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Running a business from home in Cairns — do you need approval?

Cairns Regional Council's planning scheme — the CairnsPlan 2016 — decides whether a home business 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 home based business in the Low density residential zone needs no development application if it meets the listed code requirements for accepted development; if it can't, it needs a code assessable development application.

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

Home-based business. Residential zones first.

ZoneWhat the table saysConditionsWhat you'll need
Low density residential zone Accepted if you meet the requirements Table 5.5.h if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codesIf not met: a development application with code assessment. Nothing further under the planning schemeAssessed against: Low density residential zone code, Home based business code, Excavation and filling code, Infrastructure works code, Landscaping code, Parking and access code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Low-medium density residential zone Accepted if you meet the requirements Table 5.5.j if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codesIf not met: a development application with code assessment. Nothing further under the planning schemeAssessed against: Low-medium density residential zone code, Home based business code, Excavation and filling code, Infrastructure works code, Landscaping code, Parking and access code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Medium density residential zone Accepted if you meet the requirements Table 5.5.l if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codesIf not met: a development application with code assessment. Nothing further under the planning schemeAssessed against: Medium density residential zone code, Home based business code, Excavation and filling code, Infrastructure works code, Landscaping code, Parking and access code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Tourist accommodation zone Accepted if you meet the requirements Table 5.5.x.1 / 5.5.x.2 if outside precinct 1 – Islands; if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codesIf not met: a development application with impact assessment (neighbours can make submissions). Nothing further under the planning schemeAssessed against: Tourist accommodation zone code, Home based business code, Excavation and filling code, Infrastructure works code, Landscaping code, Parking and access code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Rural residential zone Accepted if you meet the requirements Table 5.5.r if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codesIf not met: a development application with code assessment. Nothing further under the planning schemeAssessed against: Rural residential zone code, Home based business code, Excavation and filling code, Infrastructure works code, Landscaping code, Parking and access code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Township zone Accepted if you meet the requirements Table 5.5.y if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codesIf not met: a development application with code assessment. Nothing further under the planning schemeAssessed against: Township zone code, Home based business code, Excavation and filling code, Infrastructure works code, Landscaping code, Parking and access code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Emerging community zone Accepted if you meet the requirements Table 5.5.d if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codesIf not met: a development application with code assessment. Nothing further under the planning schemeAssessed against: Emerging community zone code, Home based business code, Excavation and filling code, Infrastructure works code, Landscaping code, Parking and access code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Community facilities zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.a a home based business is not a listed use in this zone Nothing further under the planning schemeAssessed against: CairnsPlan 2016 (the whole planning scheme)
Conservation zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.b a home based business is not a listed use in this zone Nothing further under the planning schemeAssessed against: CairnsPlan 2016 (the whole planning scheme)
District centre zone Accepted if you meet the requirements Table 5.5.c if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codesIf not met: a development application with code assessment. Nothing further under the planning schemeAssessed against: District centre zone code, Home based business code, Centre design code, Excavation and filling code, Infrastructure works code, Landscaping code, Parking and access code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Environmental management zone Needs a development application (code assessment) Table 5.5.e.1 / 5.5.e.2 / 5.5.e.3 A home based business in the Environmental management zone needs a code assessable development application, assessed against the listed codes without public notification. Nothing further under the planning schemeAssessed against: Environmental management zone code, Applicable local plan codes (where a local plan applies), Home based business code, Environmental performance code, Excavation and filling code, Infrastructure works code, Landscaping code, Parking and access code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
High impact industry zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.f a home based business is not a listed use in this zone Nothing further under the planning schemeAssessed against: CairnsPlan 2016 (the whole planning scheme)
