South Australian planning policy library terminology list

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
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Community Hall
 Hall
 Community Centre
Subset
Hall
Appropriate
No – use hall
Concert Hall
 Hall
 Dance Hall
Subset
Hall
Appropriate
No – use hall
Consulting Room
-
Means “a building or part of a building (not
being a hospital) used in the practice of a
profession by a medical, veterinary or dental
practitioner, or a practitioner in any curative
science, in the provision of medical services,
mental, moral or family guidance, but does not
include a building or part of a building in which
animals are kept for fee or reward” (see
Schedule 1 to the Development Regulations
2008)
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
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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
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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
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Emergency shelter
-
If the development is temporary (and
undertaken by a state agency) it seems to be
exempt from approval (see Schedule 14 to the
Development Regulations 2008, clause 1(d))
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
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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
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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
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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
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South Australian
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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
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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
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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
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Health Centre
 Consulting room
 Indoor recreation centre
 Personal service
establishment
 Shop
-
Stand alone
-
Superseded
No – use consulting
room or indoor
recreation centre
Helicopter Landing Pad  Helipad
The term ‘Helicopter landing facilities’ is used in 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
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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
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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
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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
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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
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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
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Parking or storage of a
vehicle exceeding 9
tonne unladen weight
-
Not development unless the vehicle is over
3000 kg in weight and parked on land used for
residential purposes
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
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Piggery
Legal Notes
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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
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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
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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
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Public Service Depot
 Major public service
depot
 Minor public service
depot
Means “public service depot means land used
for storage and operations connected with the
provision of public services (including gas,
electricity, water supply, sewerage, drainage,
roadworks or telecommunication services) by a
body responsible for the provision of those
services” (see Schedule 1 to the Development
Regulations 2008)
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
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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
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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
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Residential Flat
Building
 Dwelling
Means “a single building in which there are two
or more dwellings, but does not include a 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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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South Australian
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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
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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
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Vehicle Accessways
 Crossover
 Road Pavement
 Carriageway
Accessway means that part of a carriageway
used for travel and does not include portions of
the pavement normally used for parking.
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
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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
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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
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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