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The zoning rules that apply to properties are found within the Planning and Design Code.
The Planning and Design Code is the rulebook used in South Australia to assess all Planning applications. Introduced in 2021, it replaced individual Council Development Plans and provides zoning and design rules for guiding development. The Code includes:
The Planning and Design Code’s policies are visually mapped on the SA Property and Planning Atlas (SAPPA). You can search for your property there to see which Code rules apply to your address and to any specific type of development you’re considering.
Download a step-by-step guide on how to use SAPPA, or watch an instructional video or explore the platform yourself.
Whether you can subdivide your property depends on several factors. To determine if subdivision is possible, you’ll need to know:
Other factors to consider include:
The Planning, Development and Infrastructure Act, 2016 does not require a development approval for the demolition of most structures. However, you will need approval for the demolition of the following:
If you are seeking to demolish a structure on your land, there are some important things to understand and consider. Please read our Fact Sheet to understand these.
The rules about granny flats and tiny homes changed in 2024 to provide greater flexibility to support these as forms of housing.
These forms of accommodation can now be fully self-contained (i.e. have their own kitchens bathrooms and laundry) and can also be used to accommodate people who do not have a direct relationship with those who live in the main house on the land (i.e. they can be rented out).
These changes are aimed at assisting in addressing the housing crisis and open up more accommodation options for people.
What are the rules now?
The planning system identifies these forms of buildings as “ancillary accommodation” (not dwellings) and to meet this definition, the buildings need to meet all of the following criteria:
Note that if your proposal cannot achieve all of these criteria, it will be defined as a new dwelling and be assessed with the criteria that applies to a new dwelling.
What about caravans?
The rules for ancillary accommodation also apply to caravans where they are not exempt from development approval. In this regard, caravans on a property do not require approval, provided they:
What do I need to think about if I propose a granny flat / tiny home?
A granny flat or tiny home is considered to be an ancillary building. Ancillary buildings, by their nature, must be secondary on the land to the main dwelling.
For this reason, they cannot be sold separately to the main house, as this would require a land division. This would convert the ancillary accommodation to a dwelling in its own right and bring with it additional criteria which may be difficult to achieve. For this reason, the placement of an ancillary accommodation on the land cannot be assumed to lead to support for a future land division.
There are a number of design considerations if you are seeking to put ancillary accommodation on your land. These are:
Council also encourages you to consider the following design issues, especially if your intent is to rent out the ancillary accommodation separate to the main house:
Existing houses can usually be expanded to increase comfort, functionality, or space for a household’s needs. However, several planning rules affect whether an addition can be approved. Consider the following factors when you are scoping up your proposal:
Additions in front of the existing building may not be allowed. If the proposed addition is further forward than the front setback of neighbouring houses it is unlikely to be supported by Council. Likewise, garages or carports placed in front of the house wall are not typically approved by Council.
You can add a carport as an extension to your house or as a separate freestanding structure, depending on your property’s characteristics. Generally, if you follow these guidelines, you should be able to place a carport or garage on your land:
If not on a side boundary, then the structure should be:
Placing garages or carports forward of your home’s front wall is not encouraged by the Code policy. If it’s closer to the street than the front setback of neighbouring houses, it’s unlikely to be approved by Council.
Following these criteria can help you design an addition that achieves the performance outcomes within the Planning and Design Code.
Converting a shed / carport (outbuilding) or an existing garage or carport under the main roof of a house into either a bedroom or living room space may be possible but will require a development approval from Council. You need to think about the following matters in scoping up any proposal:
Please note however that there are also implications for the conversion of any shed, garage or carport to a bedroom or other habitable room from a Building Code perspective. This is changing the building classification which triggers different requirements in relation to:
These requirements ensure the building is safe and suitable for residential occupancy.
There can also be complications from the need to provide documentation of the existing structure for the Development Application, which can be difficult for older buildings (Council often does not have these details or is unable to provide them to you without the Copyright owner’s consent).
Council strongly advises you obtain advice from a qualified builder about the cost implications of upgrading this structure early in scoping your project.
What do the planning rules say?
The ability to build on the boundary will depend on the zoning to which your property is located. Most Zones (other than Character Areas) do allow for buildings to be built on the boundary, and this has been the case for several decades.
The extent and length to which you or your neighbour can build on the boundary will depend on the context. As a guide, most residential type zones within the Council area provide the following criteria, but which can be varied depending on context and zone:
Note that there may be minor variances to the above criteria considered by Council's planning team as part of the assessment of the application. The variances will only be considered if they have inconsequential impacts on neighbours or the streetscape.
Must I allow access?
If your neighbour is seeking to build on the boundary, they will need to follow the correct notification process under the Fences Act, as the new structure will in effect act as a fence.
In most instances, there may be a need for the builders to gain access to your land to help construct the structure on the boundary. It is in your interest to support access, as in the majority of cases, this will ensure you have a better finish to the structure on the boundary, which you will be looking at every day.
Notwithstanding this, you may wish to understand from the builder or your neighbour:
Note that Council has no role or jurisdiction in relation to access or similar matters where there is a dispute between neighbours. Nor does Council control the correct position of the structure on the boundary. These are civil matters between the two property owners. See (Where is my boundary) for further information.
