dwelling house guide

Dwelling house guide

Contents 1.0 Introduction .................................................................................................................................................... 3

2.0 What is a dwelling house? ............................................................................................................................. 3

3.0 What building assessment provisions apply to dwelling houses? .................................................................. 3

4.0 What category of development and category of assessment applies to a dwelling house? .......................... 4

4.1 Accepted development ........................................................................................................................ 5 4.2 Assessable development requiring code assessment ........................................................................ 7 4.3 Assessable development requiring impact assessment ...................................................................... 8

5.0 Dwelling house code...................................................................................................................................... 9

6.0 Overlays and overlay codes .......................................................................................................................... 9

7.0 Referrals to Council as a concurrence agency ............................................................................................ 10

7.1 Referral process ................................................................................................................................ 10 8.0 Alternative provisions to the Queensland Development Code (QDC) ......................................................... 11

9.0 Alterations, additions or extensions to dwelling houses ............................................................................... 11

10.0 Secondary dwellings .................................................................................................................................... 12

Attachments Attachment 1 – Questionnaire ................................................................................................................................ 1

Attachment 2 – Dwelling house code ...................................................................................................................22 Disclaimer This document deals with technical matters in a summary way only and has been prepared to assist users and the broader community to understand the operation of the Sunshine Coast Planning Scheme 2014. It is not a legal interpretation on the use of the planning scheme. Some variation to the general guidance provided in this document may occur in some specific situations.

1.0 Introduction This Dwelling House Guide is intended to help users of the Sunshine Coast Planning Scheme 2014 understand how the planning scheme affects building and renovating dwelling houses in the Sunshine Coast region. The guide identifies the sections of the planning scheme that are relevant and, where applicable, summarises the process involved in obtaining a development approval for a dwelling house under the planning scheme. This guide provides information that is expected to cover the usual range of situations for building or renovating a dwelling house. Of course, it is not possible to anticipate every possible situation. If you are unable to find the information you need in this guide, or have any questions, please contact Council’s Development Information Counter on 5475 7526 (5475 PLAN). For more general information and guidance about using and interpreting the Sunshine Coast Planning Scheme 2014, please also refer to the following documents: • Users Guide; and • Frequently Asked Questions.

2.0 What is a dwelling house? Under the Sunshine Coast Planning Scheme 2014, a ‘dwelling house’ is defined in Schedule 1 (Definitions) as follows:

“A residential use of premises for one household that contains a single dwelling. The use includes out-buildings and works normally associated with a dwelling house and may include a secondary dwelling.”

Importantly, for the purposes of the planning scheme, a reference to a ‘dwelling house’ includes a reference to any secondary dwelling1 or home office associated with the dwelling house, and all outbuildings, structures and works normally associated with a dwelling house. Schedule 1 (Definitions) also includes a definition for ‘dwelling’ and ‘household’, which are defined as: ‘Dwelling’:

“A building or part of a building used or capable of being used as a self-contained residence that must include the following:-

(a) food preparation facilities; (b) a bath or shower; (c) a toilet and wash basin; (d) clothes washing facilities.

The term includes outbuildings, structures and works normally associated with a dwelling.” ‘Household’:

“An individual or a group of two or more related or unrelated people who reside in the dwelling, with the common intention to live together on a long-term basis and who make common provision for food or other essentials for living.”

3.0 What building assessment provisions apply to dwelling houses?

Building assessment provisions are stated in section 30 of the Building Act 1975 and are assessment benchmarks for the carrying out of building assessment work or requirements for building work that is accepted

1 Refer to section 10.0 of this guide for further information about secondary dwellings.

development subject to requirements. Table 1.6.1 (Building assessment provisions) in section 1.6 (Building work regulated under the planning scheme) identifies the building assessment provisions that are contained in the planning scheme. This table is reproduced below.

Building assessment matter addressed in the planning scheme

Relevant section of the planning scheme

Flood hazard Identification of part of the planning scheme area as a natural hazard management area (flood).

Schedule 2 Flood hazard overlay maps (flooding and inundation area)

Identification of the level to which floor levels of habitable rooms of a building must be built.

Section 8.2.7 Flood hazard overlay code

Bushfire hazard Designation of part of the planning scheme area as a designated bushfire prone area for the BCA and the QDC.

Schedule 2 Bushfire hazard overlay maps (medium or high bushfire hazard areas)

QDC alternative provisions Alternative provisions to the QDC for boundary clearance (setback) and site cover provisions for a dwelling house or a class 10 building or structure located on the same lot as a dwelling house.

Section 9.3.6 Dwelling house code

Provisions about performance criteria 4 and 8 under parts 1.1 and 1.2 of the QDC for a dwelling house or a class 10 building or structure located on the same lot as a dwelling house.


