Subdividing land in Cairns — do you need approval?
Cairns Regional Council's planning scheme — the CairnsPlan 2016 — decides whether a subdivision 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
Needs a development application (code assessment). Subdividing land in the Low density residential zone needs a code assessable development application, assessed against the Reconfiguring a lot code (which sets lot sizes); it becomes impact assessable if a new lot would be under 600 m² in the Freshwater or Stratford neighbourhood character areas.
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
Reconfiguring a lot. Residential zones first.
| Zone | What the table says | Conditions | What you'll need |
|---|---|---|---|
| Low density residential zone | Needs a development application (code assessment) Table 5.5.h | unless a resulting lot is under 600 m² (excluding any access strip) in Neighbourhood character area 6 – Freshwater or 11 – StratfordIf not met: a development application with impact assessment (neighbours can make submissions). | Survey plan; Infrastructure charges; Operational worksAssessed against: Low density residential zone code, Applicable local plan codes (where a local plan applies), Environmental performance code, Excavation and filling code, Infrastructure works code, Landscaping code, Reconfiguring a lot code, Applicable overlay codes (where the overlay is mapped on the lot) |
| Low-medium density residential zone | Needs a development application (code assessment) Table 5.5.j | unless a resulting lot is under 450 m² (excluding any access strip) in Neighbourhood character area 6 – Freshwater or 11 – StratfordIf not met: a development application with impact assessment (neighbours can make submissions). | Survey plan; Infrastructure charges; Operational worksAssessed against: Low-medium density residential zone code, Applicable local plan codes (where a local plan applies), Environmental performance code, Excavation and filling code, Infrastructure works code, Landscaping code, Reconfiguring a lot code, Applicable overlay codes (where the overlay is mapped on the lot) |
| Medium density residential zone | Needs a development application (code assessment) Table 5.5.l | Subdividing land in the Medium density residential zone needs a code assessable development application, assessed against the Reconfiguring a lot code, which sets the lot sizes. | Survey plan; Infrastructure charges; Operational worksAssessed against: Medium density residential zone code, Applicable local plan codes (where a local plan applies), Environmental performance code, Excavation and filling code, Infrastructure works code, Landscaping code, Reconfiguring a lot code, Applicable overlay codes (where the overlay is mapped on the lot) |
| Tourist accommodation zone | Needs a development application (code assessment) Table 5.5.x.1 / 5.5.x.2 | if outside precinct 1 – Islands; in the Islands precinct a subdivision is impact assessable (a boundary realignment is code assessable)If not met: a development application with impact assessment (neighbours can make submissions). | Survey plan; Infrastructure charges; Operational worksAssessed against: Tourist accommodation zone code, Applicable local plan codes (where a local plan applies), Environmental performance code, Excavation and filling code, Infrastructure works code, Landscaping code, Reconfiguring a lot code, Applicable overlay codes (where the overlay is mapped on the lot) |
| Rural residential zone | Needs a development application (code assessment) Table 5.5.r | Subdividing land in the Rural residential zone needs a code assessable development application, assessed against the Reconfiguring a lot code, which sets the lot sizes. | Survey plan; Infrastructure charges; Operational worksAssessed against: Rural residential zone code, Applicable local plan codes (where a local plan applies), Environmental performance code, Excavation and filling code, Infrastructure works code, Landscaping code, Reconfiguring a lot code, Applicable overlay codes (where the overlay is mapped on the lot) |
| Township zone | Needs a development application (code assessment) Table 5.5.y | Subdividing land in the Township zone needs a code assessable development application, assessed against the Reconfiguring a lot code, which sets the lot sizes. | Survey plan; Infrastructure charges; Operational worksAssessed against: Township zone code, Applicable local plan codes (where a local plan applies), Environmental performance code, Excavation and filling code, Infrastructure works code, Landscaping code, Reconfiguring a lot code, Applicable overlay codes (where the overlay is mapped on the lot) |
| Emerging community zone | Needs a development application (code assessment) Table 5.5.d | Subdividing land in the Emerging community zone needs a code assessable development application, assessed against the Reconfiguring a lot code, which sets the lot sizes. | Survey plan; Infrastructure charges; Operational worksAssessed against: Emerging community zone code, Applicable local plan codes (where a local plan applies), Environmental performance code, Excavation and filling code, Infrastructure works code, Landscaping code, Reconfiguring a lot code, Applicable overlay codes (where the overlay is mapped on the lot) |
| Community facilities zone | Needs a development application (code assessment) Table 5.5.a | Subdividing land in the Community facilities zone needs a code assessable development application, assessed against the Reconfiguring a lot code, which sets the lot sizes. | Survey plan; Infrastructure charges; Operational worksAssessed against: Community facilities zone code, Applicable local plan codes (where a local plan applies), Environmental performance code, Excavation and filling code, Infrastructure works code, Landscaping code, Reconfiguring a lot code, Applicable overlay codes (where the overlay is mapped on the lot) |