Street trees are valued by our community and will increasingly play an important role in contributing to canopy across our neighbourhoods that will mitigate the impacts of urban heat island effects due to increased extreme weather days. They are also important to improving the amenity of our streets and are valued assets to Council.
For this reason, Council seeks avoidance of their removal for any new driveways from development (be it a single dwelling or a land division). It seeks that driveways are located at least 2 metres from the trunks of street trees, noting that this may need to be larger where the street tree is a Regulated or Significant Tree.
Notwithstanding this, Council considers requests for the removal of street trees as part of the assessment of the development application.
If you are seeking the removal of a street tree as part of your development, then you are encouraged to review the considerations and process outlined within this Fact Sheet.
What needs approval?
Any new swimming pool or spa pool capable of being filled with water to a height of 300mm or more requires development approval from Council.
If the swimming pool or spa pool is an above-ground, inflatable pool or portable spa pool that has a filtration system, you will require development approval.
In most cases, swimming pools and spas only need a Building Consent if they achieve certain criteria within the Planning and Design Code. Where the criteria cannot be met, a planning assessment is needed, based on the relevant zone policies. In most cases these support swimming pools and spas, however pay attention to:
Safety Barrier Requirements
There are strict Building Rules criteria that pool fencing needs to achieve to be compliant.
| Safety Barrier Requirement | Details |
|---|---|
| Swimming pool safety barrier fence(s) | 1200mm high |
| Boundary fences | 1800mm high |
| Safety gate | Opens outwards from pool enclosure, self-closing hinges, magna latch at 1.5m high above paving level |
| Secondary pump inlet | 600mm distance from skimmer inlet |
The sides of above-ground pools can act as a safety barrier if:
Don’t fill the pool until we inspect it
Council is required by law to inspect all pool developments, and you are required to advise Council of completion of your pool installation so that the inspection occurs before any water is placed within the pool. Filling a pool prior to inspection will attract a $750 expiation.
It is the responsibility of the owner of the pool or spa to ensure a compliant pool safety barrier is in place at all times. Failure to comply with safety barrier requirements increases the risk of drownings and can lead to significant fines.
Pool Maintenance
It is the responsibility of the owner of the pool or spa to ensure it is properly maintained at all times to avoid putting your family and friends at risk.
If a pool is not properly maintained, it may become a breeding ground for harmful bacteria and other organisms that may cause serious illness.
The correct use of appropriate chemicals and good management of disinfection, filtration and recirculation will keep the pool water clean, safe and in a hygienic condition.
Discharging of pool water
Swimming pool water contains chemicals and can also have other foreign substances that can contaminate the stormwater system. This will have a negative effect on our waterways, and the plants and animals that rely on this environment.
Under the Environment Protection Act 1993, and the Environment Protection (Water Quality) Policy 2015, it is an offence to discharge pool water into the street or stormwater system.
The EPA states that swimming pool water (including back wash water), is to be disposed into the sewer or (where applicable) Community Wastewater Management Scheme (CWMS) or septic tank.
Some useful resources
You are encouraged to get advice of the compliance of your swimming pool through an accredited professional to do the inspection of pool safety barriers and certify compliance as they have the appropriate qualifications, experience and professional indemnity insurance to perform this function.
Pools built before 1 July 1993
If you are selling your property with a swimming pool or spa pool, you are responsible for making sure that current safety requirements for swimming pool safety are met. This may mean you have to upgrade fencing or barriers.
Properties sold after 1 October 2008 must have child-safety barriers that comply with Ministerial Building Standard MBS 004 - Swimming pool safety – designated safety features for pools built before 1 July 1993 before settlement. This means that barriers must be installed to separate the pool area from the house wherever possible.
Pools built on or after 1 July 1993
Swimming pools or spa pools built on or after 1 July 1993 must comply with the rules that were current when the application for construction was lodged. This includes the provisions of the Planning, Development and Infrastructure Act 2016 (or the former Development Act 1993) and the Building Code of Australia to restrict access to the pool from the house, garage, street and any adjoining properties.
You are encouraged to get advice of the compliance of your swimming pool through an accredited professional to do the inspection of pool safety barriers and certify compliance as they have the appropriate qualifications, experience and professional indemnity insurance to perform this function.
Shade sails will need approval if they are not able to achieve the following criteria:
Any shade sail on land that has a State or Local Heritage Place will need approval from Council.
Note that shade sails capture winds, and so can have significant loadings on the structures to which they are connected. You are strongly advised to obtain structural engineering advice on connecting your shade sail before it installed, to avoid damaging the structures to which it is connected.
Making use of rainwater by capturing it from your roof and storing it in a rainwater tank is encouraged by council. It helps reduce the load on our stormwater system, helps reduce our usage of potable water and saves us money in water bills.
In most cases, rainwater tanks do not need a development approval, provided they achieve the following criteria:
Note that Bushfire Risk areas are identified within the Planning and Design Code as being in the Hazards (Bushfire – General Risk), Hazards (Bushfire – Medium Risk), Hazards (Bushfire – High Risk) or Hazards (Bushfire – Urban Interface) Overlays. There are mapped on SAPPA.
