SA Planning Report — the subject site
Property at a glance
| Field | Details |
|---|---|
| Address | the subject site |
| Title | (lot/plan reference redacted) |
| Lot | (lot/plan reference redacted) |
| Council | To be confirmed (not supplied in property record) |
| Zone(s) | General Neighbourhood Zone (GN) |
| Subzone(s) | None |
| Overlays | Airport Building Heights (Regulated) — All structures over 15 metres; Prescribed Wells Area; Regulated and Significant Tree |
| Technical & Numeric Variations (TNVs) | None listed in property record |
| Code version | Planning and Design Code Version 2026.8 (gazetted 30 April 2026) |
| Assessment pathway(s) | Likely Code Assessed — Deemed-to-Satisfy or Code Assessed — Performance Assessed (depending on proposal type and compliance with DTS/DPF criteria) |
| Relevant authority | Council delegate or Council Assessment Panel (to be confirmed upon council identification) |
The property is a residential allotment in the General Neighbourhood Zone, subject to three overlays that constrain built form (Airport Building Heights for structures exceeding 15 m), water resources (Prescribed Wells Area), and tree protection (Regulated and Significant Tree). The absence of TNVs means the zone's standard site-area, frontage and built-form criteria apply state-wide.
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Planning controls applying
General Neighbourhood Zone (GN) — Desired Outcome and Core Controls
Desired Outcome: "Low-rise, low and medium-density housing that supports a range of needs and lifestyles located within easy reach of services and facilities. Employment and community service uses contribute to making the neighbourhood a convenient place to live without compromising residential amenity."The General Neighbourhood Zone is the primary control layer. It contemplates a mix of housing types (detached dwellings, semi-detached, row dwellings, group dwellings, residential flat buildings) together with small-scale complementary services (shops, consulting rooms, offices, community facilities). The zone operates within a hierarchy of performance outcomes and designated performance features (DPF) that define the deemed-to-satisfy pathway — meeting all applicable DPF criteria results in automatic approval; departure from any DPF criterion triggers a performance-assessed pathway against the underlying Performance Outcome (PO).
#### Key Built-Form Controls
Building Height — PO 4.1 / DTS/DPF 4.1: "Buildings contribute to a low-rise suburban character."The DTS criterion is: Building height (excluding garages, carports and outbuildings) no greater than 2 building levels and 9m, and wall height no greater than 7m (not including a gable end).
A two-level, 9 m dwelling is the maximum deemed-to-satisfy. Any proposal exceeding 9 m or 2 levels must be assessed on merit against PO 4.1 (contributing to low-rise suburban character).
Site Coverage — PO 3.1 / DTS/DPF 3.1: "Building footprints allow sufficient space around buildings to limit visual impact, provide an attractive outlook and access to light and ventilation."The DTS criterion is: The development does not result in site coverage exceeding 60%.
Site coverage is the horizontal footprint of all buildings (dwelling, garages, ancillary structures) expressed as a percentage of total site area. The 60 % threshold is binding for deemed-to-satisfy; exceeding it triggers performance assessment against PO 3.1's underlying intent (space around buildings, light, ventilation).
Primary Street Setback — PO 5.1 / DTS/DPF 5.1: "Buildings are setback from primary street boundaries to contribute to the existing/emerging pattern of street setbacks in the streetscape."The DTS criterion is context-dependent:
- Both abutting buildings exist: average setback of the abutting buildings minus 1 m.
- One abutting building exists (not corner): that building's setback minus 1 m.
- One abutting building exists (corner site): that building's setback minus 1 m.
- No abutting buildings: 5 m minimum.
The DTS criterion is: Building walls are set back from the boundary of the allotment with a secondary street frontage: at least 900mm; or if a building on the abutting allotment is closer to the secondary street than 900mm, not less than the distance of that building.
Side Boundary Setback — PO 8.1 / DTS/DPF 8.1: "Building walls are set back from side boundaries to provide: separation between buildings in a way that contributes to a suburban character; and access to natural light and ventilation for neighbours."The DTS criterion depends on site size:
- Site < 301 m²: 900 mm (ground floor), or 1.5 m + 1/3 of wall height above 3 m (north-facing walls above 3 m).
- Site ≥ 301 m²: 900 mm (ground floor), or 1.5 m + 1/3 of wall height above 3 m (south-facing); 1.9 m + 1/3 above 3 m (south-facing).
The DTS criterion depends on site size and building level:
- Site < 301 m²: 3 m (ground floor), 5 m (upper levels).
- Site ≥ 301 m²: 4 m (ground floor), 6 m (upper levels).
