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LG Alert – New Year, New Amendments to the Development Regulations 2008 (February 3rd, 2017)

LG Alert – New Year, New Amendments to the Development Regulations 2008

We are now in 2017 and it has most certainly begun with a “flurry” as far as the Development Regulations is concerned. Two sets of Variation Regulations were Gazetted in January.

The key amendments are set out below.

Development (Low Impact Entertainment) Variation Regulations 2017

These regulations insert a new clause 5(2)(f) into Schedule 3 of the Development Regulations to exempt “the carrying on of low impact entertainment on premises other than residential premises” from constituting “development” requiring approval under the Development Act 1993.

“low impact entertainment” is defined as follows:

“low impact entertainment, in relation to premises, means live entertainment that is carried on-

  1. inside a building; and
  2. in accordance with the lawful use and occupation of the premises; and
  3. in compliance with the Environment Protection Act 1993,
    but does not include-
  4. prescribed entertainment within the meaning of section 105 of the Liquor Licensing Act 1997; or
  5. entertainment that is to be carried on in connection with a proposed change of use of the premises.”

This new exemption arises from the Change@SA 90-Day streamlining Live Music Regulation Project and is intended to allow live entertainment to occur in restaurants, sporting club rooms, coffee shops and other indoor premises by the operators of those premises without the need for a development approval, provided that:

  • the noise generated by the entertainment does not constitute a breach of the Environment Protection (Noise) Policy 2007 or the EP Act; and
  • the entertainment does not occur between midnight and 11.00am; and
  • the entertainment is not sexually explicit; and
  • the entertainment does not comprise a professional or public boxing or martial art event pursuant to the Boxing and Martial Acts Act 2000; and
  • the entertainment does not comprise a change in land use in its own right.

Interestingly, the new exemption does not apply to events such as the Porch Sessions and other, similar music events which are hosted within residential premises in urban areas and which are becoming increasingly popular.

Development (Miscellaneous) Variation Regulations 2017

These Regulations amend regulation 32, Schedules 3, 8, 10 and 14 of the Development Regulations.  The amendments are:

  1. The provisions of regulation 32, which govern when developments are Category 1 and 2 for public notification purposes, are clarified, particularly in respect of developments which contain activities of major environmental significance.

    All such developments will now be Category 2 forms of development where all of their elements are either Category 1 or 2 as defined in Schedule 9.  The previous wording in regulation 32 resulted in some development applications defaulting to Category 3, despite all of their elements being listed as Category 1 or 2.

  2. Two new exemptions have been added to Schedule 3:

    2.1 the grant or acceptance or the making of certain leases or licences or agreements for a lease or licence over part of an allotment under the Aboriginal Lands Trust Act 2013, the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 or the Maralinga Tjarutja Land Rights Act 1984 (see clause 3(1a) of Schedule 3); and

    2.2   the construction, reconstruction, alteration, repair or maintenance of a recreation path (including within coastal areas) and ancillary development in connection with such a path (see clause 19 of Schedule 3).

    The exemption at 2.1 above prevents such leases or licences from being considered “land division” and therefore “development”.The exemption at 2.2 above is intended to overcome recent, protracted, legal and other challenges, by the owners of land adjacent coastal and other reserves, against plans by councils to construct new public recreation paths within those reserves.

  1. Schedule 8 has been amended to prevent the need for variation applications for developments within the City of Adelaide and within the Urban Corridor Zones of the Cities of Burnside, Norwood, Payneham & St Peters, Prospect, Unley and West Torrens council areas from requiring referral to the Government Architect or Associate Government Architect, where a referral occurred on the original application.
  2. Schedule 10 is amended as follows:

    4.1   Clause 2 which provides that the DAC is the relevant authority for certain forms of development undertaken by a council has been deleted. Councils will now, generally, be the relevant authority for all council development;

    4.2   the DAC is the relevant authority for all boundary realignments in the Mount Lofty Ranges Water Protection Area under clause 7;4.3   Clause 13 which applies to the Bowden Village Zone within the City of Charles Sturt, and Clause 20 which applies to developments “called in” by the Coordinator-General have been amended to clarify that the DAC is the relevant authority for variation applications and applications for development in association with or ancillary to development previously approved by the DAC, other than where the relevant development is a “complying” form of development; and

    4.4   the DAC is no longer the relevant authority for development in the MFP (The Levels) Zone within the City of Salisbury.

  3. Schedule 14 has been amended to expand the number and types of developments that can be undertaken by State agencies under section 49 of the Act without development approval.Of particular interest is the exemption for the construction, reconstruction or alteration of a correctional institution under the Correctional Services Act 1982 or a training centre under the Youth Offenders Act 1993 – this exemption follows significant budget allocations for the construction of new facilities in existing prisons announced throughout 2016.

For any questions, please contact Victoria Shute on 8113 7104 or vshute@kelledyjones.com.au