If the tank you propose does not meet all of the above criteria for your property’s location, then you will need to submit a Development Application.
It may be possible to run a business from home without needing a Development Approval, however the Planning, Development and Infrastructure Act, 2016 has specific criteria that need to be achieved. To fall within the definition of a “home activity” and not require a Development Approval, you will need to be able to meet all of the following requirements:
Some of the businesses that Council finds typically fail in meeting the Home Activity definition are businesses involving panel beating and spray painting, servicing and repair of vehicles, sale of vehicles, manufacturing and assembling of goods, and retail sale of goods. These types of activities are better located within commercial locations and zones.
If you cannot achieve the requirements of a “home activity” a development application will need to be lodged with Council for the land use. Note that there may be some scope for Council to support some limited business activities through the development application process, provided the zoning envisages the use and scale proposed, and the impacts on neighbouring properties does not negatively affect the existing amenity that they enjoy (through traffic, noise, odours, visual impacts etc).
If you are seeking to further pursue this, then you are encouraged to make contact with Council’s Duty Planner to discuss your specific circumstances and confirm whether a development application is required.
Does my advertisement / sign need approval?
The Planning and Design Code supports the installation of advertisements to support the range of businesses that exist across the City of Marion. However, there are a range of different criteria relating to advertisements depending on the location of the site of the business and the type of signage proposal.
Generally, all advertisements that are external to a building and are visible from a street or public place will require approval from Council. The following are however excluded from this (but do not apply to any state heritage place):
Advertisements on the front façade of an existing business that are located on or below the fascia or verandah, i.e. less than 3.7m above ground level (subject to illumination, movement and reflectivity criteria)
Note that any temporary signs that are located on the road verge or footpath (ie outside of the property), will require a permit to be issued by Council under Section 221 or the Local Government Act, 1999. You can apply for this here.
What type of signage is allowed?
If you need approval for your advertisement, then you will need to consider the zoning in place within the Planning and Design Code that applies to the site of your business, as these will influence the height and size that is appropriate. As a general rule if you achieve the following criteria, then your proposal will align with the Code policies:
Note that, should there be existing signage on the land, particularly for multiple tenancy sites, then Council would also consider the following:
You are encouraged to consider these issues in scoping up any advertising you propose.
Note that where your site is on an arterial road and the proposed advertisement is to be illuminated and close to any traffic control device (such as traffic lights or pedestrian crossings), then it may also trigger a referral to the Commissioner of Highways, who will assess it against their safety criteria.
Council has prepared a Fact Sheet to provide further guidance and details for you if you are proposing advertisement for your business or property.
Liquor Licences are required for any business looking to serve or sell alcohol as part of its activities and are issued by Consumer and Business Services. All applications will need to be made to them directly. There are various types of licences that may suit your specific needs.
As part of your liquor licence application process, you are required to consult with Council and provide Council with the opportunity to provide comments. However, please also note that Council has a right of intervention under Section 76 of the Liquor Licensing Act 1997 to provide evidence or make representation at a hearing on the application request.
Applicants are encouraged to engage with Council early in the application process to avoid any complications in the issue of the Licence.
What does council consider?
Council considers the following matters to ensure the licence application aligns with any approvals in place for the subject land:
It is in your interest to ensure that you address the above matters before submitting your Liquor Licence Application, to avoid delays or Council seeking a representation at a hearing of the application by the Commissioner.
Being sustainable does not necessarily mean spending more money. Careful design can be a cost-effective way of delivering a sustainable development.
Sustainable buildings:
A sustainable building or home can:
Reduce energy usage through less reliance on mechanical heating and cooling:
Reduce water usage and runoff into the stormwater system:
Reduce waste produced:
Make the most of embodied energy:
Increase connection with nature and biodiversity
Some other resources
There are many guides which can provide you with much more detailed information about how you can develop a sustainable building. We encourage you to explore these and provide some examples as starting points:
City of Marion – Sustainable Homes
Your Home (Australian Government)
Sustainable Home Renovations Guide (Green Buildings Council)
Adelaide Garden Guide (Plan SA)
Adelaide Gardens Planting Guide (Green Adelaide)
Coastal Gardens Planting Guide (Green Adelaide)
5 common weeds that might be escaping from your garden (Green Adelaide)
Adelaide Garden Guide (Plan SA)
Adelaide Gardens Planting Guide (Green Adelaide)
Coastal Gardens Planting Guide (Green Adelaide)
Choosing Your Plants (Green Adelaide)
Water Sensitive Urban Design (Water Sensitive SA)
Sustainable Home Renovations Guide (Green Building Council)
The future impacts of climate change are known to have an impact on our cities and urban environments in particular. The impacts of this will be:
Mitigating these impacts requires large scale changes across everything we do to make a real difference. However, when designing a new development, there are things that can be done on your property which, when actioned collectively, can make a difference.
Reduce heat loads
Respond to more frequent drought conditions
Mitigate Flooding impacts
Visit our Environment pages to find out more information about how we are responding to climate change.