the rule is,,it must be above the flood level,, which is the highest point the water can come into the room, usually the wash hand basin, if you don't have a basin then the toilet pan rim level, which is roughly where Phils picture is.
This came up recently and a manufacturer said theirs could be below the flood level, can't remember the details and not a plumber.
oh right, so the new rule now is, google for the new dessign AAV and take note that not all plumbers own a 'current affairs' book,