The division or amalgamation of land by Land Division or Community Title requires Council approval under the Planning, Development and Infrastructure Act 2016.
How is an Application made?
An Application must be submitted to the SA Planning Portal.
It is recommended that you contact the planning staff at the City of Salisbury before commencing a land division or community title process in order to identify any specific issues applicable and whether the division is appropriate within the relevant Zone.
All land division applications are generally lodged electronically and there are specific requirements for the development application. The following information must be submitted to the State Commission Assessment Panel:
- Completed application form;
- Payment of application fees;
- Supporting information including a copy of the current Certificate(s) of Title; and
- Plan of the division.
The plan of division must be drawn to a reasonable drafting standard. The service of a licensed surveyor is generally required for the drafting of plans and preparation of the application.
A scheme description must be prepared and submitted at the time of lodgement if more than six community title allotments are proposed.
Refer to the State Commission Assessment Panel website for more information.
Assessment of the Application
Once the land division is received by the State Commission Assessment Panel, the Application will be forwarded for comment to various authorities that provide relevant utilities and services, such as SA Water, Electranet and SA Power Networks. These authorities will usually advise the Commission of their specific requirements and conditions to be met by the Applicant.
The Application will also be forwarded to the Council, who as the relevant planning authority, is responsible for assessing the Application against the Planning and Design Code. The assessment will take into account the suitability of the allotments for their intended purpose, their site area, access arrangements, drainage, gradient, whether any significant or regulated trees are affected, open space requirements etc.
Three steps that must be followed and satisfied before creation of the new allotments can be achieved:
- The Development Approval, comprising a Planning Consent and Land Division Consent must be obtained under the Planning, Development and Infrastructure Act 2016. A Statement of Council and Development Assessment Commission Requirements pertaining to any physical works, easements etc. (including conditions requested by relevant authorities consulted during the Application stage) will form part of the Land Division Consent.
- Once all requirements under the Land Division Consent are met, the Council gives its clearance.
- Once Council has given its clearance and all land division requirements of the State Commission Assessment Panel are met, the Commission will issue a Certificate of Approval. The Certificate of Approval, together with the final Deposited Plan, must be lodged with the Land Services Group (Lands Titles Office) who will then issue new Certificates of Title according to the Deposited Plan.
Processing time required
The process for land division, from the time you commence your initial enquiry through to the time that the new Titles are created by the Lands Titles Office, from start to finish can take between 6-12 months. Of that period, the time upon which Council may take to process your Application may take around 3-4 months.
From the date of lodgement, the Commission must provide Council with responses from relevant authorities within 8 weeks. Council will generally process your Application within 8 weeks of receiving the report from the Development Assessment Commission. Additional time may be required depending on the scale and complexity of the proposed division.
Please note the information contained herein is of a general nature only and is prepared for preliminary guidance only. Further clarification of these matters can be obtained from the Development Services on 8406 8222 or email email@example.com. You may also wish to view the State Commission Assessment Panel website for more information.