landbrief.

Dual occupancy in Toowoomba — do you need approval?

Toowoomba Regional Council's planning scheme — the Toowoomba Regional Planning Scheme 2012 (Version 29) — 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 needs no development application in the Low Density Residential zone on a lot of at least 700m² that isn't a hatchet lot or in a Greenfield Area (unless designated) and is no higher than 8.5m, if it meets the listed requirements; otherwise it needs a code assessable application (impact assessable on a hatchet lot or over 8.5m).

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 5.5:1 site not in a Greenfield Area (or a designated dual occupancy lot within one), site area at least 700m², not a hatchet lot and building height no more than 8.5m; code assessable if not a hatchet lot and height ≤ 8.5m but the other requirements aren't met; impact on a hatchet lot or over 8.5mIf not met: a development application with code assessment. Building approvalAssessed against: Medium Density Residential Code, Transport, Access and Parking Code, Low Density Residential Zone Code
Low-medium Density Residential Zone Accepted if you meet the requirements Table 5.5:2 site not in a Greenfield Area (or a designated dual occupancy lot within one), site area at least 500m², not a hatchet lot and building height no more than 8.5m; code assessable if not a hatchet lot and height ≤ 8.5m but the other requirements aren't met; impact on a hatchet lot or over 8.5mIf not met: a development application with code assessment. Building approvalAssessed against: Medium Density Residential Code, Transport, Access and Parking Code, Low-medium Density Residential Zone Code
Rural Residential Zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5:18 A dual occupancy is not listed in the Rural Residential zone's table, so the scheme's 'any other use' row makes it impact assessable — a development application is needed. Building approvalAssessed against: The planning scheme
Township Zone Accepted if you meet the requirements Table 5.5:17 in a sewered area, not in the Flood Management Precinct, not in a Greenfield Area (or a designated dual occupancy lot), site area at least 500m², not a hatchet lot and building height no more than 8.5m; code assessable if not sewered, in the Flood Management Precinct or not meeting the requirements (still not a hatchet lot and ≤ 8.5m); impact on a hatchet lot or over 8.5mIf not met: a development application with code assessment. Building approvalAssessed against: Medium Density Residential Code, Transport, Access and Parking Code, Township Zone Code
Emerging Community Zone Accepted if you meet the requirements Table 5.5:15 site not in a Greenfield Area (or a designated dual occupancy lot within one), site area at least 700m², not a hatchet lot and building height no more than 8.5m; code assessable only if meeting that description but not the listed requirementsIf not met: a development application with impact assessment (neighbours can make submissions). Building approvalAssessed against: Medium Density Residential Code, Transport, Access and Parking Code, Emerging Community Zone Code
Community Facilities Zone Accepted if you meet the requirements Table 5.5:14 A dual occupancy needs no development application in the Community Facilities zone if it meets the zone code's listed requirements; otherwise it needs a code assessable application. Building approvalAssessed against: Community Facilities Zone Code
District Centre Zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5:5 A dual occupancy is not listed in the District Centre zone's table, so the scheme's 'any other use' row makes it impact assessable — a development application is needed. Building approvalAssessed against: The planning scheme
Extractive Industry Zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5:11 A dual occupancy is not listed in the Extractive Industry zone's table, so the scheme's 'any other use' row makes it impact assessable — a development application is needed. Building approvalAssessed against: The planning scheme
High Impact Industry Zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5:10 A dual occupancy is not listed in the High Impact Industry zone's table, so the scheme's 'any other use' row makes it impact assessable — a development application is needed. Building approvalAssessed against: The planning scheme
Limited Development (Constrained Land) Zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5:16 A dual occupancy is not listed in the Limited Development (Constrained Land) zone's table, so the scheme's 'any other use' row makes it impact assessable — a development application is needed. Building approvalAssessed against: The planning scheme
Local Centre Zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5:6 A dual occupancy is not listed in the Local Centre zone's table, so the scheme's 'any other use' row makes it impact assessable — a development application is needed. Building approvalAssessed against: The planning scheme
Low Impact Industry Zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5:8 A dual occupancy is not listed in the Low Impact Industry zone's table, so the scheme's 'any other use' row makes it impact assessable — a development application is needed. Building approvalAssessed against: The planning scheme
Major Centre Zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5:4 A dual occupancy is not listed in the Major Centre zone's table, so the scheme's 'any other use' row makes it impact assessable — a development application is needed. Building approvalAssessed against: The planning scheme
Medium Impact Industry Zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5:9 A dual occupancy is not listed in the Medium Impact Industry zone's table, so the scheme's 'any other use' row makes it impact assessable — a development application is needed. Building approvalAssessed against: The planning scheme
Mixed Use Zone Needs a development application (code assessment) Table 5.5:20 only if on the same premises as non-residential usesIf not met: a development application with impact assessment (neighbours can make submissions). Building approvalAssessed against: Mixed Use Zone Code, Environmental Standards Code, Integrated Water Cycle Management Code, Landscaping Code, Transport, Access and Parking Code, Works and Services Code, State Planning Policy (July 2017) Appendix 2 – Stormwater management design objectives, Applicable local plan code (Highfields, Meringandan and Meringandan West; Glenvale; Charlton Wellcamp Enterprise Area)
Open Space Zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5:13 A dual occupancy is not listed in the Open Space zone's table, so the scheme's 'any other use' row makes it impact assessable — a development application is needed. Building approvalAssessed against: The planning scheme
Principal Centre Zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5:3 A dual occupancy is not listed in the Principal Centre zone's table, so the scheme's 'any other use' row makes it impact assessable — a development application is needed. Building approvalAssessed against: The planning scheme
Rural Zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5:19 A dual occupancy is not listed in the Rural zone's table, so the scheme's 'any other use' row makes it impact assessable — a development application is needed. Building approvalAssessed against: The planning scheme
Specialised Centre Zone Accepted if you meet the requirements Table 5.5:7 only in the Defence Facilities Precinct: accepted if both dwellings are attached; accepted subject to requirements (Medium Density Residential Code) if detached; code assessable if those requirements aren't metIf not met: a development application with impact assessment (neighbours can make submissions). Building approvalAssessed against: Medium Density Residential Code, Specialised Centre Zone Code
Sport and Recreation Zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5:12 A dual occupancy is not listed in the Sport and Recreation zone's table, so the scheme's 'any other use' row makes it impact assessable — a development application is needed. Building approvalAssessed against: The planning scheme