The DTS criterion establishes minimum site area and frontage by dwelling type:
| Dwelling Type | Minimum Site Area | Minimum Frontage |
|---|---|---|
| Detached dwelling (not terrace) | 300 m² | 9 m |
| Semi-detached dwelling | 300 m² | 9 m |
| Row dwelling (or detached in terrace arrangement) | 250 m² | 7 m (averaged) |
| Group dwelling | 300 m² (average, incl. common areas) | 15 m (total) |
| Residential flat building | 300 m² (average, incl. common areas) | 15 m (total) |
#### Private Open Space — Design in Urban Areas, Table 1
All residential dwellings must provide private open space (POS) to designated minimums:
| Dwelling Type | Minimum POS |
|---|---|
| Dwelling (ground level) | 24 m² (site < 301 m²); 60 m² (site ≥ 301 m²). At least 16 m² directly accessible from a living room, with minimum dimension 3 m. |
| Dwelling (above ground level) | Studio: 4 m² (min dimension 1.8 m); 1 bed: 8 m² (min 2.1 m); 2 bed: 11 m² (min 2.4 m); 3+ bed: 15 m² (min 2.6 m). |
#### Car Parking — Transport, Access and Parking General Development Policies
Residential dwellings require off-street car parking. The General Off-Street Car Parking Requirements table (not reproduced in full here) typically requires 1–2 spaces per dwelling depending on type and location. Parking must meet the dimensions and setback criteria in DTS/DPF 19.1–19.5 (Design in Urban Areas).
#### Ancillary Buildings — PO 11.1 / DTS/DPF 11.1
"Residential ancillary buildings are sited and designed to not detract from the streetscape or appearance of primary residential buildings on the site or neighbouring properties."Garages, carports, sheds and ancillary structures are subject to strict DTS criteria:
- Floor area: 60 m² (site ≤ 500 m²) or 80 m² (site > 500 m²).
- Garage setback from primary street: at least 5.5 m.
- Garage door width: not exceeding 7 m, or 50 % of site frontage (whichever is lesser), unless the dwelling has two or more building levels.
- Side/rear boundary walls: 900 mm minimum (not more than 11.5 m in length, and combined boundary walls not exceeding 45 % of boundary length).
- Wall height: 3 m maximum (not including gable).
- Soft landscaping: 10–25 % of site area (depending on site size), retain existing soft landscaping or provide new.
Airport Building Heights (Regulated) Overlay
Qualifier: "All structures over 15 metres" Desired Outcome: "Management of potential impacts of buildings and generated emissions to maintain operational and safety requirements of registered and certified commercial and military airfields, airports, airstrips and helicopter landing sites." PO 1.1 / DTS/DPF 1.1: "Building height does not pose a hazard to the operation of a certified or registered aerodrome." "Buildings are located outside the area identified as 'All structures' (no height limit is prescribed) and do not exceed the height specified in the Airport Building Heights (Regulated) Overlay which applies to the subject site as shown on the SA Property and Planning Atlas." Practical application: The property record indicates the qualifier "All structures over 15 metres." This means:- Structures up to and including 15 m are not subject to the overlay constraint.
- Any structure proposed to exceed 15 m requires assessment against the overlay's PO 1.1 and must not pose a hazard to a registered aerodrome (likely Adelaide Airport, given Fulham Gardens' proximity).
- The specific height limit is determined by the SA Property and Planning Atlas. The analyst must check the Atlas to confirm the exact height ceiling for this allotment.
For residential development, exhaust stacks are not ordinarily contemplated, so DTS/DPF 1.2 is satisfied trivially.
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Prescribed Wells Area Overlay
Desired Outcome: "Sustainable water use in prescribed wells areas." PO 1.1 / DTS/DPF 1.1: "All development, but in particular involving any of the following: [irrigation, wastewater systems, or aquifer risk activities], has a lawful, sustainable and reliable water supply that does not place undue strain on water resources in prescribed wells areas." Practical application: The Prescribed Wells Area Overlay is triggered where development involves water extraction (e.g., bores), irrigation, or wastewater disposal in an area designated as a prescribed wells area. For a standard residential dwelling with town water and sewer connection, the overlay places no constraint — the water supply and disposal are managed by the utility provider (SA Water), not on-site.However, if the property is not connected to a town water supply and proposes an on-site bore, or if wastewater is to be managed on-site (e.g., septic system), DTS/DPF 1.1 requires compliance with the 'On-site Wastewater Systems Code' or AS/NZS 1547 (as amended for SA). The overlay does not prevent development; it ensures water sustainability.
