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Residential Land Division

The land division process involves numerous agencies; however, this guide focuses on the obligations and requirements of the City of Port Lincoln.

Information in this guide should not be used as a substitute for seeking independent professional advice or advice from Council planning staff. You may also wish to consult with a professional land surveyor who will be familiar with the entire land division process. Land surveyors can be found in the Yellow Pages.

Section 4 of the Development Act 1993 defines the division of an allotment in the following terms:

  • The division, subdivision or re-subdivision of the allotment, including by community plan under the Community Titles Act 1996 and by strata plan under the Strata Titles Act 1988
  • The alteration of the boundaries of an allotment (i.e. boundary realignment and an amalgamation of allotments)
  • The conferral or exercise of an existing right to occupy part of an allotment under lease or licence, or an agreement for a lease or licence, or where there is an agreement for a lease or licence for a term which exceeds six years, or where there is a right of renewal or extension beyond six years
  • The grant or acceptance of a lease or licence, or the making of an agreement for a lease or licence, of a class prescribed by the Development Regulations 2008.

When considering the division of land, a licensed surveyor can help determine the most appropriate type of land division for a proposed development. The possible options are as follows:

  • Torrens Title which is the South Australian system of land certification (conventional land division)
  • Community Title which is a title created by the division of land to create lots and common property (i.e. driveways and services). There are two types of community title:
    • Community Scheme where lot boundaries are determined by surveyed land measurements and are unlimited in height and depth (unless otherwise specified)
    • Community Strata where lot boundaries must be defined by reference to parts of a building
  • Strata Title means a title created by the division of a structure into separate units and common property, each of which has a title. A strata corporation comprising registered owners of units is responsible for administering care for the building including entrance, stairways and paths.

Prior to lodging a land division application, it is recommended that preliminary advice be sought from Council’s Development Services department.

In the absence of a formal application with detailed plans, council staff will only provide ‘over the counter’ preliminary advice on your application. This advice will be limited to identifying the more obvious land division issues with your application. It should be regarded as a guide only and does not guarantee a favourable planning decision to the formal application once lodged.

To maximise the benefit of a pre-lodgement meeting it is strongly recommended that you provide the information listed on Development Information Checklists. All meetings must be pre-booked with Council's Coordinator Development Services.

Land division applications are lodged with the Planning Services Branch at the State Commission Assessment Panel (SCAP). The Electronic Development Application Lodgement and Assessment System (EDALA) manages business processes on behalf of the development industry (surveying agents, councils, stage agencies) for land division development applications.

EDALA provides a secure online system which handles the following processes:

  • Lodgement (24/7) and payment of fees by surveying agents
  • Referral to and reporting by state agencies
  • Council and State Commission Assessment Panel (SCAP) decisions
  • Lodgement of final plans
  • Final SCAP certificates of approval, and Lands Titles Office verification
  • Application monitoring and progress reporting.

Normally, Council will receive a copy of the application and plans within two weeks of lodgement of the application with the SCAP.

Land division applications are subject to a number of assessments performed by a variety of different agencies (e.g. SA Water, Department of Planning, Transport and Infrastructure). The requirements of all other agencies are uploaded to EDALA for consideration and sometimes they may even be included in the conditions of development approval.

Land division application fees are paid to the SCAP at the time of lodgement. As these fees change regularly, please contact the Planning Services Branch on 8303 0601 to obtain the most recent schedule of fees applicable to your application.

Please note that there are other costs associated with dividing land and specialist advice should be sought from a land surveyor or conveyancer to obtain a full picture of fees you may incur.

As mentioned above you must lodge your application with the SCAP. The Development Regulations set out extensive and very specific requirements for drafting land divisions plans. Please see Development applications - Subdividing land on the www.sa.gov.au website for further information.

The City of Port Lincoln has developed a standard checklist (see Appendix 1: Assessment Criteria) to assist developers in making a preliminary assessment on whether land may or may not be suitable for division.

The checklist and information provided is a guide only and should only be used for minor residential land divisions, including those which exclude the creation of public or private roadways. You should only use it to identify the more common issues relating to land division. The text that follows the checklist provides more detailed information on various planning matters relating to a land division application.

In order to prevent harm to human health or the environment, the division of land should not occur on land that is:

  • Contaminated
  • Associated with contaminated surface water, sediments or groundwater
  • Land that has previously been used for a potentially contaminating activity, unless it can be verified that the land’s condition is suitable for the intended use.

Where it is suspected that land to be divided may be contaminated, a Site Audit Report prepared by an Environmental Auditor will be required to confirm that the land is suitable for its intended use.

