SA Planning Report — the subject site

Property at a glance

This property is located in Adelaide's Central Business District, zoned Capital City Zone (CC), with a Heritage Adjacency Overlay. The Capital City Zone anticipates high-intensity mixed-use development (residential, retail, offices, cultural and entertainment facilities). The Heritage Adjacency Overlay constrains development siting and massing adjacent to heritage-listed buildings. Development on this site will be assessed against the CC Zone's Desired Outcomes and Performance Outcomes, read together with the Heritage Adjacency Overlay and the General Development Policies in Part 4 of the Code.

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Planning controls applying

Capital City Zone (CC) — Zoning framework

The Capital City Zone anticipates:

• Permitted uses (DTS/DPF 1.1): Child care facility; Community facility; Consulting room; Dwelling; Educational facility; Office; Residential flat building; Retirement village; Supported accommodation; Tourist accommodation.
• Changes of use (DTS/DPF 1.2): Permitted to a Shop, Office, Consulting room or combination, provided the site is in an existing building previously used for those purposes.
• Advertisement (DTS/DPF 1.1 under the zone, read together with Part 4 Advertisements): Permitted, subject to restraint in design, size and illumination (see below).

• Maximum building height is specified by the Maximum Building Height (Metres) Technical and Numeric Variation layer in the SA planning database. No TNV height is listed in the property record; you must verify the applicable height limit by querying the TNV layer in the PlanSA portal using the property's map coordinates. The Code notes that heights are:

• Non-residential uses at ground floor (shops, restaurants) maximise pedestrian activity and street vitality.
• Night-time activation through ground-floor uses that are open during evening hours is encouraged.
• DTS/DPF 2.1 and DTS/DPF 2.3 state: "None are applicable." — These are Performance Outcomes with no Deemed-to-Satisfy criteria; compliance is assessed on merit against the PO.

• Security shutters and grilles on shopfronts must achieve at least 75% permeability to allow visual connection to the street and light spill.

• Buildings must respond contextually to the city's grid layout, reinforce street corners through articulation, modelling and colour, and provide vertical composition reflecting existing proportions.
• Facades must be strongly modelled, with consistent architectural detailing around corners and minor streets.
• Buildings along boulevards must maximise views to the Park Lands and avoid cluttering view corridors to the Adelaide Hills.
• Buildings fronting the city's squares (Victoria, Hindmarsh, Whitmore, Hurtle, Light) must enable direct sunlight to at least 75% of the landscaped part of each square at the September equinox (DTS/DPF 3.8).
• None of these controls have Deemed-to-Satisfy criteria; compliance is assessed on merit.

• Development adjacent to the City Living Zone must manage visual and amenity impacts; parts exceeding the maximum building height must include setbacks, avoid sheer walls, centralise taller elements, and provide articulation (DTS/DPF 5.2).

• Advertisements are to be simple, restrained in size, design and colour, and achieve consistency along street frontages.
• Along Chesser Street, French Street and Coromandel Place, advertisements are not to be located more than 3.7m above natural ground level (DTS/DPF 8.2).
• No mandatory height or size DTS criteria apply elsewhere in the CC Zone for advertisements (DTS/DPF 8.1 states: "None are applicable").

Heritage Adjacency Overlay — Applied controls

• "Development adjacent to a State or Local Heritage Place does not dominate, encroach on or unduly impact on the setting of the Place."
• DTS/DPF 1.1 states: "None are applicable." — This is a Performance Outcome only; compliance is determined on merit by assessing whether the proposal dominates, encroaches on, or unduly impacts the heritage setting.

• Where the site is to be divided, allotments must be of a size and dimension that allows buildings to be set back from boundaries so they do not dominate or encroach on a heritage place's setting.
• DTS/DPF 2.1 states: "None are applicable."

The Heritage Adjacency Overlay does not specify a numerical setback or height reduction; rather, it requires that any development proposal be assessed against PO 1.1 to determine whether it maintains the heritage values of adjacent heritage places. If the site is adjacent to a State or Local Heritage Place (e.g., the Town Hall, the Cathedral), then any proposal exceeding the baseline CC Zone building height, or positioning a tall building immediately adjacent to the heritage place, may be found to dominate or unduly impact the setting. The assessment is fact-specific and merit-based.

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General Development Policies — Part 4

#### Advertisements (Part 4 — Advertisements module)

The Property falls within the scope of the Code's Advertisements provisions in Part 4. These apply state-wide and govern all signage and advertising hoardings regardless of zone.

