Information about my property

The only way to understand the location of the boundaries of your property is to:

• check your Certificate of Title to confirm the correct dimensions and angels of boundaries.
• engage a licenced surveyor to plot the actual geographical location of your boundary relative to certified survey points.

Council strongly discourages you in relying on your fence as being the location of your boundary as often they are not correctly positioned.

While Council approves development on the boundary, it is assumed that this is correctly identified, and it is the responsibility of the designer, landowner and builder, to correctly identify dimensions and locations in constructing any structure on the boundary.

Disputes between neighbours are civil matters which may require residents to seek independent legal advice. Council has no jurisdiction, nor expertise in resolving such disputes.

If you are unsure of the exact position of the property boundaries, contact a surveyor. Surveyors can determine the exact boundary location for a fee.

Typical private property fencing

The laws regarding fences are covered by the Fences Act, 1975, established by the State Government.

Information in relation to the laws and procedures regarding fencing is available to the community. Council has copies of the free booklet Fences and the Law produced by the Legal Services Commission of South Australia.

This booklet answers frequently asked questions about dividing fences and explains the legal procedure to be followed when someone wants to erect, replace or repair a boundary fence. In addition, it also contains blank notice forms and referrals to mediation services and community legal services which may be able to assist you further.

Copies are available from Council, or you may wish to download the Fences and the Law Booklet from the Legal Services Commission's website current publications page.

Note that Council has no role in relation to disputes about fences between neighbours, unless the fence is a form of development under the Planning, Development and Infrastructure Act 2016 (and that role is only limited to ensuring the fence is constructed in accordance with the approval).

If you are in dispute with your neighbour about fencing, you are encouraged to engage the services of a mediator to help resolve the dispute without the need to bring the matter to Court. You can find a Panel of mediators here.

Private property fencing that needs approval from Council

Some forms of fencing are defined as development and need a development approval from Council before they can be constructed. This applies to the following types of fencing:

• a fence where the height is greater than 2.1 metres when measured from the lowest of the 2 ground levels on each side
• a fence that is masonry and of a height greater than 1 metre above ground level (this includes columns or pillars)
• a fence that exceeds 1m height within 6 metres of the corner of properties facing two streets
• a fence within a Coastal Areas Overlay or Hazards (Flooding) Overlay within the Planning and Design Code
• a fence on the site of a State Heritage Place
• a brush fence when positioned within 3 metres of a dwelling

If you are unsure as to whether your proposed fence will trigger then need for an approval , you are encouraged to make contact with Council’s Duty Planner to discuss what you are proposing.

Fencing abutting reserves and walkways

Where fencing is abutting a reserve less than one hectare in area, Council will pay half the cost of a fence type which is standard for the local area. Where a reserve is in excess of 1 hectare, then Council will not contribute to the cost of the fencing. Contact Council's Coordinator of Open Spaces to verify the size of any Council reserve.

Council will require a request in writing, accompanied by a minimum of two fencing quotes. This correspondence should be addressed to:

Coordinator Open Spaces
Phone: 8375 6600
Fax: 8375 6699
Email: council@marion.sa.gov.au

Post: City of Marion, PO Box 21, Park Holme SA 5043

Please include a daytime telephone contact number, if possible.

The coordinator will consider the request and contact the resident, either by telephone, email or letter.

Pool and Spa Fencing

Any new swimming pool or spa pool capable of being filled to a height 300mm of water or more requires development approval from Council and will require a pool fence. Existing swimming pools and spas must also be fenced in accordance with the requirements that were in force at the time they were approved.

Some inflatable or portable swimming pools may also require approval from Council and will require a swimming pool safety fence. See the Pools and Spas section or contact Council for information before you purchase or install one of these pools.

If you are placing your property up for sale and it contains a swimming pool, you will need to ensure that your swimming safety barriers are adequate prior to settlement of the property. This may require upgrades to your swimming pool safety barrier. The level of upgrades required depend on when your pool was approved.

For example, swimming pools approved prior to 1 July 1993 must be upgraded to meet current fencing standards. Other pools may only need to meet the standards that were in force when they were approved. To find out when your swimming pool was approved, please contact Council.