For planning purposes: Confirm with the council and SA Water whether the site has a town water and sewer connection. If so, the overlay is satisfield de facto.---
Regulated and Significant Tree Overlay
Desired Outcome: "Conservation of regulated and significant trees to provide aesthetic and environmental benefits and mitigate tree loss." PO 1.1 / DTS/DPF 1.1: "Regulated trees are retained where they: [preserve aesthetic, environmental, or cultural value]." DTS/DPF 1.1: "None are applicable." PO 1.2 / DTS/DPF 1.2: "Significant trees are retained where they: [preserve aesthetic, environmental, or cultural value]." DTS/DPF 1.2: "None are applicable." PO 1.3 / DTS/DPF 1.3: "A tree damaging activity not in connection with other development satisfies (a) and (b):" — [qualitative assessment]. DTS/DPF 1.3: "None are applicable." PO 1.4 / DTS/DPF 1.4: "A tree-damaging activity in connection with other development satisfies all the following:" — [qualitative assessment]. DTS/DPF 1.4: "None are applicable." PO 2.1 / DTS/DPF 2.1: "Regulated and significant trees, including their root systems, are not unduly compromised by excavation and / or filling of land, or the sealing of surfaces within the vicinity of the tree to support their retention and health." DTS/DPF 2.1: "None are applicable." Practical application: The Regulated and Significant Tree Overlay protects trees on the Significant Tree Register (council-specific) and regulated trees defined by database heritage value (DBH ≥ certain threshold, typically 200–300 mm depending on the council). At site survey stage, an arborist must be engaged to: 1. Identify any trees on the Significant Tree Register or meeting the DBH threshold. 2. Map their locations and root protection zones (typically 5–10 m radius from trunk). 3. Assess whether the proposed dwelling footprint, driveways, or ancillary structures encroach within the tree protection zone.If a regulated or significant tree is present and cannot be retained without compromising the dwelling design, a separate development application for tree removal/damaging activity is required. This application is assessed on merit against PO 1.3 and PO 1.4 (no DTS pathway exists). Tree removal consent is not guaranteed — it must be justified on grounds of structural risk, disease, or overriding site constraints.
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Development capacity
Dwelling Yield by Typology
Given the site dimensions (not measured on site; to be confirmed by survey), the following dwelling types are theoretically permissible under the General Neighbourhood Zone:
#### Single Detached Dwelling (Most Likely)
- Zone constraint: GN DTS/DPF 2.1 permits "not more than 1 dwelling on an existing allotment" (without new land division).
- Minimum site area: 300 m² (for detached, non-terrace).
- Minimum frontage: 9 m.
- Building height: 9 m, 2 levels maximum (DTS/DPF 4.1).
- Site coverage: ≤ 60 % (DTS/DPF 3.1).
- Primary street setback: 5 m (DTS/DPF 5.1) — assuming no established abutting buildings.
- Side setback (ground floor): 900 mm minimum.
- Rear setback: 3–4 m (ground floor, depending on site size).
- Private open space: 24 m² (site < 301 m²) or 60 m² (site ≥ 301 m²), with minimum 16 m² accessible from a living room.
- Ancillary structures: Garage 60 m² max, setback 5.5 m from street.
- Car parking: 1–2 spaces on-site (depends on dwelling size; confirmed by Transport, Access and Parking table).
#### Semi-Detached Dwelling (Dual Occupancy)
- Zone constraint: GN DTS/DPF 2.1 permits semi-detached dwellings; however, these require separate allotments (each dwelling requires its own legal title or a strata/community title arrangement).
- Minimum site area per dwelling: 300 m².
- Minimum frontage per dwelling: 9 m (total 18 m frontage for two dwellings side-by-side).
- Building height: 9 m, 2 levels max.
- Site coverage: ≤ 60 % per allotment.
- Primary street setback: 5 m (DTS/DPF 5.1).
- Side boundary setback: 900 mm from boundary shared with external allotment (DTS/DPF 7.2 — "Dwelling walls in a semi-detached, row or terrace arrangement are setback at least 900mm from side boundaries shared with allotments outside the development site").
- Private open space: 24 m² (site < 301 m²) or 60 m² (site ≥ 301 m²) per dwelling.
- Car parking: 1–2 spaces per dwelling.
#### Row Dwelling / Terraced Development
- Zone constraint: GN DTS/DPF 2.1 permits row dwellings; each requires minimum 250 m² and 7 m frontage (averaged across the row).
- Example: 3 row dwellings would require 750 m² total and ≈ 21 m frontage (7 m × 3).
- Building height, site coverage, setback: Same as detached/semi-detached.
