Dual occupancy in Central Highlands — do you need approval?
Central Highlands Regional Council's planning scheme — the Central Highlands Regional Council Planning Scheme 2016 (Amendment No. 7) — 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
Accepted if you meet the requirements. Two homes on one lot are accepted if your lot meets the minimum size, otherwise you need a development application for code assessment.
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 | Accepted if you meet the requirements Table 5.4.2 | on a lot 800m² or greater (600m² or greater in the Medium density residential precinct)If not met: a development application with code assessment. | Building approvalAssessed against: Dual occupancy code |
| High density residential zone | Needs a development application (code assessment) Table 5.4.3 | forming part of a mixed use buildingIf not met: a development application with impact assessment (neighbours can make submissions). | Building approvalAssessed against: High density residential zone code, Multi-unit residential uses code, Landscaping code, Transport, parking and access code, Works, services and infrastructure (development design) code |
| Rural residential zone | Needs a development application (code assessment) Table 5.4.1 | Two homes on one lot are code assessable in this zone, so you need a development application. | Building approvalAssessed against: Dual occupancy code |
| Emerging community zone | Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.4 | A dual occupancy is not listed in this zone so falls under the 'all other uses' impact assessment row, requiring a development application that is publicly notified. | Building approvalAssessed against: The planning scheme |
| Township zone | Needs a development application (code assessment) Table 5.4.17 | Building two homes on one lot in the Township zone needs a code-assessable development application. | Building approvalAssessed against: Dual occupancy code |
| Centre zone | Needs a development application (code assessment) Table 5.4.6 | if forming part of a mixed use buildingIf not met: a development application with impact assessment (neighbours can make submissions). | Building approvalAssessed against: Centre zone code, Landscaping code, Multi-unit residential uses code, Transport, parking and access code, Works, services and infrastructure (development design) code |
| Community facilities zone | Needs a development application (impact assessment — neighbours can make submissions) Table 5.4.15 | Dual occupancy is not listed in this zone, so it defaults to an impact-assessable development application. | Building approvalAssessed against: The planning scheme |
| Environmental management and conservation zone | Needs a development application (impact assessment — neighbours can make submissions) Table 5.4.13 | Dual occupancy is not listed in this zone, so it defaults to an impact-assessable development application. | Building approvalAssessed against: The planning scheme |
| Industry investigation zone | Needs a development application (impact assessment — neighbours can make submissions) Table 5.4.12 | Dual occupancy is not listed in the Industry investigation zone, so it defaults to impact assessment and needs a development application. | Building approvalAssessed against: The planning scheme |
| Industry zone | Needs a development application (impact assessment — neighbours can make submissions) Table 5.4.10 | Dual occupancy is not listed in the Industry zone, so it defaults to impact assessment and needs a development application. | Building approvalAssessed against: The planning scheme |
| Low impact industry zone | Needs a development application (impact assessment — neighbours can make submissions) Table 5.4.9 | Two homes on one lot are not listed in this industrial zone, so this falls under 'all other uses' requiring an impact-assessable development application. | Building approvalAssessed against: The planning scheme |
| Neighbourhood centre zone | Needs a development application (code assessment) Table 5.4.5 | if forming part of a mixed use buildingIf not met: a development application with impact assessment (neighbours can make submissions). | Building approvalAssessed against: Neighbourhood centre zone code, Multi-unit residential uses code, Transport, parking and access code, Landscaping code, Works, services and infrastructure (development design) code |
| Principal centre zone | Needs a development application (code assessment) Table 5.4.7 | if forming part of a mixed use buildingIf not met: a development application with impact assessment (neighbours can make submissions). | Building approvalAssessed against: Principal centre zone code, Landscaping code, Multi-unit residential uses code, Transport, parking and access code, Works, services and infrastructure (development design) code |
| Recreation and open space zone | Needs a development application (impact assessment — neighbours can make submissions) Table 5.4.14 | Dual occupancy is not listed in this zone, so it defaults to an impact-assessable development application. | Building approvalAssessed against: The planning scheme |
| Rural zone | Needs a development application (code assessment) Table 5.4.16 | A dual occupancy in the Rural zone is code assessable, so you need a development application assessed against the codes. | Building approvalAssessed against: Rural zone code, Dual occupancy code, Transport, parking and access code, Works, services and infrastructure (development design) code |
| Special industry zone | Needs a development application (impact assessment — neighbours can make submissions) Table 5.4.11 | Dual occupancy is not listed in the Special industry zone, so it defaults to impact assessment and needs a development application. | Building approvalAssessed against: The planning scheme |