Please refer to the Legal Services Commission swimming pool fences and safety page for details on swimming pool safety fencing requirements, and/or download the Is your swimming pool kid safe brochure on the South Australian Government website.

Brush Fencing

Brush fencing installed within 3 metres from an existing or proposed dwelling requires Council approval. Measures may be required to prevent fire transferring from the fence to the dwelling if such an unfortunate event were to occur.

Council approval is not required for any brush fencing or gate consisting of Broombrush (i.e. Melaleuca unicnata) or where installed at least 3 metres from an existing or proposed dwelling.

The repairing of an existing brush fence or gate that does not enlarge the brush fence or gate does not require Council approval. However, if the repair work includes enlarging or altering the fence in any way within 3 metres of a dwelling it then requires Council approval.

Fishponds

There is no requirement to fence a fishpond, however it is recommended that you place solid mesh or similar type of material either on the surface of the pond, or to a depth of 300mm from the water level of the pond.

Retaining walls are important in providing structural soundness to properties where there is a change in ground levels between sites or within a site. Retaining walls are not part of fences, but are structures in their own right, with fencing located on them.

Where a retaining wall is proposed, consideration should be made to as to whether it requires a development approval in its own right. This includes:

• any retaining wall which is greater than 1 metre in height when measured from the lower finished ground level and the higher retained finished ground level; or
• any retaining wall and fence which together have a combined height greater than 2.1 metres when measured from the top of the fence and the lower of the finished ground level at the foot of the retaining wall.

If your retaining wall meets one of these criteria, then you will need to lodge a development application for the wall or include it within any application for any associated house, shed or outbuilding that may also be proposed.

The Legal Service Commission has useful information explaining when you need to notify your neighbours for altering the land form through cutting or filling, as well as who is responsible for building the retaining wall and how costs should be split.

As of May 2024, the Planning, Development and Infrastructure Act 2016 has updated the definitions of what constitutes a regulated and significant tree.

What are Regulated Trees and their protections?

A Regulated Tree is defined as a tree with:

• a single trunk with a circumference, when measured 1m above natural ground level of 1 metre or more; or
• multiple trunks with a total circumference of 1 metre or more and an average circumference of 310 millimetres or more – when measured at 1 metre above natural ground level

The policy supporting Regulated Trees encourages their retention within developments if they make an important contribution to the character or amenity of a location, or notable or if they are of biodiversity or habitat value. However, where the retention of a Regulated Tree that does not achieve the above criteria and would compromise a reasonable development of a site, based on the applicable zoning can be supported for removal.

What are Significant Trees and their protections?

A Significant Tree is defined as

• a single trunk with a circumference, when measured 1m above natural ground level of 2 metres or more; or
• multiple trunks with a total circumference of 2 metres or more and an average circumference of 625 millimetres or more – when measured at 1 metre above natural ground level

Unlike a Regulated Tree, where a Significant Tree is important to the character or amenity of a location, is notable, or has important habitat and fauna habitat value, then it needs to be demonstrated that there are no reasonable alternative development options that retain the tree (regardless of impacts on yield or the development potential of a property).

What works require approval?

Any work undertaken to a Regulated Tree or a Significant Tree that is “tree damaging activity” is a form of development and needs approval from Council. Tree damaging Activity includes:

• tree removal
• killing or destruction
• branch or limb lopping
• ringbarking or topping and
• disturbance of the tree root system (through excavation or filling of land around the tree).

If you do intend on carrying out any of the above a development application will need to be submitted to council.

What about maintenance pruning?

You do not need approval for what is considered to be maintenance pruning. As a guide if the pruning you propose:

• requires removal of more than 30% of the tree crown; or
• affects the health and appearance of the tree and involves the removal of branches that are not dead or do not pose a material risk to buildings or areas frequently used by people; or
• where pruning has previously occurred within the last 5-year period for the same tree;

then it is likely that the works you propose are not maintenance pruning and a development application will be required.

To avoid potential prosecution, it is strongly advised that you seek qualified arboricultural advice before undertaking any works deemed maintenance pruning to make sure what is proposed qualifies for this.