Local centre zone Accepted if you meet the requirements Table 5.5.g if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codesIf not met: a development application with code assessment. Nothing further under the planning schemeAssessed against: Local centre zone code, Home based business code, Centre design code, Excavation and filling code, Infrastructure works code, Landscaping code, Parking and access code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Low impact industry zone Accepted if you meet the requirements Table 5.5.i if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codesIf not met: a development application with code assessment. Nothing further under the planning schemeAssessed against: Low impact industry zone code, Home based business code, Excavation and filling code, Industry design code, Infrastructure works code, Landscaping code, Parking and access code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Major centre zone Accepted if you meet the requirements Table 5.5.k if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codesIf not met: a development application with code assessment. Nothing further under the planning schemeAssessed against: Major centre zone code, Home based business code, Centre design code, Excavation and filling code, Infrastructure works code, Landscaping code, Parking and access code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Medium impact industry zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.m a home based business is not a listed use in this zone Nothing further under the planning schemeAssessed against: CairnsPlan 2016 (the whole planning scheme)
Mixed use zone Accepted if you meet the requirements Table 5.5.n.1 / 5.5.n.2 / 5.5.n.3 if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codesIf not met: a development application with code assessment. Nothing further under the planning schemeAssessed against: Mixed use zone code, Home based business code, Excavation and filling code, Infrastructure works code, Landscaping code, Parking and access code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Neighbourhood centre zone Accepted if you meet the requirements Table 5.5.o if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codesIf not met: a development application with code assessment. Nothing further under the planning schemeAssessed against: Neighbourhood centre zone code, Home based business code, Centre design code, Excavation and filling code, Infrastructure works code, Landscaping code, Parking and access code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Open space zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.p a home based business is not a listed use in this zone Nothing further under the planning schemeAssessed against: CairnsPlan 2016 (the whole planning scheme)
Principal centre zone Accepted if you meet the requirements Table 5.5.q if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codesIf not met: a development application with code assessment. Nothing further under the planning schemeAssessed against: Principal centre zone code, Home based business code, Centre design code, Excavation and filling code, Infrastructure works code, Landscaping code, Parking and access code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Rural zone Accepted if you meet the requirements Table 5.5.s if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codesIf not met: a development application with code assessment. Nothing further under the planning schemeAssessed against: Rural zone code, Home based business code, Excavation and filling code, Infrastructure works code, Landscaping code, Parking and access code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Special purpose zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.t.1 a home based business is not a listed use in this zone Nothing further under the planning schemeAssessed against: CairnsPlan 2016 (the whole planning scheme)
Specialised centre zone Accepted if you meet the requirements Table 5.5.u.1 / 5.5.u.2 / 5.5.u.3 if in precinct 1 – Hospitals and allied medical; if it meets the acceptable outcomes listed as requirements for accepted development in the ticked codesIf not met: a development application with impact assessment (neighbours can make submissions). Nothing further under the planning schemeAssessed against: Specialised centre zone code, Home based business code, Excavation and filling code, Infrastructure works code, Landscaping code, Parking and access code, Vegetation management code, Applicable overlay codes (where the overlay is mapped on the lot)
Sport and recreation zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.v a home based business is not a listed use in this zone Nothing further under the planning schemeAssessed against: CairnsPlan 2016 (the whole planning scheme)
Tourism zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.w a home based business is not a listed use in this zone Nothing further under the planning schemeAssessed against: CairnsPlan 2016 (the whole planning scheme)
Waterfront and marine industry zone Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.z a home based business is not a listed use in this zone Nothing further under the planning schemeAssessed against: CairnsPlan 2016 (the whole planning scheme)

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))
  • 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))
  • Hazardous and explosive facilities overlay. A home based business (Emerging community, Low impact industry, Rural residential and Rural zones) or a dual occupancy (Low-medium density residential zone) becomes code assessable. (Tables 5.5.d, i, j, r, s)

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

  • Nothing beyond the planning scheme's own requirements.

More about Cairns

Other projects in Cairns

Granny flatDual occupancySubdivideShed or carportExtensionPoolFence or wallTownhousesShop, café or officeClear treesDemolish

The statewide position on this project: Home business in Queensland.

Read from the CairnsPlan 2016 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.