under the definition of Farming Intensive animal keeping 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 Means “a building or enclosed land used for the Stand alone 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) - Appropriate Yes Farm building Outbuilding Accepted Term for South Australian Planning Policy Library? 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) Subset Building Appropriate No – (specify the type of building or structure) 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) 69 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes 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 Appropriate Yes Swimming pool Spa pool - - Appropriate Yes Take away food premises Shop Does not appear to fall under the definition of Subset ‘restaurant’ because it is not ‘land used primarily for the consumption of meals on the site’ Shop Superseded No – use shop Shop Superseded No – use shop - Superseded No – use water tank Industry Subset No – use industry or special industry Stand alone Nursing homes Hostels Retirement homes Retirement villages Residential care facilities Special accommodation houses Stand alone Accepted Term for South Australian Planning Policy Library? 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’. (see Schedule 1 to the Development Regulations 2008) Take-away Food Outlet Shop Does not appear to fall under the definition of Subset ‘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’. (see Schedule 1 to the Development Regulations 2008) Tank Water tank - Tannery Industry An activity of major environmental significance if Subset more than 5 tonnes of skins or hides are processed per year (see Schedule 22 to the Development Regulations 2008, clause 6(9)) Stand alone 70 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? 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)) Subset Telecommunic ations facility Superseded No – use telecommunications facility A “low impact facility” is exempt from state planning laws, according to the definition in the Commonwealth’s Telecommunications (Lowimpact Facilities) Determination 1997 Telecommunication Station Telecommunications facility In some cases, antennae are not development (see Schedule 3 to the Development Regulations 2008, clause 12(4)) Subset Telecommunic ations facility Superseded No – use telecommunications facility Telecommunication tower and monopoles Telecommunications facility ‘Telecommunications facility’ is the term Subset favoured throughout Schedule 9. It relies on the definition of ‘facility’ within the Telecommunications Act 1997 and is binding on all states and territories. Telecommunic ations facility Superseded No – use telecommunications facility 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). A “low impact facility” is exempt from state planning laws, according to the definition in the Commonwealth’s Telecommunications (Lowimpact Facilities) Determination 1997 The courts recommended the use of one consistent term throughout all Development Plans in Telstra Corp Ltd v City of Mitcham [2001] SASC 1666 71 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Telecommunications Facility Telecommunications tower Telecommunications monopole Telecommunications tower ‘Telecommunications facility’ is the term Stand alone favoured throughout Schedule 9. It relies on the definition of ‘facility’ within the Telecommunications Act 1997 and is binding on all states and territories. Accepted Term for South Australian Planning Policy Library? - Appropriate Yes Subset Telecommunic ations facility Superseded No – use telecommunications facility 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). A “low impact facility” is exempt from state planning laws, according to the definition in the Commonwealth’s Telecommunications (Lowimpact Facilities) Determination 1997 The courts recommended the use of one consistent term throughout all Development Plans in Telstra Corp Ltd v City of Mitcham [2001] SASC 1666 Telecommunications Tower/Station Telecommunications facility A “low impact facility” is exempt from state planning laws, according to the definition in the Commonwealth’s Telecommunications (Lowimpact Facilities) Determination 1997 The courts recommended the use of one consistent term throughout all Development Plans in Telstra Corp Ltd v City of Mitcham [2001] SASC 1666 Telephone Exchange Telecommunications Facility - Subset Telecommunic ations facility Superseded No – use telecommunications facility Temporary Accommodation Short-term workers accommodation - Stand alone - Superseded No – use hotel, motel, short-term workers accommodation or tourist accommodation 72 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Temporary Sewage Treatment Plant Wastewater treatment plant Waste reception, storage, treatment or disposal ‘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)) Subset Waste reception, storage, treatment or disposal Superseded No – use wastewater treatment plant 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 Subset 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) Educational establishment Superseded No – use educational establishment Theatre Cinema Hall - - Appropriate No- use entertainment venue Third Party Advertisements Advertisement Subset 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) 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) Subset Service trade premises Superseded No – use service trade premises Stand alone Accepted Term for South Australian Planning Policy Library? 73 Development Plan Term Related Terms Legal Notes 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). Tourism Accommodation Hotel Motel Tourist accommodation - Tourist Accommodation Hotel Motel Serviced apartment South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? No, use Building Height Stand alone - Superseded No – use tourist accommodation Stand alone “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 selfcontained 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) - Appropriate Yes (noting this is narrower than ‘tourist development’) - Superseded No – use tourist accommodation 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. Tourist Accommodation Hotel Facility Motel - Stand alone 74 Development Plan Term Related Terms Tourist Development Hotel Interpretive and directional sign Motel Tourist accommodation Tourist facilities in association with existing premises Hotel Interpretive and directional sign Motel Tourist accommodation Tourist facility Tourist Facility Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? Stand alone - Appropriate Yes (this is considered broader than ‘tourist accommodation’) - Stand alone - Superseded No – use tourist accommodation in association with [development] Hotel Motel Picnic shelter Tourist accommodation - Stand alone - Superseded No – use 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) Stand alone - Appropriate Yes Transhipment Facilities - ‘Trans shipment facility’ is the term favoured by Schedule 9 Stand alone - Superseded No – use trans shipment facility 75 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Transmitting Facilities Telecommunications facility ‘Telecommunications facility’ is the term Subset favoured throughout Schedule 9. It relies on the definition of ‘facility’ within the Telecommunications Act 1997 and is binding on all states and territories. Accepted Term for South Australian Planning Policy Library? Telecommunic ations facility Superseded No – use telecommunications facility Telecommunic ations facility Superseded No – use telecommunications facility 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). A “low impact facility” is exempt from state planning laws, according to the definition in the Commonwealth’s Telecommunications (Lowimpact Facilities) Determination 1997 The courts recommended