What exemptions apply to Regulated and Significant Trees

Some forms of trees are excluded from listing as Regulated or Significant Trees. These include:

• species that are listed as declared weeds under the Landscape South Australia Act, 2019 (Identifying declared weeds in SA - PIRSA) and
• trees that are subject to the Native Vegetation Act (these require approval under that Act for those locations where it applies); and
• trees that are planted as part of woodlots, orchards or other commercial harvesting plantations; and
• a tree located within 3 metres of an existing dwelling or in-ground swimming pool, unless it is an Agonis flexuosa (Willow Myrtle) or any form of Angophora, Corymbia or Eucalyptus species (these species have no exemptions to regulated or significant trees)
• a tree located within 20 metres of a dwelling that is on a property within a designated Medium or High Bushfire Risk Area within a Hazards (Bushfire Protection) Overlay under the Planning and Design Code. You can find the extent of these areas within the SA Property and Planning Atlas (SAPPA)

Urgent Works for Regulated and Significant Trees

Urgent work that is required to make a regulated or significant tree safe can be undertaken, with the landowner required to make a retrospective application following this. Note that this is only applicable where there is an immediate risk or danger caused by the tree and is typically in situations following a significant weather event or partial failure.

What do I need to do once I have approval?

In the case of the removal of regulated and/or significant trees. Once you have Development Approval from Council, you can have the tree removed. However, note that there are conditions attached to any approval, and you can choose from:

Option 1: Planting replacement trees

• Removal of 1 (one) regulated tree requires 2 (two) replacement trees
• Removal of 1 (one) significant tree requires 3 (three) replacement trees

Replacement trees are not to be a species listed in the Minister’s exempt species list and are not to be planted within 3m of an existing dwelling or existing in-ground swimming pool.

Note: fruit trees are not considered adequate replacement trees. To assist in selecting the most appropriate replacement trees, Council has prepared a Fact Sheet to guide land owners with recommended species based on the locations across the council area, and a small, medium or large scale replacement desired.

Option 2: Payment into Urban Tree Fund

Where replacement trees are not viable for the subject site (i.e. not enough space between a residential dwelling and property boundary), a legislative fee of each replacement tree is to be made into the Urban Tree Fund.

As of May 2024, the rates payable per tree are:

Some properties have been created with easements or rights of way over them. To know if one affects your land, you should check your Certificate of Title as they are listed on the Title. Sometimes, your property may have access to an easement or right of way on your neighbour’s property, and this is also shown on the Title.

Easements are typically applied to land in support of infrastructure that is located on the land, such as water, sewer or stormwater pipes or power lines. The Title will indicate the purpose of the Easement, and who the easement is in favour of (typically a utility entity or Council, but sometimes a neighbouring property or properties).

A right of way, is formally known as a free and unrestricted right of way. As the name suggests, it means that the portion of your land covered by the right of way needs to be unrestricted to allow access for another entity at all times. Typically, this is a neighbour or neighbours, but sometimes is also in favour of utilities to gain access to certain forms of infrastructure.

It is important you understand the reason for the easement or right of way on your land and what, if anything, is below ground under the easement. Building any structures over an easement is unlikely to be approved by Council without the consent of the entity the easement in favour of.

Be aware that any alteration of land such as cutting or filling should not occur over an easement unless the permission of the entity it favours has been received. This is because this could either damage the infrastructure in place, or increase difficulty in accessing the infrastructure.

It is also important to understand that any land within an easement remains your land and your responsibility to maintain (even a right of way).

You can find and download your Certificate of Title (for a fee) on the SAILIS website.

'Heritage' encompasses all those aspects of the past and present that we value and want to share with future generations. It includes:

• Things that we have inherited from the past; and
• Aspects of our own lives and generation.

Heritage can focus on places, artefacts, photographs, film, documents, landscapes, or natural features, but it can also be more than tangible objects. Stories, events, cultural and religious practices, values, and ideas can all be important aspects of heritage.

Council's Development & Regulatory Services Division primarily deals with built heritage - that is, buildings, structures, and sites.

Local and State heritage places in the City of Marion

In the City of Marion there are currently 55 places listed in the Planning and Design Code as a Local Heritage Place. There are 14 State Heritage Places listed within the SA Heritage Register that are located within the City of Marion.

You can search the SA Heritage Database to find the range of heritage places in your neighbourhood, including understanding of their significance and which criteria they satisfy for their listing.

