Granny flats in Cairns — do you need approval?

Zone by zone

Dwelling house (a secondary dwelling is part of a dwelling house — Planning Regulation 2017, Schedule 24). Residential zones first.

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))
• 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))

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
• Plumbing approval

More about Cairns

• What can you build in Cairns? Council overview and development applications
• Every Queensland zone explained, with what each council allows and the planning overlays that change the answer
• What Cairns Regional Council charges for a development application, compared with other councils
• A Landbrief site report for your Cairns address — every planning layer that applies to the lot
• Development applications in Edmonton
• Development applications in Clifton Beach
• Development applications in Gordonvale
• Development applications in Edge Hill
• Development applications in Kewarra Beach
• Development applications in Cairns North
• Development applications in Caravonica
• Development applications in Parramatta Park

Other projects in Cairns

Dual occupancySubdivideShed or carportExtensionPoolFence or wallHome businessTownhousesShop, café or officeClear treesDemolish

The statewide position on this project: Granny flat in Queensland.