Planning Report: the subject site

Property at a Glance

This property is located in the city's commercial heart, within the Capital City Zone, immediately adjacent to heritage-listed buildings. Development must satisfy the zone's strategic intent to support residential, employment, retail, and cultural uses, while managing the Heritage Adjacency overlay's requirement that new work not dominate or unduly impact the setting of nearby heritage places.

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Planning Controls Applying

Capital City Zone (CC) — Desired Outcome and Key Performance Outcomes

The Capital City Zone aspires to be the state's economic and cultural focus, delivering high-intensity, mixed-use development (residential, retail, office, community, tourism, and entertainment) with strong street walls, vibrant ground-level activation, and high design quality.

Use changes between similar business types (shop, office, consulting room) and combinations thereof satisfy the Deemed-to-Satisfy pathway under DTS/DPF 1.2, provided the conditions in that criterion are met (refuse setback from dwellings, access arrangements for larger sites). If all DTS/DPF 1.2 criteria are met, the proposal is automatically approved with no public notification.

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Heritage Adjacency Overlay

Development adjacent to State and Local Heritage Places maintains the heritage and cultural values of those Places.

The Heritage Adjacency overlay removes the automatic Deemed-to-Satisfy pathway. Even if the proposed use change (e.g., office, shop, or consulting room) would normally satisfy DTS/DPF 1.2 of the Capital City Zone, the Heritage Adjacency overlay's PO 1.1 must also be addressed. The development cannot dominate, encroach on, or unduly impact the setting of the adjacent heritage place.

This typically requires:

• Identification of the nearby heritage place(s) and their State or Local Heritage listing
• Analysis of the heritage place's character, setting, and heritage significance
• Demonstration that the proposed change of use (and any ancillary fit-out, signage, or external work) will not visually dominate or undermine the heritage fabric

Development Capacity

Realistic Development Potential

Given that the subject site is located in the Capital City Zone with no land-division or density constraints, the property can accommodate:

• Change of Use to Shop — retail, food retail (subject to refuse and access criteria in DTS/DPF 1.2)
• Change of Use to Office — professional services, administrative
• Change of Use to Consulting Room — small-scale health and professional services (dentist, medical, allied health)
• Residential (Dwelling) — listed in DTS/DPF 1.1 as an envisaged use
• Residential Flat Building — listed as envisaged
• Co-living — not explicitly listed in the Capital City Zone DTS/DPF 1.1 table; would require Performance Assessment
• Child Care Facility, Community Facility, Educational Facility, Tourist Accommodation, Retirement Village, Supported Accommodation — all listed as envisaged uses

• Building height is controlled by the Maximum Building Height TNV layers (values not supplied in the record — must be confirmed from the SA planning database)
• Ground-floor ceiling height minimum 3.5m (DTS/DPF 3.13)
• No site-coverage or frontage minima are prescribed in the Capital City Zone DTS/DPF criteria; the zone is intended for high-intensity urban infill

1. Change of Use to Office or Consulting Room → Code Assessed — Deemed-to-Satisfy (if DTS/DPF 1.2 conditions met) OR Code Assessed — Performance Assessed (if Heritage Adjacency overlay impacts the setting) → likely no public notification if DTS pathway satisfied; notification likely if Performance Assessed due to heritage concern

2. Change of Use to Shop (non-food) → Code Assessed — Deemed-to-Satisfy (if conditions met and no heritage impact) OR Performance Assessed (if heritage impact material)

3. Residential Use or Residential Flat Building → Code Assessed — Performance Assessed (no DTS/DPF criteria; merit-based against zone POs including activation, design quality, heritage setting)

4. New Building (not merely change of use) → Code Assessed — Performance Assessed at minimum (height, design, heritage interface); likely public notification due to potential heritage and streetscape impacts

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Pathway Analysis

Most Likely Scenario: Change of Use to Office, Shop, or Consulting Room

The Planning, Development and Infrastructure Act 2016 (PDI Act) offers two principal pathways:

#### Scenario A: Use Change + Heritage Adjacency Not Material

If the proposed use change satisfies all of DTS/DPF 1.2 (Capital City Zone) and does not materially encroach on or visually dominate the adjacent heritage place's setting:

• Pathway: Code Assessed — Deemed-to-Satisfy
• Relevant Authority: City of Adelaide (delegate officer or Assessment Panel depending on council procedure)
• Decision: Approval mandatory if all DTS criteria met
• Public Notification: No public notification required
• Timeline: Typically 15–20 working days from lodgement
• Specialist Reports: None required; internal council assessment sufficient

