Subdividing land in Central Highlands — do you need approval?

Zone by zone

Reconfiguring a lot. Residential zones first.

Overlays that change the answer

• Flood hazard overlay. Within a flood risk category the category of development can change. A dwelling house (incl. secondary dwelling) material change of use / building work in the Balance Flood Risk Category is accepted only where the habitable floor is at least 300mm above natural ground level and no filling is involved; in the Low Risk Flood Category dwelling house / dwelling unit / dual occupancy / home based business is accepted only where habitable floor is at least Defined Flood Event + 300mm and no filling. Building work in Medium/High/Very High flood risk categories becomes code assessable. Reconfiguring a lot in any flood risk category is code assessable. Multiple dwelling (townhouses) in Medium/High/Very High flood risk categories becomes impact assessable. Otherwise code assessable unless accepted conditions met. (Table 5.8.1 Overlays — Flood hazard overlay)
• Bushfire hazard overlay. Where within a medium, high, very high or potential impact buffer bushfire hazard area, building work involving a dwelling house, a listed material change of use (accommodation, business, industry, community, recreation activity groups) and reconfiguring a lot must be assessed against the Bushfire hazard overlay code (no change to category but overlay code applies as accepted requirements). (Table 5.8.1 Overlays — Bushfire hazard overlay)
• Heritage overlay. Building work not associated with a material change of use that involves alteration, demolition, relocation or removal of a local heritage place becomes code assessable (against Heritage overlay code) where it would otherwise be accepted subject to requirements. A material change of use involving a local heritage place resulting in such building work also becomes code assessable. Applies to premises that are, or adjoin, a local heritage place. (Table 5.8.1 Overlays — Heritage overlay)
• Airport environs overlay. Within the OLS, runway separation distances, ANEF contours or public safety area, a listed material change of use that would otherwise be accepted or accepted subject to requirements becomes code assessable against the Airport environs overlay code. Mainly affects accommodation, business, industry, community and recreation uses; reconfiguring a lot may also be subject to the overlay code. (Table 5.8.1 Overlays — Airport environs overlay)
• Agriculture overlay. On agricultural land (irrigated / Class A / Class B) a Renewable energy facility becomes impact assessable; other listed changes of use (nature based tourism, permanent plantation, rural industry) that would otherwise be accepted become code assessable against the Agriculture overlay code. Generally no change for ordinary residential projects. (Table 5.8.1 Overlays — Agriculture overlay)
• Biodiversity areas, waterways and wetlands overlay. No change to category, but material change of use (other than in an existing building), reconfiguring a lot and operational work (other than advertising devices) on affected land must be assessed against the Biodiversity areas, waterways and wetlands overlay code. (Table 5.8.1 Overlays — Biodiversity areas, waterways and wetlands overlay)
• Extractive and mineral resources overlay. No change to category, but within a resource/processing, separation or transport route separation area listed material changes of use and reconfiguring a lot must be assessed against the Extractive resources overlay code (dwelling house on an existing lot and home-based business generally exempt). (Table 5.8.1 Overlays — Extractive and mineral resources overlay)
• Regional infrastructure overlay. No change to category, but within electricity infrastructure, wastewater/waste/road/rail/gas buffers or stock routes, listed material changes of use and reconfiguring a lot (often increasing lot numbers or involving sensitive land uses) must be assessed against the Regional infrastructure overlay code (home-based business generally exempt). (Table 5.8.1 Overlays — Regional infrastructure overlay)
• Water resource catchments overlay. No change to category, but within a water resource catchment area listed higher-impact uses and reconfiguring a lot increasing lot numbers, and excavating/filling over 50m³ not associated with an MCU or ROL, must be assessed against the Water resource catchment overlay code. (Table 5.8.1 Overlays — Water resource catchments overlay)

Worth knowing in Central Highlands

Minimum lot sizes, frontages and rectangular developable areas for each zone are set in Table 8.4.3.3.2 (Minimum lot size and dimensions), which was not reproduced in the supplied material, so numeric minimums could not be captured; the Reconfiguring a lot code (section 8.4.3) and Table 8.2.2 govern subdivision of one lot into two. Under the Regulation, subdivision of one lot into two lots is always code assessable (Schedule 10). The Rural zone contains Gemfields Core, Gemfields Frame and Gemfields Balance precincts which materially change the category of assessment for many uses (e.g. dwelling unit, shop, office, food and drink outlet, community uses) — owners in those precincts should check precinct-specific rows. Building work for a dwelling house and Class 10a outbuildings is generally accepted or accepted subject to requirements across all zones (and fully accepted for Class 10a in the Rural zone outside the Gemfields precincts); a building approval under the Building Act 1975 is still required separately. Development that is accepted does not need a development application. Home-based business is accepted subject to requirements in most zones provided it is not a high impact home-based business activity. Where a use is not listed for a zone the 'all other uses / undefined use' row applies, making it impact assessable. Overlay effects apply only to the part of the premises affected, and the highest applicable category prevails where zone and overlay differ. State Vegetation Management Act clearing controls operate separately from the scheme's operational work provisions.

What else you'll need

• Survey plan
• Infrastructure charges
• Operational works

More about Central Highlands

• What can you build in Central Highlands? Council overview and development applications
• Every Queensland zone explained, with what each council allows and the planning overlays that change the answer
• What Central Highlands Regional Council charges for a development application, compared with other councils
• A Landbrief site report for your Central Highlands address — every planning layer that applies to the lot
• Development applications in Emerald
• Development applications in Blackwater
• Development applications in Capella
• Development applications in Springsure
• Development applications in Mackenzie
• Development applications in Rolleston
• Development applications in Bluff
• Development applications in Comet

Other projects in Central Highlands

Granny flatDual occupancyShed or carportExtensionPoolFence or wallHome businessTownhousesShop, café or officeClear treesDemolish

The statewide position on this project: Subdivide in Queensland.