Do I need approval for a dual occupancy in the low density residential zone zone in Cairns?

Accepted if you meet the requirements. Conditions: if on a lot of 800 m² or more, and if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codes. If those aren't met: a development application with code assessment. (Source: CairnsPlan 2016, Table 5.5.h.)

Do I need approval for a dual occupancy in the low-medium density residential zone zone in Cairns?

Accepted if you meet the requirements. Conditions: if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codes. If those aren't met: a development application with code assessment. (Source: CairnsPlan 2016, Table 5.5.j.)

Do I need approval for a dual occupancy in the medium density residential zone zone in Cairns?

Accepted if you meet the requirements. Conditions: if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codes. If those aren't met: a development application with code assessment. (Source: CairnsPlan 2016, Table 5.5.l.)

Dual occupancy in Cairns — do you need approval?

Cairns Regional Council's planning scheme — the CairnsPlan 2016 — 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 low density residential zone

Accepted if you meet the requirements. A dual occupancy in the Low density residential zone needs no development application on a lot of 800 m² or more if it meets the listed code requirements; on a smaller lot (or if it can't meet them) it needs a code assessable development application.

1. Where is the property? (optional — it makes the answer specific)

I don't know my zone — choose my council instead

Council Zone

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
Low density residential zone	Accepted if you meet the requirements Table 5.5.h	if on a lot of 800 m² or more, and if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codesIf not met: a development application with code assessment.	Building approvalAssessed against: Low density residential zone code, Dual occupancy code, Excavation and filling code, Infrastructure works code, Parking and access code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Low-medium density residential zone	Accepted if you meet the requirements Table 5.5.j	if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codesIf not met: a development application with code assessment.	Building approvalAssessed against: Low-medium density residential zone code, Dual occupancy code, Excavation and filling code, Infrastructure works code, Parking and access code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Medium density residential zone	Accepted if you meet the requirements Table 5.5.l	if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codesIf not met: a development application with code assessment.	Building approvalAssessed against: Medium density residential zone code, Dual occupancy code, Excavation and filling code, Infrastructure works code, Parking and access code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Tourist accommodation zone	Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.x.1 / 5.5.x.2	a dual occupancy (duplex) is not a listed use in this zone	Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme)
Rural residential zone	Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.r	a dual occupancy (duplex) is not a listed use in this zone	Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme)
Township zone	Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.y	a dual occupancy (duplex) is not a listed use in this zone	Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme)
Emerging community zone	Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.d	a dual occupancy (duplex) is not a listed use in this zone	Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme)
Community facilities zone	Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.a	a dual occupancy (duplex) is not a listed use in this zone	Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme)
Conservation zone	Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.b	a dual occupancy (duplex) is not a listed use in this zone	Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme)
District centre zone	Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.c	a dual occupancy (duplex) is not a listed use in this zone	Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme)
Environmental management zone	Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.e.1 / 5.5.e.2 / 5.5.e.3	a dual occupancy (duplex) is not a listed use in this zone	Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme)
High impact industry zone	Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.f	a dual occupancy (duplex) is not a listed use in this zone	Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme)
Local centre zone	Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.g	a dual occupancy (duplex) is not a listed use in this zone	Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme)
Low impact industry zone	Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.i	a dual occupancy (duplex) is not a listed use in this zone	Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme)
Major centre zone	Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.k	a dual occupancy (duplex) is not a listed use in this zone	Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme)
Medium impact industry zone	Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.m	a dual occupancy (duplex) is not a listed use in this zone	Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme)
Mixed use zone	Needs a development application (code assessment) Table 5.5.n.1 / 5.5.n.2 / 5.5.n.3	if in precinct 3 – ResidentialIf not met: a development application with impact assessment (neighbours can make submissions).	Building approvalAssessed against: Mixed use zone code, Applicable local plan codes (where a local plan applies), Dual occupancy code, Excavation and filling code, Infrastructure works code, Parking and access code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Neighbourhood centre zone	Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.o	a dual occupancy (duplex) is not a listed use in this zone	Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme)
Open space zone	Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.p	a dual occupancy (duplex) is not a listed use in this zone	Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme)
Principal centre zone	Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.q	a dual occupancy (duplex) is not a listed use in this zone	Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme)
Rural zone	Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.s	a dual occupancy (duplex) is not a listed use in this zone	Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme)
Special purpose zone	Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.t.1	a dual occupancy (duplex) is not a listed use in this zone	Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme)
Specialised centre zone	Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.u.1 / 5.5.u.2 / 5.5.u.3	a dual occupancy (duplex) is not a listed use in this zone	Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme)
Sport and recreation zone	Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.v	a dual occupancy (duplex) is not a listed use in this zone	Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme)
Tourism zone	Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.w	a dual occupancy (duplex) is not a listed use in this zone	Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme)
Waterfront and marine industry zone	Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.z	a dual occupancy (duplex) is not a listed use in this zone	Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme)