| Specialised centre zone | Needs a development application (impact assessment — neighbours can make submissions) Table 5.4.8 | A dual occupancy is not listed in the Specialised centre zone, so it falls under 'all other uses' and needs an impact-assessable development application. | Building approvalAssessed against: The planning scheme |
Overlays that change the answer
- Flood hazard overlay. Within a flood risk category the category of development can change. A dwelling house (incl. secondary dwelling) material change of use / building work in the Balance Flood Risk Category is accepted only where the habitable floor is at least 300mm above natural ground level and no filling is involved; in the Low Risk Flood Category dwelling house / dwelling unit / dual occupancy / home based business is accepted only where habitable floor is at least Defined Flood Event + 300mm and no filling. Building work in Medium/High/Very High flood risk categories becomes code assessable. Reconfiguring a lot in any flood risk category is code assessable. Multiple dwelling (townhouses) in Medium/High/Very High flood risk categories becomes impact assessable. Otherwise code assessable unless accepted conditions met. (Table 5.8.1 Overlays — Flood hazard overlay)
- Bushfire hazard overlay. Where within a medium, high, very high or potential impact buffer bushfire hazard area, building work involving a dwelling house, a listed material change of use (accommodation, business, industry, community, recreation activity groups) and reconfiguring a lot must be assessed against the Bushfire hazard overlay code (no change to category but overlay code applies as accepted requirements). (Table 5.8.1 Overlays — Bushfire hazard overlay)
- Airport environs overlay. Within the OLS, runway separation distances, ANEF contours or public safety area, a listed material change of use that would otherwise be accepted or accepted subject to requirements becomes code assessable against the Airport environs overlay code. Mainly affects accommodation, business, industry, community and recreation uses; reconfiguring a lot may also be subject to the overlay code. (Table 5.8.1 Overlays — Airport environs overlay)
- Extractive and mineral resources overlay. No change to category, but within a resource/processing, separation or transport route separation area listed material changes of use and reconfiguring a lot must be assessed against the Extractive resources overlay code (dwelling house on an existing lot and home-based business generally exempt). (Table 5.8.1 Overlays — Extractive and mineral resources overlay)
- Regional infrastructure overlay. No change to category, but within electricity infrastructure, wastewater/waste/road/rail/gas buffers or stock routes, listed material changes of use and reconfiguring a lot (often increasing lot numbers or involving sensitive land uses) must be assessed against the Regional infrastructure overlay code (home-based business generally exempt). (Table 5.8.1 Overlays — Regional infrastructure overlay)
Worth knowing in Central Highlands
Minimum lot sizes, frontages and rectangular developable areas for each zone are set in Table 8.4.3.3.2 (Minimum lot size and dimensions), which was not reproduced in the supplied material, so numeric minimums could not be captured; the Reconfiguring a lot code (section 8.4.3) and Table 8.2.2 govern subdivision of one lot into two. Under the Regulation, subdivision of one lot into two lots is always code assessable (Schedule 10). The Rural zone contains Gemfields Core, Gemfields Frame and Gemfields Balance precincts which materially change the category of assessment for many uses (e.g. dwelling unit, shop, office, food and drink outlet, community uses) — owners in those precincts should check precinct-specific rows. Building work for a dwelling house and Class 10a outbuildings is generally accepted or accepted subject to requirements across all zones (and fully accepted for Class 10a in the Rural zone outside the Gemfields precincts); a building approval under the Building Act 1975 is still required separately. Development that is accepted does not need a development application. Home-based business is accepted subject to requirements in most zones provided it is not a high impact home-based business activity. Where a use is not listed for a zone the 'all other uses / undefined use' row applies, making it impact assessable. Overlay effects apply only to the part of the premises affected, and the highest applicable category prevails where zone and overlay differ. State Vegetation Management Act clearing controls operate separately from the scheme's operational work provisions.
What else you'll need
- Building approval
More about Central Highlands
- What can you build in Central Highlands? Council overview and development applications
- Every Queensland zone explained, with what each council allows and the planning overlays that change the answer
- What Central Highlands Regional Council charges for a development application, compared with other councils
- A Landbrief site report for your Central Highlands address — every planning layer that applies to the lot
- Development applications in Emerald
- Development applications in Blackwater
- Development applications in Capella
- Development applications in Springsure
- Development applications in Mackenzie
- Development applications in Rolleston
- Development applications in Bluff
- Development applications in Comet
Other projects in Central Highlands
Granny flatSubdivideShed or carportExtensionPoolFence or wallHome businessTownhousesShop, café or officeClear treesDemolish
The statewide position on this project: Dual occupancy in Queensland.
Read from the Central Highlands Regional Council Planning Scheme 2016 (Amendment No. 7) 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.