Granny flats in Mackay — 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

• 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)
• Bushfire hazard overlay. In the Community facilities, Conservation, Open space, Rural, Rural residential and Tourism zones (and the Township zone on lots over 2,000 m²), a dwelling house — including a new secondary dwelling or an extension adding 50% or more to the floor area — in or within 100 m of a bushfire hazard area is accepted subject to requirements (Bushfire hazard overlay code) unless a bushfire consultant's written assessment confirms the site is outside that area. (Table 5.10.5)
• Extractive resources and high impact activities overlay. A dwelling house (not a non-habitable outbuilding) becomes code assessable within the Mackay showground high impact activity buffer, or on a property over 5,000 m² within a key resource area, high impact activity area or quarry area or their buffers; non-habitable domestic outbuildings stay accepted. (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)
• 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)

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
• Plumbing 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

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

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