- Land division: Required to create separate allotments or strata lots.
#### Group Dwelling (3+ Dwellings on a Single Site, No Separate Allotments)
- Zone constraint: GN DTS/DPF 2.1 permits group dwellings; minimum 300 m² average site area per dwelling, 15 m total frontage.
- Example: 3 dwellings = 900 m² minimum site area, 15 m frontage minimum.
- Building height, setbacks: Same as detached.
- Private open space: Table 1 (24 m² or 60 m² per dwelling, depending on site size).
- Car parking: 1 space per dwelling minimum, typically 2 for family dwellings.
- Common driveway: DTS/DPF 24.2 requires "a single common driveway" (not multiple separate access points).
- Driveway width: 3 m (for ≤ 3 dwellings); 5.5 m (for > 3 dwellings), with passing bays every 30 m.
- Soft landscaping: 10–25 % of site area (depending on size).
#### Residential Flat Building (Apartment Complex)
- Zone constraint: GN DTS/DPF 2.1 permits residential flat buildings; minimum 300 m² average site area per dwelling, 15 m total frontage.
- Building height: 9 m, 2 levels max (GN DTS/DPF 4.1) — this caps residential flat buildings at 2 storeys in the General Neighbourhood Zone. This significantly limits apartment density.
- Example: A 2-level, 900 m² site could accommodate up to 3 apartments (300 m² average per apartment) but would be tightly constrained by setback, coverage, and parking requirements.
- Private open space: Communal open space per Table 2; minimum 50 m² + 4 m² per dwelling above 5 dwellings (up to 250 m²).
- Car parking: 1 space per apartment + 0.33 visitor spaces per apartment.
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Most Likely Scenario: Single Detached Dwelling
The site's most straightforward development is a single detached dwelling with the following characteristics:
| Element | DTS Requirement | Typical Proposal |
|---|---|---|
| Building height | ≤ 9 m, ≤ 2 levels | 2-level, 8.5 m home |
| Site coverage | ≤ 60 % | ≈ 45–50 % (dwelling + garage) |
| Primary street setback | 5 m (no neighbours) | 5 m minimum or per neighbours |
| Side setback (ground floor) | 900 mm | 1.5–2 m (to allow light/ventilation) |
| Rear setback (ground floor) | 3–4 m | 4–5 m (to accommodate POS) |
| Private open space | 24 m² (site < 301 m²) or 60 m² (site ≥ 301 m²) | 60 m² usable area, min 16 m² accessible from living room |
| Car parking | 1–2 spaces | 2 spaces (1 garage, 1 uncovered or driveway) |
| Ancillary (garage/carport) | 60 m² floor area, 5.5 m street setback, ≤ 7 m door width | Single garage, 3 m wide, 6.5 m setback from street |
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Pathway analysis
Code Assessed — Deemed-to-Satisfy (Most Likely)
Scenario: New single detached dwelling, satisfying all DTS/DPF criteria in the General Neighbourhood Zone and overlays.| Aspect | Detail |
|---|---|
| Pathway | Code Assessed — Deemed-to-Satisfy (s 102 PDI Act) |
| Relevant Authority | Council delegate (planning officer). No escalation to Council Assessment Panel if DTS is satisfied. |
| Public notification | Not required. Deemed-to-Satisfy applications are not notified. |
| Prescribed-body referrals | Unlikely, unless: (1) Significant Tree overlay: if regulated trees are on-site, council may refer to an arborist. (2) Prescribed Wells Area: if on-site water/wastewater proposed, SA Water referral. (3) Airport heights: unlikely to trigger DIT referral if the dwelling is ≤ 15 m. |
| Timeline | 20 business days (s 109 PDI Act), unless a prescribed-body referral is pending (30 days post-response). |
| Consent type | Planning Consent (s 102). No Building Consent or Land Division Consent required for a single dwelling on an existing allotment. |
| Specialist reports required | (1) Arborist report (if Significant Tree overlay triggers; assess tree locations, root protection zones, impact mitigation). (2) Building services engineer report (wastewater, water supply, stormwater) if on-site systems proposed. (3) Site survey (confirm site area, frontage, existing setbacks to neighbours). |
| Conditions | Standard residential conditions (stormwater management, tree protection, waste storage, ancillary building compliance). No reserved matters. |
| Appeal | If council refuses DTS-compliant application, the refusal is appealable to the Environment Resources and Development (ERD) Court (s 115 PDI Act, 14-day window). |
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Code Assessed — Performance Assessed
Scenario: Dwelling departing from one or more DTS/DPF criteria (e.g., site coverage 65 %, exceeding 9 m height, insufficient side setback due to site constraints, or proposed tree removal under the Significant Tree overlay).| Aspect | Detail |
|---|---|
| Pathway | Code Assessed — Performance Assessed (s 102 PDI Act). Merit-based assessment against Performance Outcomes. |