| Conservation zone | Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.b | a subdivision creating new lots; a boundary realignment or a lease over 10 years for a telecommunications facility is code assessable instead | Survey plan; Infrastructure charges; Operational worksAssessed against: CairnsPlan 2016 (the whole planning scheme) |
| District centre zone | Needs a development application (code assessment) Table 5.5.c | Subdividing land in the District centre zone needs a code assessable development application, assessed against the Reconfiguring a lot code, which sets the lot sizes. | Survey plan; Infrastructure charges; Operational worksAssessed against: District centre zone code, Applicable local plan codes (where a local plan applies), Environmental performance code, Excavation and filling code, Infrastructure works code, Landscaping code, Reconfiguring a lot code, Applicable overlay codes (where the overlay is mapped on the lot) |
| Environmental management zone | Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.e.1 / 5.5.e.2 / 5.5.e.3 | a subdivision creating new lots; a boundary realignment or a lease over 10 years for a telecommunications facility is code assessable instead | Survey plan; Infrastructure charges; Operational worksAssessed against: CairnsPlan 2016 (the whole planning scheme) |
| High impact industry zone | Needs a development application (code assessment) Table 5.5.f | Subdividing land in the High impact industry zone needs a code assessable development application, assessed against the Reconfiguring a lot code, which sets the lot sizes. | Survey plan; Infrastructure charges; Operational worksAssessed against: High impact industry zone code, Applicable local plan codes (where a local plan applies), Environmental performance code, Excavation and filling code, Infrastructure works code, Landscaping code, Reconfiguring a lot code, Applicable overlay codes (where the overlay is mapped on the lot) |
| Local centre zone | Needs a development application (code assessment) Table 5.5.g | Subdividing land in the Local centre zone needs a code assessable development application, assessed against the Reconfiguring a lot code, which sets the lot sizes. | Survey plan; Infrastructure charges; Operational worksAssessed against: Local centre zone code, Applicable local plan codes (where a local plan applies), Environmental performance code, Excavation and filling code, Infrastructure works code, Landscaping code, Reconfiguring a lot code, Applicable overlay codes (where the overlay is mapped on the lot) |
| Low impact industry zone | Needs a development application (code assessment) Table 5.5.i | Subdividing land in the Low impact industry zone needs a code assessable development application, assessed against the Reconfiguring a lot code, which sets the lot sizes. | Survey plan; Infrastructure charges; Operational worksAssessed against: Low impact industry zone code, Applicable local plan codes (where a local plan applies), Environmental performance code, Excavation and filling code, Infrastructure works code, Landscaping code, Reconfiguring a lot code, Applicable overlay codes (where the overlay is mapped on the lot) |
| Major centre zone | Needs a development application (code assessment) Table 5.5.k | Subdividing land in the Major centre zone needs a code assessable development application, assessed against the Reconfiguring a lot code, which sets the lot sizes. | Survey plan; Infrastructure charges; Operational worksAssessed against: Major centre zone code, Applicable local plan codes (where a local plan applies), Environmental performance code, Excavation and filling code, Infrastructure works code, Landscaping code, Reconfiguring a lot code, Applicable overlay codes (where the overlay is mapped on the lot) |
| Medium impact industry zone | Needs a development application (code assessment) Table 5.5.m | Subdividing land in the Medium impact industry zone needs a code assessable development application, assessed against the Reconfiguring a lot code, which sets the lot sizes. | Survey plan; Infrastructure charges; Operational worksAssessed against: Medium impact industry zone code, Applicable local plan codes (where a local plan applies), Environmental performance code, Excavation and filling code, Infrastructure works code, Landscaping code, Reconfiguring a lot code, Applicable overlay codes (where the overlay is mapped on the lot) |
| Mixed use zone | Needs a development application (code assessment) Table 5.5.n.1 / 5.5.n.2 / 5.5.n.3 | Subdividing land in the Mixed use zone needs a code assessable development application, assessed against the Reconfiguring a lot code, which sets the lot sizes. | Survey plan; Infrastructure charges; Operational worksAssessed against: Mixed use zone code, Applicable local plan codes (where a local plan applies), Environmental performance code, Excavation and filling code, Infrastructure works code, Landscaping code, Reconfiguring a lot code, Applicable overlay codes (where the overlay is mapped on the lot) |
| Neighbourhood centre zone | Needs a development application (code assessment) Table 5.5.o | Subdividing land in the Neighbourhood centre zone needs a code assessable development application, assessed against the Reconfiguring a lot code, which sets the lot sizes. | Survey plan; Infrastructure charges; Operational worksAssessed against: Neighbourhood centre zone code, Applicable local plan codes (where a local plan applies), Environmental performance code, Excavation and filling code, Infrastructure works code, Landscaping code, Reconfiguring a lot code, Applicable overlay codes (where the overlay is mapped on the lot) |
| Open space zone | Needs a development application (code assessment) Table 5.5.p | Subdividing land in the Open space zone needs a code assessable development application, assessed against the Reconfiguring a lot code, which sets the lot sizes. | Survey plan; Infrastructure charges; Operational worksAssessed against: Open space zone code, Applicable local plan codes (where a local plan applies), Environmental performance code, Excavation and filling code, Infrastructure works code, Landscaping code, Reconfiguring a lot code, Applicable overlay codes (where the overlay is mapped on the lot) |
