Planning, Development and Infrastructure (General) (Ancillary Accommodation and Schedule 6A) Amendment Regulations 2023 (SA)

South Australia

Planning, Development and Infrastructure (General) (Ancillary Accommodation and Schedule 6A) Amendment Regulations 2023

under the Planning, Development and Infrastructure Act 2016

Part 1Preliminary1Short title

These regulations may be cited as the Planning, Development and Infrastructure (General) (Ancillary Accommodation and Schedule 6A) Amendment Regulations 2023.

2Commencement

These regulations come into operation on the day on which they are made.

Part 2Amendment of Planning, Development and Infrastructure (General) Regulations 2017

3Amendment of regulation 3A – Application of Act (section 8)

Regulation 3A(3a) and (4)—delete subregulations (3a) and (4) and substitute:

1. (4)

   Pursuant to section 8(2)(b) of the Act, section 215 of the Act applies with the following prescribed variation:

   Section 215—after subsection (4) insert:

   1. (5)

      Subsection (4) does not apply to prevent a person who owns ancillary accommodation from entering into an agreement for the residential occupation of the ancillary accommodation (such as a residential tenancy agreement or rooming house agreement (both within the meaning of the Residential Tenancies Act 1995)) with a person who is not a resident, or associated with a resident, of the dwelling in respect of which the accommodation is ancillary, or with any other person.

2. (5)

   In this regulation—

ancillary accommodation has the same meaning as in the Planning and Design Code;

prescribed separation distance, in relation to a building, means the separation distance that applies to the building under the Building Code for the purpose of determining requirements for fire‑resistance of building elements under the Code;

sole occupancy unit has the same meaning as in the Building Code.

4Amendment of Schedule 6A – Accepted development

1. (1)

   Schedule 6A, clause 3(1)—delete "subclauses." and substitute:

   subclauses, but not if—

   1. (c)

      a building envelope plan (as defined in regulation 19A(5)) exists in relation to the site; or

   2. (d)

      the dwelling is in the State Heritage Area Overlay, State Heritage Place Overlay or Local Heritage Place Overlay under the Planning and Design Code.

2. (2)

   Schedule 6A, clause 3(2)(b)—delete paragraph (b)

3. (3)

   Schedule 6A, clause 3(3)(b)—delete "3 m" and substitute:

   5 m

4. (4)

   Schedule 6A, clause 3—after subclause (4) insert:

   1. (4a)

      If the dwelling is in the Hazards (Flooding) Overlay, Hazards (Flooding - Evidence Required) Overlay or the Hazards (Flooding - General) Overlay under the Planning and Design Code, finished floor level is 300 mm above the highest point of the kerb of the primary street.

5. (5)

   Schedule 6A, clause 3—after subclause (6) insert:

   1. (6a)

      Building walls not located on side boundaries are set back—

      1. (a)

         if the wall height does not exceed 3 m—at least 900 mm from a side boundary; or

      2. (b)

         in any other case—at least 900 mm from a side boundary plus a distance of one‑third of the extent to which the height of the wall exceeds 3 m from the top of the footings.

6. (6)

   Schedule 6A, clause 3—after subclause (9) insert:

   1. (9a)

      A living room of the dwelling incorporates a window with an outlook towards the street frontage, private open space, public open space or waterfront areas.

7. (7)

   Schedule 6A, clause 3—after subclause (13) insert:

   1. (13a)

      Car parking spaces for the dwelling enclosed by fencing, walls or other obstructions have the following internal dimensions:

      1. (a)

         for a single parking space—

         1. (i)

            a minimum length of 5.4 m; and

         2. (ii)

            a minimum width of 3 m; and

         3. (iii)

            a minimum garage door width of 2.4 m;

      2. (b)

         for a double parking space (that consists of side‑by‑side spaces)—

         1. (i)

            a minimum length of 5.4 m; and

         2. (ii)

            a minimum width of 5.5 m; and

         3. (iii)

            a minimum garage door width of 2.4 m per space.

   2. (13b)

      Car parking spaces for the dwelling that are uncovered have the following internal dimensions:

      1. (a)

         a minimum length of 5.4 m;

      2. (b)

         a minimum width of 2.4 m;

      3. (c)

         a minimum width between the centreline of the space and any fence, wall or other obstruction of 1.5 m.

   3. (13c)

      Garages and carports facing a street—

      1. (a)

         are situated so that no part of the garage or carport is in front of any part of the building line of the dwelling; and

      2. (b)

         are set back at least 5.5 m from the boundary of the primary street; and

      3. (c)

         have a garage door or opening width not exceeding 7 m; and

      4. (d)

         have a garage door or opening width not exceeding 50% of the site frontage unless the dwelling has 2 or more building levels at the building line fronting the same street.

8. (8)

   Schedule 6A, clause 3—after subclause (14) insert:

   1. (14a)

      Vehicle access to designated car parking spaces satisfies either of the following:

      1. (a)

         is provided via a lawfully existing or authorised access point for which consent has been granted as part of an application for the division of land;

      2. (b)

         if newly proposed—

         1. (i)

            is set back 6 m or more from the tangent point of an intersection of 2 or more roads; and

         2. (ii)

            is set back outside of the marked lines or infrastructure dedicating a pedestrian crossing; and

         3. (iii)

            does not involve the removal or relocation of, or damage to, a mature street tree, street furniture or utility infrastructure services.

   2. (14b)

      Driveways and access points on sites with a frontage to a public road of 10 m or less have a width of between 3 and 3.2 m measured at the property boundary and are the only access points provided on the site.

Editorial note—

As required by section 10AA(2) of the Legislative Instruments Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor's Deputy

with the advice and consent of the Executive Council

on 16 November 2023

No 112 of 2023