Swimming pools in Livingstone — do you need approval?

Livingstone Shire Council's planning scheme — the Livingstone Planning Scheme 2018 — decides whether a swimming pool 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

No planning approval needed. A pool is accepted building work not listed in the table, so no planning development application is needed (a building approval is still required).

1. Where is the property? (optional — it makes the answer specific)

I don't know my zone — choose my council instead

Council Zone

The zone is on your rates notice, or a Landbrief site report will find it for you.

Zone by zone

Building work (a swimming pool). Residential zones first.

Zone	What the table says	Conditions	What you'll need
Low Density Residential Zone	No planning approval needed Table 5.6.1	A pool is accepted building work not listed in the table, so no planning development application is needed (a building approval is still required).	Building approval; Pool safety certificate
Low-Medium Density Residential Zone	No planning approval needed Table 5.6.1	A pool is accepted building work not listed in the table, so no planning development application is needed (a building approval is still required).	Building approval; Pool safety certificate
Medium Density Residential Zone	No planning approval needed Table 5.6.1	A pool is accepted building work not listed in the table, so no planning development application is needed (a building approval is still required).	Building approval; Pool safety certificate
Emerging Community Zone	No planning approval needed Table 5.6.1	A swimming pool is not singled out in the building work table so it is accepted development under the scheme, though a building approval and pool safety certificate are still needed.	Building approval; Pool safety certificate
Rural Residential Zone	No planning approval needed Table 5.6.1	A swimming pool is not separately listed so it is accepted development, though a building approval and pool safety rules still apply.	Building approval; Pool safety certificate
Township Zone	No planning approval needed Table 5.6.1	A swimming pool is not separately listed so it is accepted development, though a building approval and pool safety rules still apply.	Building approval; Pool safety certificate
Community Facilities Zone	No planning approval needed Table 5.6.1	A pool is accepted building work needing no planning application (a building approval is still required) unless an overlay applies.	Building approval; Pool safety certificate
District Centre Zone	No planning approval needed Table 5.6.1	A private pool is not separately listed in the building work table, so it is accepted development under the scheme, but a building approval is still required.	Building approval; Pool safety certificate
Environmental Management and Conservation Zone	No planning approval needed Table 5.6.1	A pool is accepted building work needing no planning application (a building approval is still required) unless an overlay applies.	Building approval; Pool safety certificate
Limited Development Zone	No planning approval needed Table 5.6.1	A swimming pool is not singled out in the building work table so it is accepted development under the scheme, though a building approval and pool safety certificate are still needed.	Building approval; Pool safety certificate
Local Centre Zone	No planning approval needed Table 5.6.1	A private pool is not separately listed in the building work table, so it is accepted development under the scheme, but a building approval is still required.	Building approval; Pool safety certificate
Low Impact Industry Zone	No planning approval needed Table 5.6.1	A pool is accepted building work needing no planning application (a building approval is still required) unless an overlay applies.	Building approval; Pool safety certificate
Major Centre Zone	No planning approval needed Table 5.6.1	A private pool is not separately listed in the building work table, so it is accepted development under the scheme, but a building approval is still required.	Building approval; Pool safety certificate
Major Tourism Zone	No planning approval needed Table 5.6.1	A swimming pool is accepted development under the planning scheme (not listed as needing a planning application), but a building approval is still needed.	Building approval; Pool safety certificate
Medium Impact Industry Zone	No planning approval needed Table 5.6.1	A pool is accepted building work needing no planning application (a building approval is still required) unless an overlay applies.	Building approval; Pool safety certificate
Neighbourhood Centre Zone	No planning approval needed Table 5.6.1	A private pool is not separately listed in the building work table, so it is accepted development under the scheme, but a building approval is still required.	Building approval; Pool safety certificate
Open Space Zone	No planning approval needed Table 5.6.1	A swimming pool is not separately listed so it is accepted development, though a building approval and pool safety rules still apply.	Building approval; Pool safety certificate
Rural Zone	No planning approval needed Table 5.6.1	A swimming pool is not separately listed so it is accepted development, though a building approval and pool safety rules still apply.	Building approval; Pool safety certificate
Special Purpose Zone	No planning approval needed Table 5.6.1	A swimming pool is not singled out in the building work table so it is accepted development under the scheme, though a building approval and pool safety certificate are still needed.	Building approval; Pool safety certificate
Specialised Centre Zone	No planning approval needed Table 5.6.1	A swimming pool is not singled out in the building work table so it is accepted development under the scheme, though a building approval and pool safety certificate are still needed.	Building approval; Pool safety certificate
Sport and Recreation Zone	No planning approval needed Table 5.6.1	A pool is accepted building work not listed in the table, so no planning development application is needed (but a building approval is still required).	Building approval; Pool safety certificate

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)
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)
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)
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)

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
Pool safety certificate

More about Livingstone

Other projects in Livingstone

Granny flat Dual occupancy Subdivide Shed or carport Extension Fence or wall Home business Townhouses Shop, café or office Clear trees Demolish

The statewide position on this project: Pool in Queensland.

Read from the Livingstone Planning Scheme 2018 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.