Overlays that change the answer

Extractive resources overlay. In a Key resource area's resource / processing area a dwelling house (including a granny flat), dual occupancy, multiple dwelling, home based business or building work becomes impact assessable; in a separation area or transport route separation area building work and a home based business become code assessable (in some zones the tables make any use in the overlay impact assessable). (Tables 5.5.a, b, d, e.1, e.2, h, j, p, s, t.1, t.2 (IF within the Extractive resources overlay rows))
Flood and inundation hazards overlay — Sub-precinct 2b (high to extreme hazard). A dwelling house (including a granny flat) or dual occupancy in the high to extreme flood hazard sub-precinct becomes impact assessable. (Tables 5.5.d, h, j, r, s (dwelling house); 5.5.h, j (dual occupancy))
Neighbourhood character overlay. In the residential zones a dwelling house (including a granny flat), dual occupancy or home based business becomes code assessable (shops and cafés too in Mixed use precinct 1); removing, repositioning or demolishing a building becomes code assessable. (Tables 5.5.h, j, l (material change of use); 5.5.a, b, c, e.1, e.2, g, h, j, l, n.1, n.3, o, p, t.1, v (building work))
Neighbourhood character overlay — Freshwater (area 6) and Stratford (area 11). A dual occupancy on a lot under 800 m² (Low density residential) or 600 m² (Low-medium density residential), or a subdivision creating a lot under 600 m² (Low density) or 450 m² (Low-medium density), becomes impact assessable. (Tables 5.5.h, 5.5.j)
Places of significance overlay. Building work (other than internal work that doesn't materially affect the place's cultural significance), and a use involving such building work, becomes code assessable; removal or demolition becomes impact assessable; vegetation damage becomes code assessable. (Building work, operational work and use rows in most zone tables (Tables 5.5.a–5.5.z))
Hazardous and explosive facilities overlay. A home based business (Emerging community, Low impact industry, Rural residential and Rural zones) or a dual occupancy (Low-medium density residential zone) becomes code assessable. (Tables 5.5.d, i, j, r, s)
Hillslopes overlay. A dual occupancy in the Medium density residential zone becomes code assessable. (Table 5.5.l)

Worth knowing in Cairns

CairnsPlan 2016 (Version 3.1), Part 5. Each zone (or zone precinct) has one table covering material change of use, reconfiguring a lot, operational work and building work; overlays change the category through 'IF within the … overlay' rows inside those tables, and where several IF rows apply the highest category wins (section 5.2(10)). Defaults (section 5.3): a material change of use is impact assessable unless the table says otherwise or the use isn't listed; reconfiguring a lot is code assessable; building work and operational work are accepted unless the tables say otherwise. Unusually, CairnsPlan makes ordinary building work (and minor building work) 'accepted subject to requirements' in almost every zone — it must meet the acceptable outcomes of the zone code and the Excavation and filling and Infrastructure works codes (or the Dwelling house / Dual occupancy / Multiple dwelling code on a residential site with one of those uses); accepted development that can't meet them becomes code assessable (section 5.4(2)). In the Conservation zone building work is code assessable (demolition is accepted subject to requirements). In the Principal centre zone a new awning or street canopy is code assessable. A building approval under the Building Act is still needed in all cases. Vegetation damage (operational work) is accepted subject to the Vegetation management code in every zone; state vegetation management rules apply separately. A dwelling house includes a secondary dwelling (granny flat); several tables tick a 'Dwelling house (Secondary dwelling) code'. Schedule 6 of the Planning Regulation 2017 can make a dwelling house or home-based business accepted regardless of these tables. Precincts: the Environmental management zone has precinct 1 – Residential and precinct 2 – Russell Heads (Tables 5.5.e.2, 5.5.e.3), with the same categories for these projects as the zone table. The Mixed use zone has only precinct tables (5.5.n.1 Commercial, 5.5.n.2 Trades and services, 5.5.n.3 Residential): a dwelling house and dual occupancy are listed only in precinct 3, a multiple dwelling only in precincts 1 and 3; a shop in an existing centre building is accepted only if under 500 m² gross floor area, and a department store or supermarket is impact assessable. The Specialised centre zone has only precinct tables (5.5.u.1 Hospitals and allied medical, 5.5.u.2 Showgrounds and major sport, 5.5.u.3 James Cook University): an office isn't listed in precinct 2 and a home based business only in precinct 1. The Tourist accommodation zone's precinct 1 – Islands (Table 5.5.x.2) lists no dwelling house or home based business (impact), makes a shop or café impact assessable unless inside an existing building (code), and subdivision impact assessable. The Special purpose zone's precinct 1 – Cairns South State Development Area (Table 5.5.t.2) is regulated by the State Development Area development scheme for uses and subdivision; rules here follow the Special purpose zone table (5.5.t.1). Local plans can vary the category through 'Applicable local plan codes'. Development by or for the council that is impact assessable is code assessable instead (section 5.3(4)). Benchmarks listed here leave out the individual overlay codes ticked in each row, summarised as 'Applicable overlay codes'.

What else you'll need

Building approval

More about Cairns

Other projects in Cairns

Granny flat Subdivide Shed or carport Extension Pool Fence or wall Home business Townhouses Shop, café or office Clear trees Demolish

The statewide position on this project: Dual occupancy in Queensland.

Read from the CairnsPlan 2016 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.