Building definitions
We are proposing to amend the definitions of building activity and building activity hours.
These amendments are for sections 158 and 159.
Building activity
Current:
(a) any act or thing done or to be done on, over or across any Road or Council Land for the purpose of or in the course of constructing, repairing, demolishing, pulling down or removing any building;
(b) the erection or removal of any kind of scaffolding and the excavation and carrying away of earth, soil, clay, rock or material of any kind on, over or across any road or Council land;
(c) the moving about of any building equipment or material and any rubble, waste or second-hand building materials on, over or across any road or Council land; or
(d) any work or action incidental to the matters referred to in paragraph (a), (b) and (c) conducted on, over or across any road or Council land.
Original proposed change:
(a) any act or thing done or to be done on, over or across any land, Road or Council Land for the purpose of or in the course of constructing, repairing, demolishing, pulling down or removing any building;
(b) the erection or removal of any kind of scaffolding and the excavation and carrying away of earth, soil, clay, rock or material of any kind on, over or across any land, road or Council land;
(c) the moving about of any building equipment or material and any rubble, waste or second-hand building materials on, over or across any land, road or Council land; or
(d) any work or action incidental to the matters referred to in paragraph (a), (b) and (c) conducted on, over or across any land, road or Council land.
Rationale for original proposed change:
The current definition of Building Activity does not clarify that land referred to within the clause is private land, which impacts the owner of the land.
The amendment will include an updated definition of Building Activity that covers any land, road or Council land.
Outcome and amendment:
Amendment carried as proposed. See Part C - Assessment of significant change (10) in the Community Impact Statements.
Current:
No definition of general maintenance
Original proposed change:
'General maintenance' includes but is not limited to, minor isolated works to ensure safe habitation of a residential or business premises, lawnmowing, essential works to make land or a building safe.
Rationale for original proposed change:
Introducing this definition will exclude owners/builders working on Sundays, but will allow for home maintenance.
Outcome and amendment:
Amendment not carried. Amendment incorporated in section 159(2), disregard this proposed change.
Building activity hours
Current:
1) Building Activity hours means the period of time between 7am and 8pm on any week day or the period of time between 9am and 8pm on Saturday.
2) (a) on Christmas Day, Easter Sunday, Good Friday and ANZAC Day.
3) Sub-clause (1)(b) does not apply to a natural person who is an owner of land on which Building Activity is being carried out on that land.
Original proposed change:
1) Building Activity hours means the period of time between 7am and 6pm on any weekday or the period of time between 9am and 6pm on Saturday.
2) on a public holiday
3) Sub-clause (1)(b) does not apply to a natural person who is an owner of land on which general maintenance activities are being carried out on that land.
Rationale for original proposed change:
1) In recognition of the increase in people working from home, it is recommended that building hours in the evening are restricted to no later than 6pm.
2) The proposal includes all public holidays, not just Christmas Day, Easter Sunday, Good Friday, ANZAC Day.
Outcome and amendment:
1) Carried
2) Carried
3) Carried, with altered wording: 159(2) Sub-clause (1) does not apply to a natural person who: (a) is an owner of the land on which Building Activity is being carried out; and (b) the Building Activity does not require a building permit; and (c) is not a registered builder.
See Part C - Assessment of significant change (10) in the Community Impact Statement.
