Swimming pools in Mackay — do you need approval?
Mackay Regional Council's planning scheme — the Mackay Region Planning Scheme 2017 — 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 backyard swimming pool needs no planning development application because the scheme does not regulate building work in any zone, unless an overlay applies; a building approval is still needed.
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
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 Section 5.7; section 5.3.2(3) | A backyard swimming pool needs no planning development application because the scheme does not regulate building work in any zone, unless an overlay applies; a building approval is still needed. | Building approval; Pool safety certificate |
| Medium density residential zone | No planning approval needed Section 5.7; section 5.3.2(3) | A backyard swimming pool needs no planning development application because the scheme does not regulate building work in any zone, unless an overlay applies; a building approval is still needed. | Building approval; Pool safety certificate |
| High density residential zone | No planning approval needed Section 5.7; section 5.3.2(3) | A backyard swimming pool needs no planning development application because the scheme does not regulate building work in any zone, unless an overlay applies; a building approval is still needed. | Building approval; Pool safety certificate |
| Rural residential zone | No planning approval needed Section 5.7; section 5.3.2(3) | A backyard swimming pool needs no planning development application because the scheme does not regulate building work in any zone, unless an overlay applies; a building approval is still needed. | Building approval; Pool safety certificate |
| Township zone | No planning approval needed Section 5.7; section 5.3.2(3) | A backyard swimming pool needs no planning development application because the scheme does not regulate building work in any zone, unless an overlay applies; a building approval is still needed. | Building approval; Pool safety certificate |
| Emerging community zone | No planning approval needed Section 5.7; section 5.3.2(3) | A backyard swimming pool needs no planning development application because the scheme does not regulate building work in any zone, unless an overlay applies; a building approval is still needed. | Building approval; Pool safety certificate |
| Community facilities zone | No planning approval needed Section 5.7; section 5.3.2(3) | A backyard swimming pool needs no planning development application because the scheme does not regulate building work in any zone, unless an overlay applies; a building approval is still needed. | Building approval; Pool safety certificate |
| Conservation zone | No planning approval needed Section 5.7; section 5.3.2(3) | A backyard swimming pool needs no planning development application because the scheme does not regulate building work in any zone, unless an overlay applies; a building approval is still needed. | Building approval; Pool safety certificate |
| District centre zone | No planning approval needed Section 5.7; section 5.3.2(3) | A backyard swimming pool needs no planning development application because the scheme does not regulate building work in any zone, unless an overlay applies; a building approval is still needed. | Building approval; Pool safety certificate |
| High impact industry zone | No planning approval needed Section 5.7; section 5.3.2(3) | A backyard swimming pool needs no planning development application because the scheme does not regulate building work in any zone, unless an overlay applies; a building approval is still needed. | Building approval; Pool safety certificate |
| Industry investigation zone | No planning approval needed Section 5.7; section 5.3.2(3) | A backyard swimming pool needs no planning development application because the scheme does not regulate building work in any zone, unless an overlay applies; a building approval is still needed. | Building approval; Pool safety certificate |
| Local centre zone | No planning approval needed Section 5.7; section 5.3.2(3) | A backyard swimming pool needs no planning development application because the scheme does not regulate building work in any zone, unless an overlay applies; a building approval is still needed. | Building approval; Pool safety certificate |
| Low impact industry zone | No planning approval needed Section 5.7; section 5.3.2(3) | A backyard swimming pool needs no planning development application because the scheme does not regulate building work in any zone, unless an overlay applies; a building approval is still needed. | Building approval; Pool safety certificate |
| Major centre zone | No planning approval needed Section 5.7; section 5.3.2(3) | A backyard swimming pool needs no planning development application because the scheme does not regulate building work in any zone, unless an overlay applies; a building approval is still needed. | Building approval; Pool safety certificate |
| Mixed use zone | No planning approval needed Section 5.7; section 5.3.2(3) | A backyard swimming pool needs no planning development application because the scheme does not regulate building work in any zone, unless an overlay applies; a building approval is still needed. | Building approval; Pool safety certificate |
| Neighbourhood centre zone | No planning approval needed Section 5.7; section 5.3.2(3) | A backyard swimming pool needs no planning development application because the scheme does not regulate building work in any zone, unless an overlay applies; a building approval is still needed. | Building approval; Pool safety certificate |
| Open space zone | No planning approval needed Section 5.7; section 5.3.2(3) | A backyard swimming pool needs no planning development application because the scheme does not regulate building work in any zone, unless an overlay applies; a building approval is still needed. | Building approval; Pool safety certificate |
| Principal centre zone | No planning approval needed Section 5.7; section 5.3.2(3) | A backyard swimming pool needs no planning development application because the scheme does not regulate building work in any zone, unless an overlay applies; a building approval is still needed. | Building approval; Pool safety certificate |
| Rural zone | No planning approval needed Section 5.7; section 5.3.2(3) | A backyard swimming pool needs no planning development application because the scheme does not regulate building work in any zone, unless an overlay applies; a building approval is still needed. | Building approval; Pool safety certificate |
| Special purpose zone | No planning approval needed Section 5.7; section 5.3.2(3) | A backyard swimming pool needs no planning development application because the scheme does not regulate building work in any zone, unless an overlay applies; a building approval is still needed. | Building approval; Pool safety certificate |
| Specialised centre zone | No planning approval needed Section 5.7; section 5.3.2(3) | A backyard swimming pool needs no planning development application because the scheme does not regulate building work in any zone, unless an overlay applies; a building approval is still needed. | Building approval; Pool safety certificate |
| Sport and recreation zone | No planning approval needed Section 5.7; section 5.3.2(3) | A backyard swimming pool needs no planning development application because the scheme does not regulate building work in any zone, unless an overlay applies; a building approval is still needed. | Building approval; Pool safety certificate |
| Tourism zone | No planning approval needed Section 5.7; section 5.3.2(3) | A backyard swimming pool needs no planning development application because the scheme does not regulate building work in any zone, unless an overlay applies; a building approval is still needed. | Building approval; Pool safety certificate |
Overlays that change the answer
- 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)
- Flood risk (Finch Hatton) overlay. Building work is accepted in the low or medium flood risk area (and for an open carport or non-habitable extension); in the high or very high flood risk area minor building work or a class 10a building up to 36 m² is accepted subject to requirements and all other building work is code assessable. (Table 5.10.8)
- Heritage and neighbourhood character overlay. On a local heritage place, any building work (including minor building work) is code assessable, and total demolition of a building or demolition of any part visible from a public road or public open space is impact assessable (unless a Queensland Heritage Act exemption certificate applies). (Table 5.10.9)
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
- Pool safety certificate
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
Granny flatDual occupancySubdivideShed or carportExtensionFence or wallHome businessTownhousesShop, café or officeClear treesDemolish
The statewide position on this project: Pool in Queensland.
Read from the Mackay Region Planning Scheme 2017 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.