Development relating to state and local heritage places

In addition to the normal meaning of the term ‘development’, when related to a State or Local Heritage Place, ‘development’ also includes other criteria such as - the demolition, removal, conversion, alteration or addition to the place, or any other work (including, in the case of a tree, any tree damaging activity) that could materially affect the heritage value of the place. A development application needs to be lodged with Council if development is proposed to be undertaken. You are encouraged to contact Council to understand if any application is required for your proposal.

Local heritage incentive fund

City of Marion has established a Local Heritage Incentive Fund to:

• Help with the costs of maintenance and certain upgrading of heritage buildings;
• Promote the effective conservation of heritage buildings;
• Enhance the viability of such buildings; and
• Enable owners to undertake maintenance and conservation work which may otherwise be a financial burden.

Community groups, organisations, private owners, property managers and tenants of local heritage places in the City of Marion can apply for funding. Each property may be eligible for a maximum of $2,500 per budget year, with not more than 30 percent of the cost of the work being subsidised.

Funding assistance is granted, conditional on issues such as colours chosen, materials used, quality of workmanship, and methods of construction being considered appropriate by Council.

Funding may also be made available for relevant fees applicable to the lodgement of a development application (subject to Council’s discretion)

For further information on the Local Heritage Incentive Fund and how to apply see the below information brochure and application form.

Download the Heritage Information Sheet and Incentive Fund Application Form.

Can I get copies of plans and development documents?

Council regularly gets requests for copies of house plans from owners, designers, or neighbours. However, all plans are protected under the Copyright Act 1968 and the Planning Development and Infrastructure Act and Regulations, which means the Council has limits on what can be viewed or copied.

Council must adhere to the Copyright Act 1968, which protects drawings, plans, engineering reports etc. Permission from the author is required before making copies, and it must be in writing (including emails).

Documents that can generally be viewed by the public:

• Information from Development application forms and Decision Notification Forms are publicly available and can be accessed through the Council’s Development Application Register (for developments lodged before 19 March 2021) or the SA Planning Portal (for developments lodged after 19 March 2021).
• Plan SA online register (applications lodged 19 March onwards) Development application register | PlanSA
• Councils Online Register (applications lodged prior to 19 March 2021) City of Marion Council - Application Tracker
• Plans and details placed on public notification on the SA Planning Portal as part of a public notification process, can be viewed at Notified developments | PlanSA.

Viewing plans & documents for applications lodged prior to 19 March 2021

• If the Council holds physical or digital records, you can view them at the Council’s Administration office free of charge. Contact the Development Administration team to check availability. Note that plans before 1970 are often unavailable. *Note restrictions may apply.
• Some documents are stored off-site, allow up to two weeks for retrieval.
• You cannot copy or photograph plans without the copyright holder's permission. Taking photos of the plans is a breach of the Copyright Act and is strictly enforced.

Viewing plans & documents for applications lodged after 19 March 2021:

• Access to plans is limited unless the application is on public notification. Once full development approval is granted, documents may be viewed.
• Council reserves the right to refuse the viewing or copying of any documents due to copyright, privacy or security reasons.

Getting Copies of Plans for applications lodged prior to 19 March 2021:

• Written consent from the copyright holder is required.
• Written consent from the Property owner is required (ID must be provided/sighted).
• Note: Council may not hold the plans and or details you are requesting (typically not available before 1970).
• Note: Council does not give access to any documents that may jeopardise a building’s security (i.e. internal layout/floor plans etc) pursuant to Regulation 120 of the Planning, Development and Infrastructure (General) Regulations 2017.

Request Process:

1. Complete the Request to view/copy Development Documents Form and email to devadmin@marion.sa.gov.au. Note: if you are not the Property Owner their written consent is required (part C) and ID must be verified.
2. The Development Administration team will contact you to discuss your request and check if the records are available.
3. Pay the non-refundable search fee of $82.00. Payment instructions will be provided over the phone or via email.
4. Council staff will confirm any copyright permissions needed and the timeframe for obtaining the documents. This typically occurs via email.
5. Provide any requested information to devadmin@marion.sa.gov.au.
6. Plans will be sent to you electronically via email. Hard copies are available at $2 per A4 page and $4 per A3 page.