The size, shape and dimensions of each allotment should be such that they are suitable to accommodate the intended use. This means that the size, shape and width of an allotment must be capable of accommodating a dwelling that can satisfy all of Council’s requirements for the construction of a new dwelling. The minimum site areas listed below should be used as a guide when designing a land division.  It is highly advisable to consult the Port Lincoln Council Development Plan to confirm this information.  Please note that land division is non complying within Precinct 6 Unsewered Area.

 

Precinct 1 Happy Valley

Precinct 2 Lincoln Central

Precinct 3 Kirton Point

Precinct 4 Southern

Precinct 5 Lincoln Cove

Precinct 7 Residential 1

Detached Dwelling

600-900m2

(Depending on slope)

450m2 minimum

450m2 minimum

450m2 minimum

300m2 min (single storey)

275m2 min (two storey)

450m2 minimum

Semi-detached dwelling

300m2 minimum

300m2 minimum

300m2 minimum

300m2 minimum

300m2 min (single storey)

275m2 min (two storey)

300m2 minimum

Row dwelling single storey

250m2 minimum

250m2 minimum

250m2 minimum

250m2 minimum

300m2 minimum

250m2 minimum

Row dwelling two storey

210m2 minimum

210m2 minimum

210m2 minimum

210m2 minimum

275m2 minimum

210m2 minimum

Group dwelling single storey

300m2 minimum

300m2 minimum

300m2 minimum

300m2 minimum

300m2 minimum

300m2 minimum

Group dwelling two storey

250m2 minimum

250m2 minimum

250m2 minimum

250m2 minimum

275m2 minimum

250m2 minimum

Residential flat building - single storey

300m2  
average

300m2 average

300m2 average

300m2 average

300m2 average

300m2 average

Residential flat building - two storey

250m2
average

250m2 average

250m2 average

250m2 average

275m2 average

250m2 average

Aged persons accommodation

300m2 minimum

300m2 minimum

300m2 minimum

300m2 minimum

 

300m2 minimum

*Except where located in the area depicted in Concept Plan Map PtL/6 - Happy Valley Environs

Residential Hills Zone

 

Precinct 9 Walter

Precinct 10 Northern

Detached Dwelling

700-950 m2

(Depending on Slope of site)

700-950 m2

(Depending on Slope of site)

Semi-detached dwelling

Non-complying

See Development Plan

For definitions of the above please see Schedule 1 of the Development Regulations 2008.

Where a battleaxe allotment is proposed, the site area allowed (excluding the handle) should meet the minimum allotment sizes as prescribed in the Council’s Development Plan.Dwellings should only be developed on sites with a battleaxe configuration or similar where:

a) their creation is compatible with the prevailing pattern of development or the desired character in the relevant zone, policy area or precinct

b) the building is single storey and the maximum building height does not exceed 4.5 metres above natural ground level

c) the site provides a minimum of 400 square metres (excluding the driveway handle)

d) the minimum driveway width is not less than 3 metres with a maximum length of 30 metres

e) there is a minimum 1 metre wide landscaping strip adjacent the entire length of the driveway

f) vehicles are able to enter and exit the site in a forward direction in accordance with the relevant Australian Standards and Austroad Guides.

Each allotment resulting from the land division should have safe and convenient access to a public road or thoroughfare.

You will need to consider the impact of any new access points or service runs on the health of nearby street trees. On occasions, and at the applicant’s expense, Council may support the removal of a street tree to accommodate new access point(s), however, allotments may need to be designed to ensure the protection of the street tree.

Stormwater runoff should be capable of being drained safely and efficiently from the land division as a whole and from each proposed allotment. Where land slopes away from the road, and no drainage infrastructure is available at the rear of allotment, the applicant should first explore the option of obtaining a stormwater drainage easement through adjoining land. For larger residential land divisions, stormwater collection or detention schemes may need to be incorporated into the design of the land division to minimise soil erosion and control stormwater discharge from the area being divided.

Proposed new allotments will need to consider appropriate setbacks form any identified watercourses and you will need to obtain a hydrology study to ascertain the extent of the 1 in 100 year Annual Recurrence Interval (ARI) to ensure flooding does not occur.

Additional allotments should only be created where they are able to be connected to mains sewer.

For more information on sewer connections please contact SA Water. Please note that a proposal which satisfies all of the criteria contained within the checklist does not guarantee a favourable outcome for your application. Similarly, if a proposal does not satisfy all of the criteria, this does not necessarily mean that the land is unsuitable for division.

Council’s Development Plan requirements are in addition to the conditions of land division outlined within Section 33(1)(c) (Torrens Title) or Section 33(1)(d) (Strata or Community Title) of the Development Act,1993. These requirements will also need to be met.