What is land division?
A land division or sub-division is where an allotment is divided to create two or more new allotments or to adjust a boundary between existing adjoining allotments.
Land divisions are submitted to the State Commission Assessment Panel via EDALA and forwarded to Council for assessment and approval of Development Plan Consent. The State Commission Assessment Panel also forwards the application to other Government agencies, such as SA Water, SA Power and Transport SA for comment which will form part of the conditions of consent. It is advisable to contact a Certified Surveyor to lodge an application on your behalf.
Assessment by Council
The application is assessed against the Whyalla City Council's Development Plan, for Council to be able to support any form of development, it must address the objectives and principles of the Development Plan.
Allotment size is not stipulated in the Plan, unless a 'battle-axe' division is proposed, whereby the access to the primary road is via a driveway which runs along the house of the forward allotment to allow access to the rear property. A minimum site of 400 square metres is required for battle-axe allotments, excluding the 'handle' (driveway).
Setbacks should be in-line with existing dwellings in the locality, otherwise, if there are no other dwellings facing the same street, a setback sufficient to provide for off-street parking for two vehicles, one undercover. Structures should be 900mm from the boundary or on the boundary. In some cases development on the boundary will be subject to Category 2 notification where owner/occupiers in the vicinity will be notified and allowed to make representation. The allotment size should also allow room for outbuildings, clothes line, garden and service provisions.
If the property in question is a corner allotment, a battle-axe option is not necessary as the rear allotment could fact the secondary street (which would become the primary street for the second allotment). If the proposal retains the original dwelling and the rear is divided off and built on, enough site metreage must be maintained to ensure the existing property will be able to meet the requirements of the Development Plan as well (ie, positioning and off-street parking etc.).
More information on subdividing and the complete Development Plan can be found on the State Government website.
The State Planning system is currently in the process of significant planning reforms. As of September 2020 all Metropolitan and Regional Council’s will be transferred to the Planning and Design Code under the Planning, Development and Infrastructure Act 2016. The Planning and Design Code will replace all current Development Plans. Therefore, some areas may see shifts in the principles governing development in their area. Should an application for development of a land division be made after September 2020, it will be subject to the transitional provisions of the Planning, Development and Infrastructure Act 2016.
Further details in relation to the Planning Reforms can be found at https://www.saplanningportal.sa.gov.au/planning_reforms