Overlays that change the answer

  • Airport Environs Overlay. Within the ANEF 20 contour and above, a dwelling house, dual occupancy or multiple dwelling that would be accepted (or accepted subject to requirements) in the zone becomes code assessable against the Airport Environs Overlay Code. (Table 5.10:1)
  • Bushfire Hazard Overlay. Accepted development not otherwise listed becomes accepted subject to requirements — it must meet the Bushfire Hazard Overlay Code's acceptable outcomes or becomes code assessable. (Table 5.10:1)
  • Extractive Resources Overlay. Within an extractive resource separation area or 100m of a designated haulage route, a dwelling house, dual occupancy or multiple dwelling that would be accepted (or accepted subject to requirements) becomes code assessable against the Extractive Resources Overlay Code. (Table 5.10:1)
  • Flood Hazard Overlay. A dwelling house or dual occupancy must meet the Flood Hazard Overlay Code's acceptable outcomes (accepted subject to requirements), becoming code assessable if it doesn't or if in the FR3/FR4 flood risk areas or a Flood Management Precinct; a vulnerable use in a Vulnerable Uses Restriction Area is impact assessable. (Table 5.10:1)
  • Heritage Overlay. A dual occupancy or multiple dwelling becomes impact assessable, as does reconfiguring a lot that creates a hatchet lot or a lot under 450m². (Table 5.10:1)
  • Landslide Hazard Overlay. Accepted subject to requirements and assessable development must also meet the Landslide Hazard Overlay Code's acceptable outcomes (or becomes code assessable). (Table 5.10:1)
  • Neighbourhood Character Overlay. A dwelling house (as a material change of use) becomes code assessable; a dual occupancy or multiple dwelling becomes impact assessable, as does reconfiguring a lot that creates a hatchet lot or a lot under 450m². (Table 5.10:1)

Worth knowing in Toowoomba

Toowoomba Regional Planning Scheme 2012 (Version 29), Part 5. 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 unless the tables say otherwise; building work and operational work are accepted unless the tables say otherwise (section 5.3.2). Accepted development subject to requirements that doesn't meet the listed acceptable outcomes becomes (limited) code assessable (section 5.3.3). Where land is in more than one zone, local plan or overlay the highest category applies, but a local plan overrides the zone and an overlay overrides both (section 5.3.2). Schedule 6 of the Planning Regulation 2017 overrides the scheme (e.g. a dwelling house, community residence or home-based business can be accepted regardless). Building work: the accepted-subject-to-requirements part of Table 5.7:1 was replaced by Temporary Local Planning Instrument 01/2026 (Table of Assessment for Building Work) from 16 February 2026, which isn't reproduced in the source — the shed, extension, pool and fence answers follow the pre-TLPI 'All other building work → applicable zone code' row and should be checked against the TLPI. Excavating or filling that changes ground level by more than 1m (other than for a pool outside the Landslide Hazard Overlay) is code assessable. A building approval under the Building Act is still needed in all cases. Granny flats follow the Dwelling House row (a dwelling house includes a secondary dwelling); dwelling houses in the Low Density and Low-medium Density Residential zones are accepted on lots of 450m² or more that aren't hatchet lots or in a Schedule 7 plan of development, otherwise accepted subject to the Small Lot Housing Design Code or Medium Density Residential Code. Precincts change answers in many zones: Low Density Residential (Clifford Park Stables, Park Residential — larger minimum lots); Low-medium Density Residential (Hospital Support, Urban Consolidation, Regional/Urban/Office Residential — shop, café and office rules); Specialised Centre (Defence Facilities — houses, dual occupancy and units; Specialist Retail Centre; Toowoomba Airport; Queensland Government Research Facility); Community Facilities (Education, Higher Education, Hospital, Government, Other Community Purposes); Mixed Use (West Creek and City South Bulky Goods/Service Industry — some centre uses excluded); Township (Flood Management Precinct makes a house or dual occupancy code assessable); Rural Residential and Rural (minimum lot size by precinct); Industry zones (Wellcamp, General Industry, Transport and Warehousing, Intermodal, Heavy Industry, Quarry). Local plans (section 5.9): Highfields, Meringandan and Meringandan West (Major Centre Medium Density Residential Precinct — dwelling house and dual occupancy impact; Town Centre Frame — department store/supermarket impact), Glenvale (no category changes) and Charlton Wellcamp Enterprise Area (many centre uses in industry precincts become impact; Local Centre Commercial Centre Precinct — shop/office code to 250m², multiple dwelling impact). Overlays with no category change (benchmark only): Agricultural Land, Environmental Significance, Scenic Amenity (MCU), Regional Infrastructure Corridors and Substations (MCU), Water Resource Catchments. This file was structured by hand from a Markdown conversion of the council's Part 5 PDF, not an official copy.

What else you'll need

  • Building approval

More about Toowoomba

Other projects in Toowoomba

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

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

Read from the Toowoomba Regional Planning Scheme 2012 (Version 29) 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.