If the proposed use change may dominate, encroach on, or visually impact the adjacent heritage place:

• Pathway: Code Assessed — Performance Assessed (PO 1.1 of Heritage Adjacency Overlay + zone POs)
• Relevant Authority: City of Adelaide Assessment Panel (likely, given heritage sensitivity)
• Decision: Refusal possible if heritage impact unreasonable
• Public Notification: Notification likely (s 110 PDI Act — public notification discretionary for Code Assessed applications; councils typically notify where heritage or amenity impacts are material)
• Agency Referrals: Heritage SA (prescribed body under Part 9.1, Planning and Design Code) — will provide expert assessment of heritage impact
• Timeline: 25–35 working days from lodgement (including notification period of 10 days minimum)
• Specialist Reports Required:

Agency Referrals (PDI Act Part 9.1)

• Use changes to office or consulting room: Low notification likelihood if no heritage impact
• Use changes to shop or food retail: Medium notification likelihood (potential for odour, noise, or traffic impacts on neighbours)
• New fit-out with external signage or alterations: High notification likelihood in a heritage context

Recommended Next Steps

1. Confirm Heritage Context

• The name and location of each heritage place adjacent to the subject site
• The nature of its significance (architectural, cultural, historical)
• Any heritage guidelines or impact-assessment requirements published by Heritage SA

2. Engage a Heritage Consultant (Early)

• Identifies the adjacent heritage place and describes its setting
• Assesses the proposed change of use against PO 1.1 (does not dominate, encroach, or unduly impact)
• Recommends design measures to mitigate any visual or functional impact (e.g., sensitive external finishes, discreet signage, retention of heritage fabric)

3. Confirm Building Height and Setback TNV Values

4. Establish Use Class & DTS Compliance

• Capital City Zone DTS/DPF 1.1 — is the use listed as envisaged?
• Capital City Zone DTS/DPF 1.2 — if proposing a change of use, do the conditions apply?

5. Specialist Reports (Depending on Use)

6. Pre-Lodgement Meeting with City of Adelaide

• Confirm the assessment pathway (Deemed-to-Satisfy vs. Performance Assessed)
• Clarify heritage referral expectations
• Identify any local design guidelines or heritage protocols specific to the City Main Street or the locality
• Confirm any additional conditions likely to be imposed (accessibility, service delivery, waste management)

7. Prepare and Lodge Development Application

• Completed Development Application Form (SA Planning portal)
• Title and cadastral plan
• Detailed description of the proposed use (hours, staffing, expected customers/occupants, any operational impacts)
• Architectural plans showing existing and proposed fit-out (including floor plans, elevations, sections)
• Heritage Impact Statement (if any external work or signage proposed)
• Specialised reports (odour, traffic, ESD, etc., as identified above)
• Owner consent declaration (s 119(13) PDI Act)

8. Follow-up & Conditions Negotiation

If the application is Performance Assessed and notified:

• Respond to public representations within the prescribed timeframe
• Work with Heritage SA and other prescribed bodies to address conditions
• Be prepared to amend designs if heritage impact concerns arise

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Key Code References to Read in Full

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Sources & legislation

Every claim in this report is grounded in the following authoritative documents. Click any link to open the in-force version directly.

• PDI Act 2016 — Planning, Development and Infrastructure Act 2016 (SA) — Primary statute. Establishes the State Planning Commission, the Planning and Design Code, and the four assessment pathways (Accepted, Deemed-to-Satisfy, Performance Assessed, Restricted).
• PDI Regulations 2017 — Planning, Development and Infrastructure (General) Regulations 2017 (SA) — Regulations under the PDI Act — referral triggers, prescribed development classifications, application requirements.
• Planning & Design Code — South Australian Planning and Design Code — Single state-wide instrument. Zones, subzones, overlays and General Development Policies — gazetted under the PDI Act.
• SA Planning Portal — PlanSA — South Australian Planning Portal — Statutory lodgement portal for development applications. Hosts the SAPPA viewer and the Code in its in-force form.
• Part 4 — General Development Policies — Planning and Design Code Part 4 — General Development Policies — Cross-zone policies — car parking, design quality, signage, advertising, infrastructure, hazards.
• Heritage Places Act 1993 — Heritage Places Act 1993 (SA) — State Heritage Register and Local Heritage protections — referral framework for development affecting heritage places.
• Development Act 1993 (repealed) — Development Act 1993 (SA) — repealed — The pre-PDI Act statute. Historic approvals may still rely on it; included as a navigational reference only.