| Principal centre zone | Needs a development application (code assessment) Table 5.5.q | Subdividing land in the Principal centre zone needs a code assessable development application, assessed against the Reconfiguring a lot code, which sets the lot sizes. | Survey plan; Infrastructure charges; Operational worksAssessed against: Principal centre zone code, Applicable local plan codes (where a local plan applies), Environmental performance code, Excavation and filling code, Infrastructure works code, Landscaping code, Reconfiguring a lot code, Applicable overlay codes (where the overlay is mapped on the lot) |
| Rural zone | Needs a development application (code assessment) Table 5.5.s | Subdividing land in the Rural zone needs a code assessable development application, assessed against the Reconfiguring a lot code, which sets the lot sizes. | Survey plan; Infrastructure charges; Operational worksAssessed against: Rural zone code, Applicable local plan codes (where a local plan applies), Environmental performance code, Excavation and filling code, Infrastructure works code, Landscaping code, Reconfiguring a lot code, Applicable overlay codes (where the overlay is mapped on the lot) |
| Special purpose zone | Needs a development application (code assessment) Table 5.5.t.1 | Subdividing land in the Special purpose zone needs a code assessable development application, assessed against the Reconfiguring a lot code, which sets the lot sizes. | Survey plan; Infrastructure charges; Operational worksAssessed against: Special purpose zone code, Applicable local plan codes (where a local plan applies), Environmental performance code, Excavation and filling code, Infrastructure works code, Landscaping code, Reconfiguring a lot code, Applicable overlay codes (where the overlay is mapped on the lot) |
| Specialised centre zone | Needs a development application (code assessment) Table 5.5.u.1 / 5.5.u.2 / 5.5.u.3 | Subdividing land in the Specialised centre zone needs a code assessable development application, assessed against the Reconfiguring a lot code, which sets the lot sizes. | Survey plan; Infrastructure charges; Operational worksAssessed against: Specialised centre zone code, Applicable local plan codes (where a local plan applies), Environmental performance code, Excavation and filling code, Infrastructure works code, Landscaping code, Reconfiguring a lot code, Applicable overlay codes (where the overlay is mapped on the lot) |
| Sport and recreation zone | Needs a development application (code assessment) Table 5.5.v | Subdividing land in the Sport and recreation zone needs a code assessable development application, assessed against the Reconfiguring a lot code, which sets the lot sizes. | Survey plan; Infrastructure charges; Operational worksAssessed against: Sport and recreation zone code, Applicable local plan codes (where a local plan applies), Hazardous and explosive facilities overly code*, Environmental performance code, Excavation and filling code, Infrastructure works code, Landscaping code, Reconfiguring a lot code, Applicable overlay codes (where the overlay is mapped on the lot) |
| Tourism zone | Needs a development application (code assessment) Table 5.5.w | Subdividing land in the Tourism zone needs a code assessable development application, assessed against the Reconfiguring a lot code, which sets the lot sizes. | Survey plan; Infrastructure charges; Operational worksAssessed against: Tourism zone code, Applicable local plan codes (where a local plan applies), Environmental performance code, Excavation and filling code, Infrastructure works code, Landscaping code, Reconfiguring a lot code, Applicable overlay codes (where the overlay is mapped on the lot) |
| Waterfront and marine industry zone | Needs a development application (code assessment) Table 5.5.z | Subdividing land in the Waterfront and marine industry zone needs a code assessable development application, assessed against the Reconfiguring a lot code, which sets the lot sizes. | Survey plan; Infrastructure charges; Operational worksAssessed against: Waterfront and marine industry zone code, Applicable local plan codes (where a local plan applies), Environmental performance code, Excavation and filling code, Infrastructure works code, Landscaping code, Reconfiguring a lot code, Applicable overlay codes (where the overlay is mapped on the lot) |
Overlays that change the answer
- Neighbourhood character overlay — Freshwater (area 6) and Stratford (area 11). A dual occupancy on a lot under 800 m² (Low density residential) or 600 m² (Low-medium density residential), or a subdivision creating a lot under 600 m² (Low density) or 450 m² (Low-medium density), becomes impact assessable. (Tables 5.5.h, 5.5.j)
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
- Survey plan
- Infrastructure charges
- Operational works
More about Cairns
- What can you build in Cairns? Council overview and development applications
- Every Queensland zone explained, with what each council allows and the planning overlays that change the answer
- What Cairns Regional Council charges for a development application, compared with other councils
- A Landbrief site report for your Cairns address — every planning layer that applies to the lot
- Development applications in Edmonton
- Development applications in Clifton Beach
- Development applications in Gordonvale
- Development applications in Edge Hill
- Development applications in Kewarra Beach
- Development applications in Cairns North
- Development applications in Caravonica
- Development applications in Parramatta Park
Other projects in Cairns
Granny flatDual occupancyShed or carportExtensionPoolFence or wallHome businessTownhousesShop, café or officeClear treesDemolish
The statewide position on this project: Subdivide 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.