This process is separate from the Freedom of Information (FOI) Act 1991, which has different fees and conditions.

Copies of Plans for applications lodged after 19 March 2021:

• Requests relating to applications made under the Planning, Development and Infrastructure Act should be directed to Plan SA. Plan SA retains the records/documents uploaded to the Plan SA portal.

You’ll need a permit first

The Local Government Act, 1999 requires that a person must not make an alteration to a public road without the authorisation of Council. Driveway access points are an alteration to a public road. Therefore, no works can commence until Council approval is obtained, through a Driveway Access Permit for the following:

• installation of a new Driveway Access
• widening of an existing Driveway Access
• replacement of an existing Driveway Access.

A driveway access is made up of:

• a driveway invert and water table (the flattened back section of the kerb that allows vehicles to cross the kerb - always made of concrete)
  
• a driveway crossover (the section of the driveway between the property boundary and the driveway invert/water table - sometime concrete and sometime a paver that matches the footpath).

All associated works are to be arranged by the applicant and must be completed to Council standards. Works can be completed by a private contractor or Council.

All costs involved with the construction or alteration of a driveway access (including alteration of any Council infrastructure) are at the applicant’s costs.

Note that works associated with the relocation/alteration of Utility Service Pits/Infrastructure (e.g. Telstra, SA Water, NBN, APA) must be arranged by the applicant through the relevant Utility company. There may be separate costs for these works which are payable to the relevant Utility company.

Location and design considerations

The placement of the driveway access needs to take into consideration assets that are already positioned withing the road verge between the kerb and your property. Your driveway access should be located at least 0.5 metres from:

• Stobie poles
• light poles
• side entry pit (drainage pit in the kerb)
• utility pits and equipment

Where a street tree exists, a driveway access should be at least 2 metres from the tree (even if juvenile or recently planted). Note that if the street tree is a Regulated Tree, then an additional distance may be needed to ensure there is no impact on the tree’s structural root zone.

You should also consider traffic control devices within your street, as they may affect your ability to place a driveway access in a particular location. This includes:

• pedestrian crossings
• protuberances and landscaping bays
• indented parking bays
• roundabouts
• median strips

No driveway access will be supported within 6 metres of a corner (measured at the point at which the street kerbing starts to bend for the corner)

All of these matters are part of the assessment of any dwelling, garage, or carport, however, if you address these requirements in scoping your proposal, you will avoid needing to change it and delays to your application.

Download Council’s Driveway Access Design Drawing to understand the design considerations required for your proposed driveway access point.

Permit process

The process for obtaining a Driveway Access Permit is simple. Please complete all necessary information on the online application form and submit to Council.

A private contractor can be engaged to complete the approved works; however, it is the owner's responsibility to ensure the works are completed to Council standards.

Please upload a plan or diagram, indicating the proposed driveway access dimensions and location, including distance to the nearest side boundary, any trees, service pits or poles. Alternatively, please supply a copy of the building site works plan, with proposed driveway dimensions and location clearly marked on it.

The application will be assessed, and you will be informed of the outcome via email within 15 business days.

Conditions

Your permit will be issued with Conditions which will need to be met in the construction of the Driveway Access. The conditions reinforce compliance with the above design and location considerations but also detail how they should be constructed.

You can download the Conditions here.

If you wish to discuss your application, or the conditions, please contact the Infrastructure Audit Unit on IAU@marion.sa.gov.au or 7420 6447.

Since 2006, all new dwellings and additions over 20m² must have a 1000-litre retention tank plumbed into the house. This tank collects rainwater for use within the home, helping to conserve water. Removing this tank would breach the original approval and could lead to penalties.

Since 2000, houses in infill developments north of Seacombe Road also need detention tanks. These tanks manage stormwater runoff by slowly releasing water from the roof into the Council’s stormwater system, preventing flooding. Detention tanks must remain empty when not raining and should not be converted to rainwater tanks, as this would negate their purpose.

If you need to replace or consolidate tanks, you can do so as long as the original retention and detention capacities are maintained. This means you can combine the capacities into a single tank, provided it meets the required standards.

