Dual occupancy in Mackay — do you need approval?

Zone by zone

Dual occupancy. Residential zones first.

Overlays that change the answer

• Agricultural land overlay. On Agricultural land class A or B, a Locally important agricultural area or either buffer, a material change of use (other than a dwelling house, home-based business and other listed rural uses) and any reconfiguring a lot become code assessable against the Agricultural land overlay code. (Table 5.10.2)
• Airport environs overlay. A dwelling house, dual occupancy, multiple dwelling, office and other sensitive uses (not outbuildings, verandahs/patios or other non-habitable structures) are accepted subject to requirements between the 20 and 25 ANEF noise contours and code assessable within the 25 ANEF contour or greater. (Table 5.10.3)
• Airport environs overlay. A material change of use or reconfiguring a lot becomes code assessable within building restriction area zone A, a public safety area, or the lighting management area where involving certain lighting, flare plumes or reflective cladding; subdivision with a straight lit street of 500–1,000 m in the lighting management area is impact assessable. (Table 5.10.3)
• Airport environs overlay. Building work or a material change of use becomes code assessable if a building or structure (including cranes and other temporary structures) exceeds the obstacle limitation surface. (Table 5.10.3; section 5.7)
• Biodiversity overlay. In environmentally significant vegetation, wildlife habitat, waterways, wetlands or their buffers, a material change of use (other than a dwelling house, home-based business and some rural and park uses) and any reconfiguring a lot become code assessable; earthworks over 200 mm deep and 50 m³ there are also code assessable. (Table 5.10.4)
• Bushfire hazard overlay. In a very high, high or medium bushfire hazard area or within 100 m of one, centre activities, multiple dwelling activities (which include dual occupancy) and reconfiguring a lot become code assessable against the Bushfire hazard overlay code. (Table 5.10.5)
• Extractive resources and high impact activities overlay. On a key resource area (resource/processing or separation area), within 100 m of a key resource area transport route, or in a high impact activity or non-KRA quarry area or buffer, a dual occupancy, multiple dwelling and other sensitive uses, and any reconfiguring a lot, become code assessable. (Table 5.10.6)
• Flood and coastal hazards overlay. A dwelling house or dual occupancy is accepted subject to requirements (Flood and coastal hazards overlay code) within the 1% or 0.2% AEP flood area and code assessable within the storm tide inundation area; a dual occupancy in the erosion prone area is code assessable. (Table 5.10.7)
• Flood risk (Finch Hatton) overlay. A dwelling house or dual occupancy is accepted subject to requirements in the low or medium flood risk area and code assessable in the high or very high flood risk area. (Table 5.10.8)
• Heritage and neighbourhood character overlay. On or adjoining a local heritage place, a material change of use (other than a home-based business and a few listed uses) and any reconfiguring a lot become code assessable against the Heritage and neighbourhood character overlay code (unless a Queensland Heritage Act exemption certificate applies). (Table 5.10.9)
• Heritage and neighbourhood character overlay. Within a neighbourhood character area, an extension to a dwelling house is accepted subject to requirements and other material changes of use (except a home-based business and a few listed uses) are code assessable against the Heritage and neighbourhood character overlay code. (Table 5.10.9)
• Landscape character and image corridor overlay. Within a landscape character area or on land adjoining an image corridor, a material change of use (other than a dwelling house, home-based business, new uses in an existing building and some rural uses) and any reconfiguring a lot become code assessable. (Table 5.10.10)
• Landslide hazard overlay. Within the landslide hazard area a dwelling house or dual occupancy is accepted subject to requirements (Landslide hazard overlay code). (Table 5.10.11)
• Regional infrastructure overlay. On land identified as regional electricity infrastructure, a substation or railway infrastructure, any material change of use (including a dwelling house and home-based business) and any reconfiguring a lot become code assessable against the Regional infrastructure overlay code. (Table 5.10.12)
• Regional infrastructure overlay. On land proximate to regional electricity infrastructure, a substation or railway infrastructure, or in a regional irrigation area, a material change of use (other than a dwelling house, home-based business and some rural uses) and any reconfiguring a lot become code assessable. (Table 5.10.12)

Worth knowing in Mackay

Mackay Region Planning Scheme 2017 (Version 5.0), Part 5, converted from the council PDF. A material change of use is impact assessable unless the table says otherwise or the use isn't listed (section 5.3.2(1)); reconfiguring a lot is code assessable in every zone (Table 5.6.1); building work and operational work are accepted unless the tables say otherwise (section 5.3.2(3)). There is no building work table for zones (section 5.7): building work is only regulated through the Airport environs, Heritage and neighbourhood character and Flood risk (Finch Hatton) overlays, so a shed, extension, pool, fence or demolition needs no planning development application elsewhere — a building approval under the Building Act is still needed. Accepted development subject to requirements that doesn't meet the nominated acceptable outcomes becomes code assessable (section 5.3.3(2)). A dwelling house includes a secondary dwelling (granny flat); it is accepted (no requirements) in the Emerging community, High, Medium and Low density residential and Township zones, accepted subject to the Dwelling house code in the Rural and Rural residential zones, limited to precincts in the Mixed use (MX2), Specialised centre (SC2) and Neighbourhood centre (code in Finch Hatton) zones, and impact assessable elsewhere. Dual occupancy is not listed in the High density residential, Rural or Rural residential zones, so it is impact assessable there. 'Centre activities' and 'Multiple dwelling activities' are defined activity groups (Schedule 1) — shop, office and food and drink outlet are centre activities; dual occupancy is treated here as a multiple dwelling activity where only the group is listed (Emerging community, Township, Bushfire hazard overlay). Precincts vary uses in several zones (e.g. Medium density residential MD1/MD2, Mixed use Fringe commercial MX2, Specialised centre SC1/SC2, High impact industry sugar mill HI1). Local plans: the Mackay city centre local plan (Table 5.9.1) makes many uses impact assessable in the education mixed use (CC3), exhibition/events (CC4) and civic (CC5) precincts — including multiple dwellings, and shops/offices in CC4/CC5 — and adds its local plan code; the Marian central local plan (Table 5.9.2) adds its code without changing categories. Where premises are in more than one zone, local plan or overlay the highest category applies to the part affected, but a local plan category overrides a zone and an overlay overrides both (section 5.3.2(8)–(9)). Schedule 6 of the Planning Regulation 2017 overrides the scheme (e.g. community residence, Schedule 12 one-into-two lot subdivisions). Part 5 states no minimum lot sizes — they sit in the zone and Reconfiguring a lot codes. Operational work: excavation or filling over 20 m³ or 200 mm deep is code assessable in key urban areas and the Township zone (other thresholds in Rural residential and rural zones); the scheme does not list vegetation clearing, and state Vegetation Management Act rules apply separately.

What else you'll need

• Building approval

More about Mackay

• What can you build in Mackay? Council overview and development applications
• Every Queensland zone explained, with what each council allows and the planning overlays that change the answer
• What Mackay Regional Council charges for a development application, compared with other councils
• A Landbrief site report for your Mackay address — every planning layer that applies to the lot
• Development applications in Paget
• Development applications in Sarina
• Development applications in Rural View
• Development applications in South Mackay
• Development applications in East Mackay
• Development applications in Bakers Creek
• Development applications in Andergrove
• Development applications in Mackay

Other projects in Mackay

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

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