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Dual occupancy in Livingstone — do you need approval?

Livingstone Shire Council's planning scheme — the Livingstone Planning Scheme 2018 — 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 is accepted if it meets the zone code rules, otherwise it becomes an impact-assessed development application.

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.

ZoneWhat the table saysConditionsWhat you'll need
Low Density Residential Zone Accepted if you meet the requirements Table 5.4.6.1 A dual occupancy is accepted if it meets the zone code rules, otherwise it becomes an impact-assessed development application. Building approvalAssessed against: Low density residential zone code, General development code, Development works code
Low-Medium Density Residential Zone Accepted if you meet the requirements Table 5.4.6.2 A dual occupancy is accepted if it meets the zone code rules, otherwise it becomes an impact-assessed development application. Building approvalAssessed against: Low-medium density residential zone code, General development code, Development works code
Medium Density Residential Zone Accepted if you meet the requirements Table 5.4.6.3 A dual occupancy is accepted if it meets the zone code rules, otherwise it becomes an impact-assessed development application. Building approvalAssessed against: Medium density residential zone code, General development code, Development works code
Emerging Community Zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.4.4.2 Dual occupancy is not listed in this zone's table, so it defaults to impact assessment requiring a development application. Building approvalAssessed against: The planning scheme, to the extent relevant
Rural Residential Zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.4.4.5 Two homes on one lot is not listed for this zone, so it falls into the 'any other use' impact category and needs an impact-assessable development application. Building approvalAssessed against: The planning scheme, to the extent relevant
Township Zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.4.4.8 Two homes on one lot is not listed for this zone, so it falls into the 'any other use' impact category and needs an impact-assessable development application. Building approvalAssessed against: The planning scheme, to the extent relevant
Community Facilities Zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.4.4.1 Two homes on one lot is not a listed use in this zone, so it needs an impact-assessable development application. Building approvalAssessed against: The planning scheme, to the extent relevant
District Centre Zone Needs a development application (code assessment) Table 5.4.1.3 Dual occupancy is code assessable in the District Centre Zone, meaning you need a development application assessed against the relevant codes. Building approvalAssessed against: District centre zone code, Accommodation activities code, General development code, Development works code
Environmental Management and Conservation Zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.4.2.1 Two homes on one lot is not a listed use here, so it needs an impact-assessable development application. Building approvalAssessed against: The planning scheme, to the extent relevant
Limited Development Zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.4.4.3 Dual occupancy is not listed in this zone's table, so it defaults to impact assessment requiring a development application with public notification. Building approvalAssessed against: The planning scheme, to the extent relevant
Local Centre Zone Needs a development application (code assessment) Table 5.4.1.2 Dual occupancy is code assessable in the Local Centre Zone, meaning you need a development application assessed against the relevant codes. Building approvalAssessed against: Local centre zone code, Accommodation activities code, General development code, Development works code
Low Impact Industry Zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.4.3.1 Two homes on one lot is not a listed use in this industry zone, so it needs an impact-assessable development application. Building approvalAssessed against: The planning scheme, to the extent relevant
Major Centre Zone Needs a development application (code assessment) Table 5.4.1.4 Dual occupancy is code assessable in the Major Centre Zone, meaning you need a development application assessed against the relevant codes. Building approvalAssessed against: Major centre zone code, Accommodation activities code, General development code, Development works code
Major Tourism Zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.4.7.1 dual occupancy is not listed as accepted or code assessable in this zone Building approvalAssessed against: The planning scheme, to the extent relevant.
Medium Impact Industry Zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.4.3.2 Two homes on one lot is not a listed use in this industry zone, so it needs an impact-assessable development application. Building approvalAssessed against: The planning scheme, to the extent relevant
Neighbourhood Centre Zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.4.1.1 Dual occupancy is not a listed use in this zone Building approvalAssessed against: The planning scheme, to the extent relevant
Open Space Zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.4.5.1 Two homes on one lot is not listed in this zone, so it falls into the 'any other use' impact category needing an impact-assessable development application. Building approvalAssessed against: The planning scheme, to the extent relevant
Rural Zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.4.4.4 Two homes on one lot is not listed for this zone, so it falls into the 'any other use' impact category and needs an impact-assessable development application. Building approvalAssessed against: The planning scheme, to the extent relevant
Special Purpose Zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.4.4.6 Dual occupancy is not listed in this zone's table, so it defaults to impact assessment requiring a development application. Building approvalAssessed against: The planning scheme, to the extent relevant
Specialised Centre Zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.4.4.7 Dual occupancy is not listed in this zone's table, so it defaults to impact assessment requiring a development application. Building approvalAssessed against: The planning scheme, to the extent relevant
Sport and Recreation Zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.4.5.2 dual occupancy is not listed for this zone Building approvalAssessed against: The planning scheme, to the extent relevant

