Dual occupancy in Banana — do you need approval?
Banana Shire Council's planning scheme — the Banana Shire Planning Scheme 2021 — decides whether a dual occupancy needs a development application, and the answer depends on the zone your property is in. Below is what its table of assessment says for each zone; or check your own address.
In a general residential zone code
Needs a development application (code assessment). Building two homes on one lot in the residential zone requires a development application assessed against the code.
I don't know my zone — choose my council instead
The zone is on your rates notice, or a Landbrief site report will find it for you.
Zone by zone
Dual occupancy. Residential zones first.
| Zone | What the table says | Conditions | What you'll need |
|---|---|---|---|
| General Residential Zone Code | Needs a development application (code assessment) Table 4.2 (General Residential Zone MCU table) | Building two homes on one lot in the residential zone requires a development application assessed against the code. | Building approvalAssessed against: General Residential Zone Code |
| Rural Residential Zone Code | Needs a development application (code assessment) Table 4.2 (Rural Residential Zone MCU table) | Building two homes on one lot in the Rural Residential zone requires a development application assessed against the code. | Building approvalAssessed against: Rural Residential Zone Code |
| Township Zone Code | Needs a development application (code assessment) Township Zone table | A dual occupancy in the Township Zone generally needs a code-assessed development application. | Building approvalAssessed against: Township Zone Code |
| Centre Zone Code | Needs a development application (impact assessment — neighbours can make submissions) Table 5 (Centre Zone) | A dual occupancy is treated as 'any other use' in the Centre Zone, so you will need an impact-assessable development application. | Building approvalAssessed against: Centre Zone Code |
| Community Facilities Zone Code | Needs a development application (impact assessment — neighbours can make submissions) Table 5 (Community Facilities Zone) | A dual occupancy defaults to 'any other use' in the Community Facilities Zone, so you would need an impact-assessable development application. | Building approvalAssessed against: Community Facilities Zone Code |
| Environmental Management and Conservation Zone Code | Needs a development application (impact assessment — neighbours can make submissions) Table 5 (Environmental Management and Conservation Zone) | A dual occupancy defaults to 'any other use' in this conservation zone, so you would need an impact-assessable development application. | Building approvalAssessed against: Environmental Management and Conservation Zone Code |
| Industry Zone Code | Needs a development application (impact assessment — neighbours can make submissions) Table 5 (Industry Zone) | A dual occupancy defaults to 'any other use' in the Industry Zone, so you would need an impact-assessable development application. | Building approvalAssessed against: Industry Zone Code |
| Mixed Use Zone Code | Needs a development application (code assessment) Table 4.2 (zone MCU table) | Building two homes on one lot in the Mixed Use zone requires a development application assessed against the code. | Building approvalAssessed against: Mixed Use Zone Code |
| Recreation and Open Space Zone Code | Needs a development application (impact assessment — neighbours can make submissions) Table 4.2 (zone MCU table) – any other use | Building two homes on one lot is not an expected use in this zone and would need an impact-assessed development application under the default row. | Building approvalAssessed against: Recreation and Open Space Zone Code |
| Rural Zone Code | Needs a development application (impact assessment — neighbours can make submissions) Table 5.10.3 (Rural Zone) | Two homes on one rural lot generally needs an impact-assessed development application with public notification. | Building approvalAssessed against: Rural Zone Code |
| Special Industry Zone Code | Needs a development application (impact assessment — neighbours can make submissions) Part 5 zone table | A dual occupancy is not anticipated in the Special Industry Zone, so it needs an impact-assessed development application. | Building approvalAssessed against: Special Industry Zone Code |
Overlays that change the answer
The table above is the base case, before any overlay. Flood, bushfire, landslide, heritage and character overlays are the usual reasons a normally-accepted project becomes a development application — add your address above and the tool flags the ones that apply to your lot.
Worth knowing in Banana
Minimum lot sizes are not listed in the Tables of Assessment — they are in Table 6.3.6 of the Reconfiguring a Lot Code, which was not provided. For every zone, subdividing is code assessable where resulting lots meet the minimum lot areas of Table 6.3.6, and impact assessable where any lot does not comply (Table 4.3.1). Amalgamation of lots and creation of an access easement to one lot are accepted/ADSR in all zones. MUIRS ROAD PRECINCT (Rural Zone): the accepted and accepted-subject-to-requirements MCU pathways in Table 4.1.1, the accepted/ADSR earthworks and minor-electricity operational-work pathways, and some other concessions do NOT apply in this precinct; building work in the Muirs Road Precinct not associated with a material change of use is code assessable against the Rural Zone Code. COMMUNITY FACILITIES ZONE Precinct 6: operational work for a municipal waste facility is accepted. Zone-specific material change of use categories (granny_flat, dual_occupancy, home_business, townhouses, shop_office, etc.) are set by the individual zone codes in Part 5, which were not supplied here — rules for those uses will rely on each zone code's table of assessment and default/'any other use' rows. A building approval under the Building Act may still be required even where planning assessment is 'accepted'.
What else you'll need
- Building approval
More about Banana
- What can you build in Banana? Council overview and development applications
- Every Queensland zone explained, with what each council allows and the planning overlays that change the answer
- What Banana Shire Council charges for a development application, compared with other councils
- A Landbrief site report for your Banana address — every planning layer that applies to the lot
Other projects in Banana
Granny flatSubdivideShed or carportExtensionPoolFence or wallHome businessTownhousesShop, café or officeClear treesDemolish
The statewide position on this project: Dual occupancy in Queensland.
Read from the Banana Shire Planning Scheme 2021 tables of assessment. General information, not advice. The council's planning scheme and the Planning Act 2016 decide — confirm with the council or a town planner before you build.