the use of one consistent term throughout all Development Plans in Telstra Corp Ltd v City of Mitcham [2001] SASC 1666 Transmitting Station Telecommunications facility ‘Telecommunications facility’ is the term Subset 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). A “low impact facility” is exempt from state planning laws, according to the definition in the Commonwealth’s Telecommunications (Lowimpact Facilities) Determination 1997 The courts recommended the use of one consistent term throughout all Development Plans in Telstra Corp Ltd v City of Mitcham [2001] SASC 1666 76 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Transmitting Station/Tower Telecommunications facility ‘Telecommunications facility’ is the term Subset favoured throughout Schedule 9. It relies on the definition of ‘facility’ within the Telecommunications Act 1997 and is binding on all states and territories. Accepted Term for South Australian Planning Policy Library? Telecommunic ations facility Superseded No – use telecommunications facility Stand alone - Appropriate Yes Stand alone - Superseded No – use road transport terminal In some cases, a transportable and temporary Stand alone classroom is state agency development exempt from approval (see Schedule 14 to the Development Regulations 2008, clause 1(viii) - Superseded No – use relevant dwelling type. 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). A “low impact facility” is exempt from state planning laws, according to the definition in the Commonwealth’s Telecommunications (Lowimpact Facilities) Determination 1997 The courts recommended the use of one consistent term throughout all Development Plans in Telstra Corp Ltd v City of Mitcham [2001] SASC 1666 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. 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) ‘Transport depot’ could therefore be used for storage/parking of vehicles if no bulk handling takes place on the land. Transportable building - 77 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? 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 noncomplying lists) Tree damaging activity - Means Stand alone - Appropriate Yes “(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) Stand alone - Appropriate Yes Truck sales and Service Motor repair station Depot 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) Subset Service trade premises Superseded No – use motor repair station or service trade premises 78 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes 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 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: Stand alone - Superseded No - waste reception, storage, treatment or disposal Use of land for Waste reception, reception, storage, storage, treatment or treatment or disposal of disposal waste Accepted Term for South Australian Planning Policy Library? “(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;” 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) Subset Service trade premises Superseded No – use service trade premises 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) Subset Service trade premises Superseded No – use service trade premises 79 Development Plan Term Related Terms Legal Notes 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. South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? Yes 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. 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 Stand alone definition of industry i.e. ‘the altering…or the breaking up, or demolition, of any article, ship or vessel” Subset Service trade premises Superseded No – use service trade premises - Superseded No – use industry in association with shop (depending on primary use of the site) 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) Vehicle Parking Area - Australian Standard AS 2890 uses the term ‘Parking facilities’ Stand alone - Superseded No – use parking facility 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) Subset Service trade premises Superseded No – use service trade premises 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) Stand alone - Appropriate Yes 80 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Veterinary Practice Consulting room Appears to fall under the definition of consulting Subset 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) 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) Subset Waste reception, storage, treatment or disposal Superseded No – use waste reception, storage, treatment or disposal Subset Waste reception, storage, treatment or disposal Superseded No – use Waste reception, storage, treatment or disposal 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 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)) Accepted Term for South Australian Planning Policy Library? 81 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? Waste reception, storage, treatment or disposal Waste reception, storage, treatment or disposal 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: Stand alone - Appropriate Yes Subset Waste reception, storage, treatment or disposal Superseded No – use waste reception, storage, treatment or disposal Subset Waste reception, storage, treatment or disposal Superseded No – use waste reception, storage, treatment or disposal “(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;” 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 Transfer 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 Transfer Dump 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 1 to the Development Regulations 2008, clause 2(b)) 82 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes 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 Superseded An activity of major environmental significance in many cases (see Schedule 22, section 3(3) No – use waste reception, storage, treatment or disposal 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)) Accepted Term for South Australian Planning Policy Library? Waste Treatment Works Wastewater treatment plant Waste reception, storage, treatment or disposal ‘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. 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 Stand alone - Appropriate Yes Yes 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). 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) 83 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? 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 Stand alone 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)). - Appropriate Yes 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 84 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Wharf Facilities Wharf Reconstruction, widening, alteration, repair or Stand alone 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)). Accepted Term for South Australian Planning Policy Library? - Superseded No – use wharf side facility 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)) 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 Stand alone 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)) - Appropriate Yes 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’ Wind farm Superseded No – use wind turbine generator Subset 85 Development Plan Term Related Terms Legal Notes South Australian Planning Policy Library Notes Accepted Term for South Australian Planning Policy Library? 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)). Stand alone - Appropriate Yes Stand alone - Appropriate Yes 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, storage, treatment or disposal Alternately described as “storage of wrecked motor vehicles” and “wrecking yard” in Wakefield Regional Council V Active Auto Action Pty Ltd [2007] SAERDC 73 Stand alone - Appropriate Yes Zoo - - Stand alone - Appropriate Yes 86
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