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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2015-07-29 Daily Xml
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Residential Development Code

In reply to Mr GARDNER (Morialta) (17 July 2014). (Estimates Committee A) (First Session)

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Housing and Urban Development, Minister for Industrial Relations, Minister for Child Protection Reform): I have been provided the following advice:

The Residential Development Code was introduced in 2009 to streamline the assessment process for home construction, home renovation and minor domestic outbuildings and structures.

The Residential Development Code for dwelling additions and minor domestic outbuildings applies to residential developments generally, while the Code for new dwellings applies to areas determined by me as the Minister administering the Development Act 1993.

A development that meets the criteria of the Residential Development Code must be approved by the relevant authority and apart from street setback requirements; no regard is necessarily given to the development plan.

During the implementation process of the Code, explicit exemptions were made to where the Code would apply including where a referral to a statutory body, such as the Coastal Protection Board is required. Furthermore, councils were able to nominate other areas for exclusion from the determined areas such as interface areas with industrial land uses.

As planning policy within development plans is evolving to address changing strategic directions and site circumstances, adjustments can be made to the determined areas of the Residential Development Code. Approximately 20 alterations, to either include or exclude areas, have been made to the determined areas since the Code was introduced in 2009.

I am advised that the request from the Copper Coast Council is currently being reviewed by the Department of Planning, Transport and Infrastructure and while this is still to be finalised, an exemption to address coastal hazard issues would be a sound basis to review the determined area.

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