1. 15% facade coverage rule (DTS/DPF 1.1(b)(i), DTS/DPF 2.3(a)): Where advertisements are flush with a wall and below canopy level, they may cover no more than 15% of the building facade to which they are attached. This is a hard Deemed-to-Satisfy cap — exceed it and the proposal is Performance Assessed. 2. 2.5m pedestrian clearance (DTS/DPF 5.1): Any projecting signage must allow 2.5m minimum clearance from the top of the footpath to the underside of the sign. 3. No illumination — Deemed-to-Satisfy path (DTS/DPF 4.1, DTS/DPF 5.2): If the sign is not illuminated, it satisfies these criteria. Any illumination (internally or externally lit) requires Performance Assessment against PO 4.1 and PO 5.2. 4. One sign per occupancy (DTS/DPF 2.1, DTS/DPF 2.3(b)): Unless multiple businesses are co-located on a single fixture, or signs are flush with the wall (subject to the 15% rule), only one sign per occupancy is permitted under the Deemed-to-Satisfy pathway. 5. Content restriction (DTS/DPF 3.1): Advertisements must contain information limited to lawful activities on the same site.

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Design in Urban Areas (Part 4 — General Development Policies)

This module applies to all development in urban areas, including the Capital City Zone. Key controls relevant to all proposals on this site:

• External appearance, corners, street frontages (PO 1.1–1.3): Buildings must reinforce corners through articulation and colour; street-facing elevations must be detailed to convey purpose and identify access points.
• Plant and equipment (PO 1.4, DTS/DPF 1.4): Development must not incorporate structures protruding beyond the roofline.
• Car parking appearance (PO 7.1–7.7): Street-facing car parks must incorporate tree planting (one shade tree per 10 spaces) and soft landscaping (minimum 1m strips along road frontages and between parking rows).
• Overlooking / Visual Privacy (PO 10.1–10.2, DTS/DPF 10.1–10.2): Upper-level windows must not cause direct overlooking of adjoining residential uses; screening requirements apply.

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Development capacity

Likely project types and building potential

The Capital City Zone is designed to accommodate intensive mixed-use development. The site's capacity depends on three variables:

1. The site's measured area and dimensions (to be confirmed from title). 2. The applicable building height limit (to be confirmed from the TNV layer in PlanSA). 3. The nature and scale of the proposed use (residential, office, retail, cultural, mixed-use).

#### Dwelling yield typologies — residential focus

The CC Zone permits dwellings (DTS/DPF 1.1) and residential flat buildings (DTS/DPF 1.1). The zone does not specify a minimum site area, frontage, or maximum density for residential development; it anticipates high-intensity use.

• Residential flat building (apartment tower): The dominant typology in the CC Zone. A six-storey to multi-storey apartment building is typical. Yield depends on floor-to-ceiling height (minimum 3.5m for ground floor, DTS/DPF 4.3), net rentable area per unit, and the building height cap (TNV-dependent).
• Mixed-use (office/retail ground floor + residential above): Typical for CC Zone corner or prominent sites. Ground floor office or retail (max. ~30–50% of site footprint for active street frontage); upper levels residential.
• Dwelling (single dwelling): Less common in the CC Zone due to its high-intensity intent, but not prohibited. Would require strong justification under PO 1.1 (vibrant mix) unless it supports a commercial or cultural use.

#### Assessment pathway — residential or mixed-use development

• Residential flat building with office/retail ground floor: Code Assessed — Performance Assessed (because the zone has no Deemed-to-Satisfy pathways for built-form parameters such as height, setback, site coverage, density, or overlooking; compliance is determined by merit against PO 1.1, PO 2.1–2.4, PO 3.1–3.13, PO 4.1–5.2, and Design in Urban Areas POs).
• Single dwelling or small residential building (1–2 storeys): Code Assessed — Performance Assessed (same reasoning; also likely to conflict with PO 1.1 which contemplates a "vibrant mix" and high-intensity use).

If the intent is to add or replace signage on an existing building (e.g., a new retail or office tenant):

• Non-illuminated, fascia-mounted signage ≤15% facade coverage, one per occupancy, non-projecting: Deemed-to-Satisfy pathway under DTS/DPF 1.1(b), DTS/DPF 2.1, DTS/DPF 2.3, DTS/DPF 3.1, DTS/DPF 4.1, DTS/DPF 5.1–5.6. No consent required if all DTS/DPF criteria are met.
• Illuminated signage, projecting signage, or multiple signs: Code Assessed — Performance Assessed against Advertisements PO 1.1–1.5, PO 4.1–4.2, and applicable POs in the CC Zone's Advertisement section (PO 8.1–8.2).

Pathway analysis

Assessment pathways under the Planning, Development and Infrastructure Act 2016

The site's development potential is assessed along four statutory pathways:

#### Pathway 1: Accepted Development (rare for this site)

No Accepted development is listed in the CC Zone for substantive proposals. Signage-only applications (as above) may not require consent if they satisfy all Deemed-to-Satisfy criteria.