For homes built before 2000, there is no mandated requirement for a rainwater tank. However, the Council encourages installing or keeping a rainwater tank to make the most of rainwater. These tanks can be plumbed back into the house directly to the toilet, or they can be used to irrigate garden spaces. Using rainwater reduces your reliance on potable water, helping to lower water bills and contribute to overall water conservation in the city.

If you have trees on your property, they are assets that add value to your property. Beyond Significant and Regulated Trees, Council also encourages the retention of as many established trees as possible within any development.

Aside from creating an attractive setting for your front or rear yard, the presence of mature trees on your land has the potential to decrease the temperature of your land by 10-25% (under the canopy) and assist in reducing your home’s cooling costs by 10%. They also provide biodiversity value by providing homes, shelter and food sources for birds and other wildlife.

Trees on private land are important to our community because they make up 43% of the total tree canopy in our council area (mainly residential land).

With increases in density from infill development, we are seeing reductions in tree coverage on private land. But this has largely come from an approach which seeks to clear the site of all vegetation, even if it is not needed to accommodate a building or structure.

Given the increased number of hot days expected into the future as a result of climate change impacts, the shade provided by trees is becoming increasingly important in managing the urban heat island effects from hot weather days. The affects of urban heat island not only increase cooling costs for houses, but they also make our streets and backyards less comfortable to be in (including at evenings), and ultimately place those most vulnerable people in our community at greater risk of health implications.

Some alarming statistics include:

• only 12.5% of residential land is covered by tree canopy
• In total, 15% of the land area of the City of Marion is covered by trees
• In total, 24% of the area of metropolitan Adelaide is covered by trees

These percentages are low, and the State Government has set targets to increase this across the metropolitan area. Council has committed to planting thousands of trees across its streets and reserves, but Council alone cannot achieve the targets set by the state. It requires the retention and planting of trees on private land.

To help, you can:

• Plant appropriate tree species in your yard and encourage others to do the same
• Look after existing trees by watering and monitoring
• Talk with friends, family and neighbours and why trees in your neighbourhood are important to you
• Join the Adopt a Tree program or a local environmental volunteer group
• Look into our greener verges rebate

More information about what you can do is available on Council’s Trees page, including how to select the right tree, how to plant the tree, as well as watering and pruning tips.

Many people worry about the impacts of trees on their buildings. There are a range of sources which can help you understand what to plant where.

Adelaide Garden Guide

Adelaide Gardens: A planting guide

Coastal Gardens: A planting guide

A Land Management Agreement sets out rules relating to the development, management, preservation, or conservation of land. The owner of a property can enter into a LMA with the Minister for Planning or a Council. An agreement may be set up to:

• help conserve vegetation or the preservation of walking trails or other things of public interest.
• specify the types of development appropriate for the land and regulate built form outcomes.

A LMA becomes binding once it is noted on the certificate of title and is tied to the land. It therefore binds the current or any future owner of the land to its obligations.

Council is required by legislation to public a register of all Land Management Agreements (LMA) for public inspection.

View and download all Land Management Agreements across the City of Marion entered into prior to 19 March 2021.

More recent Land Management Agreements can be viewed on the SA Planning Portal.

City of Marion has an Online Development Register to enable customers and clients the ability to enquire on the progress of development applications within the Council area lodged prior to 19 March 2021.

For all applications lodged after 19 March 2021 please see the PlanSA Development Application Register.

The register allows enquiries to be made by address, application number, date range, description or by application type, and will provide information such as:

• Name and address of the applicant
• The date on which the application was lodged
• The subject address for the application
• The description of the application
• The current status of the application (including any referrals or decisions made on the application)

*Please note this register listing may not comply with the level of detail required in the statutory register available for viewing at Council's offices and is provided for your information only. Should additional information be required please contact Development Services on (08) 8375 6600.

You may access the Online Development Registers here:

Applications lodged Prior to 19 March 2021

Applications lodged from 19March 2021 onwards.

The SA Planning Portal allows anyone to subscribe to be notified by the system of any new development applications that are lodged for a neighbourhood. The system allows you to filter notifications by:

• the Council area
• the type of development the application is for (you can select more than 1)
• how frequently you want notifications to come through.

Register your email address on the SA Planning Portal.