Overlays that change the answer

  • Acid Sulfate Soils Overlay. Below 20m AHD, building work, reconfiguring a lot, operational work or a material change of use becomes code assessable where it involves excavation of 100m³ or more of soil/sediment, or filling of land below 5m AHD with 500m³ or more of fill at an average depth of 0.5m or more. (Table 5.9.1)
  • Airport Environs Overlay. Within ANEF contours a material change of use for accommodation, centre, community or entertainment uses becomes code assessable, and reconfiguring a lot becomes code assessable. Within the obstacle limitation surface, building work/MCU that enters operational airspace (or emits plumes/particulates/lights) becomes code assessable. (Table 5.9.2)
  • Biodiversity Overlay. Within a biodiversity overlay (or near a waterway top of bank), a dwelling house/MCU, reconfiguring a lot, operational work (clearing/earthworks), and building work for a secondary dwelling or a standalone Class 10a building become code assessable (unless within an approved building location envelope). (Table 5.9.3)
  • Bushfire Hazard Overlay. Within a bushfire hazard area, a dwelling house, dwelling unit or dual occupancy (and building work for a secondary dwelling) becomes code assessable in the circumstances set out, and reconfiguring a lot becomes code assessable in all circumstances. (Table 5.9.4)
  • Coastal Hazard Overlay. Within the erosion prone area or storm tide hazard area, a dwelling house/MCU and reconfiguring a lot become code assessable in the circumstances set out; building work (new/extension/fill/secondary dwelling) becomes accepted subject to requirements of the coastal hazard overlay code. (Table 5.9.5)
  • Extractive and Mining Resource Area Overlay. Within a Key Resource Area overlay, a material change of use and reconfiguring a lot become code assessable, and building work for a secondary dwelling becomes code assessable. (Table 5.9.6)
  • Flood Hazard Overlay. Within the flood hazard overlay, a dwelling house/MCU and reconfiguring a lot become code assessable in the circumstances set out; building work (new/extension/fill/secondary dwelling) becomes accepted subject to the requirements of the flood hazard overlay code. (Table 5.9.7)
  • Heritage Place Overlay. Within or adjacent to a State or local heritage site (distance triggers of 5–50m by site), MCU, reconfiguring a lot, building work and operational work become accepted subject to requirements or code assessable, particularly where features/trees are altered, removed or demolished. (Table 5.9.8)
  • Landslide Hazard Overlay. Within the landslide hazard overlay (where slope not certified under 15%), MCU and reconfiguring a lot become code assessable, and building work involving >50m³ excavation/fill, a retaining wall ≥1m, or vegetation clearing becomes code assessable. (Table 5.9.9)
  • Scenic Amenity Overlay. Within scenic amenity management areas, coastal green break, coastal scenic transport route or coastline foreshore overlays, building work and MCU that are accepted become accepted subject to requirements (and code assessment escalates); reconfiguring a lot becomes code assessable; certain clearing/earthwork/advertising become ASR or code assessable. (Table 5.9.10)
  • Water Resource Areas Overlay. Within a water resource area, a dual occupancy or dwelling house becomes accepted subject to requirements; other MCU and reconfiguring a lot become code assessable; building work for a secondary dwelling and clearing become accepted subject to requirements. (Table 5.9.11)
  • Height Limits Overlay. A material change of use involving a new building/structure exceeding the zone's stated height limit becomes impact assessable. (Table 5.9.12)

Worth knowing in Livingstone

Minimum lot sizes shown are the ToA thresholds above which creating additional lots is code assessable; below those thresholds reconfiguring is impact assessable (the Reconfiguring a Lot Code Table 9.3.3.4.2 sets the detailed minimum lot areas/dimensions/frontages, which was not fully reproduced here). Note precinct variations: Rural Residential (Park Residential Precinct 4000m² vs 2ha elsewhere); Rural Zone (Capricorn Coast Rural Precinct 10ha, Class A/B Agricultural Land 60ha, otherwise 150ha); Rural and Township zones have a Yaamba Historic Township Precinct that changes dwelling house/building work categories. For shop_office the three uses (Shop, Food and drink outlet, Office) can differ — e.g. in centre zones a Shop/Food and drink outlet is often accepted/ASR if within an existing building but code assessable if a new building or drive-through, while in Township and Specialised Centre zones these uses are generally code assessable. The Seaspray Local Plan overrides the underlying zone for dwelling house, dual occupancy and building work within its precincts (dwelling house and dual occupancy are accepted subject to requirements). Overlays only change categories to the extent the premises is affected by the overlay, and overlay effects do not apply where the relevant overlay code's accepted-development acceptable outcomes are met. A separate building approval under the Building Act is required for building work even where planning categorises it as accepted. State Vegetation Management Act rules operate separately from the scheme's clearing provisions.

What else you'll need

  • Building approval

More about Livingstone

Other projects in Livingstone

Granny flatSubdivideShed or carportExtensionPoolFence or wallHome businessTownhousesShop, café or officeClear treesDemolish

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

Read from the Livingstone Planning Scheme 2018 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.