#### Pathway 2: Code Assessed — Deemed-to-Satisfy (limited application)

• Consent required: Planning Consent under s 102 PDI Act (non-delegated matter under the Council's Assessment Policies, so a Verification Outcome is issued without a formal decision).
• Relevant Authority: City of Adelaide Council (verification issued by the Development Assessment team).
• Notification: No public notification.
• Referrals: No prescribed-body referrals unless the sign is located within a building that is heritage-listed (Heritage SA referral would apply — see Pathway 3, below).
• Timeframe: ~5–10 business days for verification.
• Reports required: None (assuming existing building; architect's drawing showing sign location, dimensions, colours, materials).

• Consent required: Planning Consent under s 102 PDI Act.
• Relevant Authority: City of Adelaide Council Assessment Panel (notified matter) or delegated to a Senior Planner if no representations are received.
• Assessment against:

• Notification: Likely, unless the application is clearly low-impact and does not trigger the "seriously at variance" threshold (s 107(2)(c) PDI Act).
• Prescribed-body referrals:

• Timeframe:

• Reports required:

• Consent required: Planning Consent under s 102 PDI Act.
• Relevant Authority: City of Adelaide Council or CAP (delegated if uncontested; CAP if notified).
• Assessment against: Advertisements PO 1.1 (integration with building), PO 4.1 (light spill does not unreasonably compromise amenity), PO 5.2 (no excessive illumination to distract drivers), PO 5.6 (near signalised intersections, no moving/flashing displays), PO 2.1–2.2 (proliferation avoided, visual clutter minimised); and CC Zone PO 8.1 (simplicity, restraint, consistency).
• Notification: Likely, unless the sign is demonstrably minor and does not trigger representations.
• Prescribed-body referrals: Heritage SA (if on a heritage building or in its setting); DIT (if sited near a busy intersection and illumination may distract traffic).
• Timeframe: 30–60 business days (if delegated); 60–90+ days (if notified and goes to CAP).
• Reports required:

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Seriously at Variance Test — s 107(2)(c) PDI Act

Every Performance Assessed proposal must be assessed against the "seriously at variance" threshold. For most proposals on this site:

• The CC Zone's DO 1 and DO 2 explicitly contemplate high-intensity mixed-use development, vibrant public realm activation, and design quality.
• A residential flat building with active ground-floor retail aligns with this vision.
• The Heritage Adjacency Overlay's DO 1 (maintain heritage values) is not "seriously" breached by a well-designed building that contextually responds to adjacent heritage settings.

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Likely agency referrals and timing

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Recommended next steps

1. Confirm the site-specific building height limit (TNV)

2. Commission a heritage constraints assessment

• Identify any State or Local Heritage Places within 50m of the subject site.
• Assess the site's visibility and relationship to these places.
• Advise on massing, setback, and design parameters that would satisfy Heritage Adjacency Overlay PO 1.1 (does not dominate or encroach on heritage setting).

3. Prepare a pre-lodgement consultation brief

• The proposal (residential/office/retail mix; gross floor area; dwelling yield; ground-floor activation plan; car parking provision; loading/servicing strategy).
• The Code assessment (which POs apply; draft findings on compliance with CC Zone DO 1–2, PO 1.1, PO 2.1–2.4, PO 3.1–3.13, Heritage Adjacency Overlay PO 1.1, Design in Urban Areas POs).
• Likely referrals (Heritage SA, DIT, City of Adelaide internal teams).
• Notification risk (is the proposal likely to be notified; will representations arise?).

• Whether the proposal aligns with the Planning and Design Code.
• What heritage or contextual design constraints apply.
• What specialist reports will be required.

4. Initiate specialist reports if substantive building development is proposed

• Architect's design report addressing Design in Urban Areas PO 1.1–1.5, 7.1–7.7, 10.1–10.2; CC Zone PO 3.1–3.13 (contextual response, street activation, height justification).
• Heritage impact statement (if adjacent to heritage place): detailed visual analysis, massing comparison, articulation strategy, material compatibility.
• Traffic engineer's report: parking demand, access/egress, intersection sightlines, pedestrian safety (especially if ground-floor retail).
• Stormwater management plan (if required by TNV or Stormwater Management Overlay).
• Arborist's report (if any significant trees on site or within 5m — check City of Adelaide Significant Tree Register).

• Architect's drawing showing signage location, dimensions (height, width, depth), illumination spec (if lit), materials, and installation details.
• Heritage report (if on a heritage building): confirm reversibility and compatibility.

5. Understand the key Code provisions

1. Capital City Zone (Part 2): - Desired Outcomes DO 1–2. - Performance Outcomes PO 1.1–2.4 (Land Use, Activation), PO 3.1–3.13 (Built Form and Character), PO 4.1–4.3 (Building Height), PO 5.1–5.2 (Interface), PO 8.1–8.2 (Advertisements). - Note that most POs have "None are applicable" for DTS/DPF — compliance is by merit.

2. Heritage Adjacency Overlay (Part 3): - Desired Outcome DO 1. - Performance Outcome PO 1.1

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.