Granny flats in Livingstone — 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

• 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
• Plumbing approval

More about Livingstone

• What can you build in Livingstone? Council overview and development applications
• Every Queensland zone explained, with what each council allows and the planning overlays that change the answer
• What Livingstone Shire Council charges for a development application, compared with other councils
• A Landbrief site report for your Livingstone address — every planning layer that applies to the lot
• Development applications in Yeppoon
• Development applications in Emu Park
• Development applications in Lammermoor
• Development applications in Taranganba
• Development applications in Zilzie
• Development applications in Hidden Valley
• Development applications in Tanby
• Development applications in Kinka Beach

Other projects in Livingstone

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

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