Yet more amendments to the Development Regulations 2008

8 November 2017

The first Government Gazette for November has included the proclamation of the Development (Miscellaneous No 2) Variation Regulations 2017.

These amendments to the Development Regulations 2008, significantly affect councils and are in operation now. They are summarised below.

• Regulation 103A is amended so that a person who is not a State Government employee can be appointed as a building assessment auditor under section 56B of the Development Act 1993. This is for the purposes of auditing the building rules assessment performance of councils and private certifiers.
• A similar amendment has been made to regulation 103AB pertaining to development assessment auditors for Development Plan assessment audits.  Further, regulation 103AB has also been amended so that the date by which the first such audit must be completed is now 30 June 2018.
• Clause 2A(2)(b)(ai) of Schedule 4 has been inserted to require that Residential Code dwelling additions and alterations cannot result in the dwelling or any part of the dwelling being nearer to the existing boundary of the primary street for the dwelling than the existing dwelling on the allotment.  Related amendments have been made to clauses 2A(2)(b)(i) and 2A(2)(b)(ia) to ensure that they do not override clause 2A(2)(b)(ai).
• Clauses 2A(3)(b)(ii)(AA) has been inserted to clarify how to determine the primary street frontage of a corner allotment which is to be divided.  This appears to be to ensure that Residential Code land divisions do not result in unusual setback and other outcomes.  Related amendments to clauses 2A(3)(b)(ii)(A) and 2A(3)(b)(ii)(B) have been made to support this new clause.
• Clause 2B(2)(5)(ii)(B) of Schedule 4 has been amended to clarify that where a Residential Code new dwelling will have 2 or more bedrooms, it must have 2 car parking spaces, 1 of which is or is able to be enclosed or covered and which complies with clause 2B(5)(iii), and 1 which may comprise a driveway provided that it meets clause 2B(5)(iii).
• Clauses 2B(5)(iii)(E) and 2B(6)(k)(iii) have been amended to clarify that a driveway car parking space can be located on a driveway that does not yet exist, but has been approved in a land division application.
• Clause 2B(6)(a)(iii) and (iv) has been amended so that the relevant site area is 301 square metres or more.
• Clause 2B(6)(b)(ii) has been amended to apply only to dwellings located on, rather than ‘near’ a boundary.
• Clause 7 of Schedule 10 has been amended so that the SPC is not the relevant authority for land divisions in township areas within the Mount Lofty Ranges Water Protection Area.
• Clause 9 of Schedule 10, which specified that the SPC is the relevant authority for many forms of development within River Murray Zones has been deleted.

Please call Victoria Shute on 8113 7104 or email vshute@kelledyjones.com.au for more information.