At the Northern Areas Council there are some topics that are discussed more frequently, see information on popular topics below.
Amalgamation
The process of joining two plots of land on two different titles into one plot and one title is called amalgamation.
Amalgamation can relate to the combining of:
- one or more allotments to create one single parcel of land
- assessments for two or more allotments adjacent to one another and used as one property, to create a single property valuation assessment.
For information on the process go to: SA Government Website / Amalgamations
Building a Dam
Are you thinking of building a new dam, deepening or enlarging an existing dam? This is a water affecting activity that may require a permit from Department for Environment and Water and development approval.
Development Approval is required if any of the following apply:
The excavation or filling (or excavation and filling) of land for the purposes of a dam;
(a) Where a levee or mound with a finished height greater than 3 metres above the natural surface of the ground is to be formed; or
(b) Where a retaining wall which retains a difference in ground levels exceeding 1 metre is to be used or formed; or
(c) Where the dam is in the Hills Face Zone, in a Watercourse Zone, Flood Zone or Flood Plain delineated by the relevant Development Plan, or in any other zone or area shown as being subject to flooding or inundation in the relevant Development Plan; or
(d) Where the dam is to have a capacity exceeding 5 megalitres.
For information on water affecting activities and required permits visit, https://www.landscape.sa.gov.au/ny/water/water-affecting-activities
Building Fire Safety and Building Protection Areas
Council’s Building Fire Safety Committee undertakes inspections of buildings for building fire safety compliance.
Buildings inspected in accordance with Development Act Regulations and Council’s inspection policy for fire safety are buildings providing accommodation, recreational, and public buildings.
Dwellings erected in bushfire zones specified in Council’s Development plan are referred to the South Australian Country Fire Service, Bushfire Safety Officer for assessment prior to Council development approval.
Council also inspects unsafe buildings and structures for structural integrity, where necessary issuing notices/orders to have them demolished or made safe.
In South Australia, 39 councils have designated bushfire protection areas within their council boundaries.
The bushfire protection areas are subject to bushfire related planning and building requirements. These requirements are dependent on the level of bushfire risk determined for the site.
For further information on Bushfire regulations visit, https://www.sa.gov.au/topics/business-and-trade/building-industry/building-rules-regulations-and-information/bushfire
Fences and the Law
There is no general legal obligation to fence land or to repair an existing fence, however the Fences Act 1975 (SA) regulates the erection, replacement, maintenance and repair of fences in South Australia. All references in this section are to this Act unless stated otherwise.
The Fences Act 1975 (SA) provides a procedure for resolving fencing disputes and obtaining contributions from neighbours who benefit from a fence. The purpose of the Act is to:
- Provide for the erection, replacement, repair and maintenance of fences
- Ensure that a person seeking construction of a fence give ample opportunity for his/her neighbour to raise matters such as:
- the need for construction
- the nature of the construction
- the costs of construction, and
- to provide counter-proposals
For further information visit, https://lsc.sa.gov.au/resources/FencesandtheLawBooklet.pdf
Retaining Walls
A retaining wall is a wall that holds back or supports soil when the natural ground level has been altered. When a person ‘cuts' into the natural ground level, the soil on the high side is to be prevented from collapsing with the use of a wall. Alternatively when a person ‘fills' or provides extra soil where the natural ground slopes downwards, (to make it level) then the additional fill needs to be prevented from moving further down the incline. This again is achieved with the use of a retaining wall. Most commonly a retaining wall is required between neighbours who build on sloping sites.
The owner who alters the natural lie of the land is responsible to provide a retaining wall. However, where both property owners alter the land, they would be considered jointly responsible. The sharing of costs for the retaining is a civil matter that must be negotiated between neighbours.
Should only one property owner require a wall to be built on a boundary, the retaining wall itself must be entirely on one side with only the outside face of the wall on the boundary. Alternatively, if both neighbours share in the construction of the wall equally, the retaining wall should be built straddling the boundary.
Is Council Approval Required? A development application for a retaining wall is only required to be submitted to Council for assessment where the height of the retaining wall is one metre or greater.
The documents to be provided to Council for approval should include:
- a detailed site plan indicating the location of the wall
- elevations showing materials, finishes and height of the wall
- construction details of how the wall will be constructed
- engineer's calculations for the footings and wall
For further information visit, https://lsc.sa.gov.au/resources/RetainingWallsFactsheet.pdf
State Heritage Place
A State Heritage Place is a place listed on the Department of Environment, Water and Natural Resources’ South Australian Heritage Register. These places contribute to South Australia's architectural, social, technological or scientific history. In most cases, the listing comprises the whole of the place, including the interior and any associated outbuildings and fences. A State Heritage Place must satisfy one or more of the criteria listed in Section 16 of the Heritage Places Act 1993.
For further information visit, https://www.environment.sa.gov.au/topics/heritage/sa-heritage-register
Subdividing Land
The process for subdividing land can be time-consuming, complex and expensive. You can choose to submit the application yourself but as this is a complex process it is strongly recommended you get a professional licensed surveyor and a conveyancer or solicitor to:
- determine the planning and development requirements
- draft plans
- lodge all applications and necessary paperwork
- monitor the progress of the application
- help explain the land division process
Swimming Pools
Generally, all above-ground or inflatable swimming pools with a filtration system require Development Approval, regardless of depth. Other pools with depth exceeding 300mm require approval, as do spas with capacity greater than 680L.
Swimming pool applications require details of:
- Site plan, distance of pool from existing buildings onsite
- Pool construction- above ground or in ground pool
- Pool isolation fencing including gate access to the pool
- Specifications- filtration system suction points, ladders and water disposal.
Safety fencing must be competed before the pool is filled with water. Safety fencing for an in ground pool must a continuous fence not less than 1.2 metres in height with a self closing gate with a latching device not less than 1.5 metres from ground level.
Above ground pools must be either fenced, or if 1.2 metres above ground level, or if no part of the pool providing a means of climbing into the pool the ladder can be isolated by an enclosure.
Boundary fences forming part of the pool enclosure must be 1.8 metres high.
From October 2008 if a property on which a swimming pool is located is not sold the swimming pool continues to comply with the old Swimming Pool Safety Act. If the property is sold the safety fencing is inspected and if necessary must be upgraded to current standards.
Download the brochure Is your swimming pool kid safe
(292 kb) for general guidelines.
The Minister's Specification SA 76D provides the new prescribed requirements for upgrading prescribed swimming pools. Download from the SA Department of Planning and Local government Minister's Specification SA 76D(294 kb)
For an overview of the most current and relevant legislation including downloadable resources and useful links visit, https://www.sa.gov.au/topics/housing/owning-a-property/keeping-your-property-safe/pool-and-spa-safety.