Townhouses and units in Cairns — do you need approval?
Cairns Regional Council's planning scheme — the CairnsPlan 2016 — decides whether townhouses 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 (impact assessment — neighbours can make submissions). A multiple dwelling (townhouses or units) is not listed in the Low density residential zone table, so it falls under the 'all other uses not otherwise identified' row and needs an impact assessable development application, which the public can comment on.
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
Multiple dwelling. Residential zones first.
| Zone | What the table says | Conditions | What you'll need |
|---|---|---|---|
| Low density residential zone | Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.h | a multiple dwelling (townhouses or units) is not a listed use in this zone | Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme) |
| Low-medium density residential zone | Needs a development application (code assessment) Table 5.5.j | A multiple dwelling (townhouses or units) in the Low-medium density residential zone needs a code assessable development application, assessed against the listed codes without public notification. | Building approvalAssessed against: Low-medium density residential zone code, Applicable local plan codes (where a local plan applies), Multiple dwelling and short-term accommodation 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) |
| Medium density residential zone | Needs a development application (code assessment) Table 5.5.l | A multiple dwelling (townhouses or units) in the Medium density residential zone needs a code assessable development application, assessed against the listed codes without public notification. | Building approvalAssessed against: Medium density residential zone code, Applicable local plan codes (where a local plan applies), Multiple dwelling and short-term accommodation 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) |
| Tourist accommodation zone | Needs a development application (code assessment) Table 5.5.x.1 / 5.5.x.2 | if outside precinct 1 – IslandsIf not met: a development application with impact assessment (neighbours can make submissions). | Building approvalAssessed against: Tourist accommodation zone code, Applicable local plan codes (where a local plan applies), Multiple dwelling and short-term accommodation 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) |
| Rural residential zone | Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.r | a multiple dwelling (townhouses or units) is not a listed use in this zone | Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme) |
| Township zone | Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.y | a multiple dwelling (townhouses or units) is not a listed use in this zone | Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme) |
| Emerging community zone | Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.d | a multiple dwelling (townhouses or units) is not a listed use in this zone | Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme) |
| Community facilities zone | Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.a | a multiple dwelling (townhouses or units) is not a listed use in this zone | Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme) |
| Conservation zone | Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.b | a multiple dwelling (townhouses or units) is not a listed use in this zone | Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme) |
| District centre zone | Needs a development application (code assessment) Table 5.5.c | A multiple dwelling (townhouses or units) in the District centre zone needs a code assessable development application, assessed against the listed codes without public notification. | Building approvalAssessed against: District centre zone code, Applicable local plan codes (where a local plan applies), Multiple dwelling and short-term accommodation code, Centre design 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) |
| 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 multiple dwelling (townhouses or units) is not a listed use in this zone | Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme) |
| High impact industry zone | Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.f | a multiple dwelling (townhouses or units) is not a listed use in this zone | Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme) |
| Local centre zone | Needs a development application (code assessment) Table 5.5.g | A multiple dwelling (townhouses or units) in the Local centre zone needs a code assessable development application, assessed against the listed codes without public notification. | Building approvalAssessed against: Local centre zone code, Applicable local plan codes (where a local plan applies), Multiple dwelling and short-term accommodation code, Centre design 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) |
| Low impact industry zone | Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.i | a multiple dwelling (townhouses or units) is not a listed use in this zone | Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme) |
| Major centre zone | Needs a development application (code assessment) Table 5.5.k | A multiple dwelling (townhouses or units) in the Major centre zone needs a code assessable development application, assessed against the listed codes without public notification. | Building approvalAssessed against: Major centre zone code, Applicable local plan codes (where a local plan applies), Multiple dwelling and short-term accommodation code, Centre design 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) |
| Medium impact industry zone | Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.m | a multiple dwelling (townhouses or units) is not a listed use in this zone | Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme) |
| Mixed use zone | Needs a development application (code assessment) Table 5.5.n.1 / 5.5.n.2 / 5.5.n.3 | if in precinct 1 – Commercial or precinct 3 – ResidentialIf not met: a development application with impact assessment (neighbours can make submissions). | Building approvalAssessed against: Mixed use zone code, Applicable local plan codes (where a local plan applies), Multiple dwelling and short-term accommodation 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) |
| Neighbourhood centre zone | Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.o | a multiple dwelling (townhouses or units) is not a listed use in this zone | Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme) |
| Open space zone | Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.p | a multiple dwelling (townhouses or units) is not a listed use in this zone | Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme) |
| Principal centre zone | Needs a development application (code assessment) Table 5.5.q | A multiple dwelling (townhouses or units) in the Principal centre zone needs a code assessable development application, assessed against the listed codes without public notification. | Building approvalAssessed against: Principal centre zone code, Applicable local plan codes (where a local plan applies), Multiple dwelling and short-term accommodation code, Centre design 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) |
| Rural zone | Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.s | a multiple dwelling (townhouses or units) is not a listed use in this zone | Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme) |
| Special purpose zone | Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.t.1 | a multiple dwelling (townhouses or units) is not a listed use in this zone | Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme) |
| Specialised centre zone | Needs a development application (code assessment) Table 5.5.u.1 / 5.5.u.2 / 5.5.u.3 | if in precinct 1 – Hospitals and allied medical or precinct 3 – James Cook UniversityIf not met: a development application with impact assessment (neighbours can make submissions). | Building approvalAssessed against: Specialised centre zone code, Applicable local plan codes (where a local plan applies), Multiple dwelling and short-term accommodation 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) |
| Sport and recreation zone | Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.v | a multiple dwelling (townhouses or units) is not a listed use in this zone | Building approvalAssessed against: CairnsPlan 2016 (the whole planning scheme) |
| Tourism zone | Needs a development application (impact assessment — neighbours can make submissions) Table 5.5.w | a multiple dwelling (townhouses or units) is not a listed use in this zone | Building approvalAssessed 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 multiple dwelling (townhouses or units) is not a listed use in this zone | Building approvalAssessed 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))
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
- Building approval
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 occupancySubdivideShed or carportExtensionPoolFence or wallHome businessShop, café or officeClear treesDemolish
The statewide position on this project: Townhouses 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.