| Relevant Authority | Council delegate (if uncontested); Council Assessment Panel (if public representations received and the matter is contentious). |
| Public notification | Required. Notified neighbours (typically 50 m radius or all visible neighbours). Notification period: 10 business days. Any representor may request to be heard before the assessment panel. |
| Seriously at Variance finding | Mandatory. The assessor must declare whether the proposal is "seriously at variance" with the Code's Desired Outcomes and Performance Outcomes (s 107(2)(c) PDI Act). High threshold — merely failing a DTS criterion does not trigger seriously at variance (that test applies only to exceptional cases of material divergence from zone intent). |
| Relevant POs | Depends on the departure. Examples: PO 3.1 (site coverage), PO 4.1 (building height), PO 8.1 (side setback), PO 11.1 (ancillary building design), PO 1.1 / 1.2 (tree retention under Significant Tree overlay). |
| Prescribed-body referrals | More likely. (1) Significant Tree: If tree removal is proposed, council refers to DEW/arborist for advice on cultural/environmental significance. (2) Prescribed Wells Area: SA Water referral if on-site water/wastewater. (3) CFS referral: unlikely for Fulham Gardens (no bushfire hazard overlay). (4) DIT referral: unlikely unless site has direct access to a state-controlled road. |
| Timeline | 10 business days notification + 20 business days assessment = 5–6 weeks. Prescribed-body responses may extend this. |
| Conditions | Same as DTS pathway. Performance-assessed applications can be approved with conditions tailored to address PO non-compliance (e.g., tree protection conditions, increased landscaping to mitigate visual bulk if height exceeds 9 m). |
| Appeal | If refused, the applicant may appeal to ERD Court (14 days). If approved on contested grounds, a representor may appeal. |
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Impact Assessed — Restricted Development
Scenario: Development classified as Restricted (rare for residential in General Neighbourhood Zone).The General Neighbourhood Zone's Table 4 (Restricted Development) is not reproduced in the Code text above, but based on standard practice, Restricted pathways in residential zones typically apply only to:
- Major subdivision (e.g., > 10 new allotments without a Concept Plan);
- Mixed-use or non-residential development incompatible with the zone intent;
- Development on land subject to specific heritage or environmental constraints (e.g., demolition of a State Heritage Place).
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Prescribed-Body Referrals and Agency Engagement
#### Department for Infrastructure and Transport (DIT)
Trigger: Site has direct access to a state-controlled road (primarily the South Eastern Freeway corridor in Fulham Gardens context, though Fulham Gardens is typically accessed via local roads). Referral required under s 122 PDI Act? Unlikely, unless the site abuts an arterial road. Confirm by checking SA Geocoded Road Register or council.#### Department for Environment and Water (DEW) / Arborist Review
Trigger: Regulated and Significant Tree Overlay is present. Likely requirement: An independent arborist assessment of any trees on the Significant Tree Register or meeting DBH thresholds (to be established by survey). If tree removal is proposed, DEW will provide advice to council on whether removal can be justified against PO 1.3 or PO 1.4 (tree retention where culturally/environmentally significant). Timeline: Arborist report typically 2–3 weeks after site inspection.#### SA Water
Trigger: Prescribed Wells Area Overlay + on-site water extraction or wastewater disposal (septic system). Likely requirement: If the site is not connected to town water/sewer, SA Water referral is mandatory under s 122 PDI Act. Referral includes assessment of bore licence availability (Department for Environment and Water administers the Prescribed Wells Area Register) and on-site wastewater system compliance with AS/NZS 1547. Timeline: SA Water response typically 2–3 weeks.#### Country Fire Service (CFS)
Not triggered — Fulham Gardens is not in a Bushfire Hazard Overlay (based on property record; no bushfire overlay listed).#### Native Vegetation Council
Not triggered — No Native Vegetation Overlay listed; the Regulated and Significant Tree Overlay relates to urban tree protection, not native vegetation clearance. However, if the site has native vegetation (identified by site survey), any clearance would require separate authorisation under the Native VegetationSources & 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.
- Adelaide Airport Curfew Act 2000 — Adelaide Airport Curfew Act 2000 (Cth) — Airport Building Heights (Regulated) and adjacent overlays trigger Commonwealth airport referrals (Aviation Reference Point obstacle limitation surfaces).
- 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.