Additional water saving targets for a dwelling house located on a lot in a non-urban zone and reticulated water supply is not available.


Amenity and aesthetics provisions

Amenity and aesthetics provisions for a dwelling house or a class 10 building or structure located on the same lot as a dwelling house.


Where relevant, the above building assessment provisions will apply to building work involving a dwelling house.

4.0 What category of development and category of assessment applies to a dwelling house?

The category of development and category of assessment refers to whether development is: • accepted development (which may or may not be subject to requirements); • assessable development requiring code or impact assessment; or • prohibited development2. Under the Sunshine Coast Planning Scheme 2014, the category of development and category of assessment involving a dwelling house on any given site will depend on a number of factors, including: • the zoning of the site; • whether the development is minor building work, building work or a material change of use; • whether the dwelling house complies with the relevant acceptable outcomes in the relevant parts of the

applicable code(s) that are identified in the “assessment benchmarks for assessable development and requirements for accepted development column”; and

• whether any mapped overlays apply to the site (noting that overlays may change the category of development and category of assessment).

2 Under the Sunshine Coast Planning Scheme 2014, there are no circumstances under which development involving a dwelling house is

prohibited development.

4.1. Accepted development Accepted development not subject to requirements Accepted development that is not identified as being subject to requirements by the tables of assessment in Part 5 of the planning scheme (indicated by “no requirements applicable” in the “assessment benchmarks for assessable development and requirements for accepted development” column in the relevant table/s), does not require a development approval under the planning scheme, but may require a building development approval under the Building Regulation 2006 (refer Schedule 2) or other State legislation. The circumstances where development involving a dwelling house is accepted development under the Planning Regulation 2017 are outlined below. Material change of use Under Schedule 6, Part 2, Section 2(2) of the Planning Regulation 2017, a material change of use for a dwelling house and associated outbuildings does not require assessment against a planning scheme if the following circumstances apply: • the use is for a residential purpose in a residential zone3; • for an existing dwelling house, the material change of use involves the repair, renovation, alteration or

addition to the building; • for the building of a new house, there is no existing dwelling house on the premises; • the development is not accepted development under a planning scheme, temporary local planning

instrument, master plan or a variation approval; and • either:

- no overlay (other than an overlay about bushfire hazard), as identified in the planning scheme, and relevant to the assessment of the material change of use, applies to the premises; or

- only an overlay about bushfire hazard applies to the premises and the premises are less than 2,000m2.

To help determine whether a material change of use for a dwelling house and associated outbuildings is accepted development that is not subject to requirements as identified in Schedule 6, Part 2, Section 2(2) of the Planning Regulation 2017, please refer to the questionnaire included as Attachment 1 to this guide. It should be noted that while a dwelling house may not require a development approval for material change of use under the planning scheme, building work for the dwelling house may require referral to Council as a concurrence agency. The role of Council as a concurrence agency for certain building applications is further explained in section 7.0 of this guide. Minor building work Minor alterations, additions or extensions to an existing dwelling house are likely to be defined as “minor building work” under the Sunshine Coast Planning Scheme 2014, which means:

“An alteration, addition or extension to an existing building(s):

(a) which results in an increase in the gross floor area, of the building(s) of less than five per cent of the gross floor area of the existing building(s) or 50m², whichever is the lesser; and

(b) where the building work does not intrude into any boundary setback specified as an acceptable solution in an applicable use code.

3 Under the Planning Regulation 2017, “residential zone” means premises, however described, designated in a local categorising

instrument as residential. For the purposes of Schedule 6, Part 2, Section 2(2) of the Planning Regulation 2017 the following zones in the planning scheme are considered to be a “residential zone”:

(a) Low density residential zone; (b) Medium density residential zone; (c) High density residential zone; (d) Tourist accommodation zone; (e) Emerging community zone; and (f) Rural residential zone.

In accordance with Table 5.7.1 (Building work) in Part 5 (Tables of assessment) of the Sunshine Coast Planning Scheme 2014, minor building work is accepted development. However, in accordance with Table 5.10.1 (Overlays) in Part 5 (Tables of assessment), this category of assessment may be changed by the Height of Buildings and Structures Overlay or the Heritage and Character Areas Overlay, in the following limited circumstances: • the minor building work will result in the dwelling house exceeding the maximum height limit specified for

the site on the relevant Height of Buildings and Structures Overlay Map—in which case, the minor building work will be impact assessable development under the planning scheme and require a development application to be made to Council; or

• the minor building work involves a local heritage place as identified on a Heritage and Character Areas Overlay Map—in which case, the minor building work will be code assessable development under the planning scheme and require a development application to be made to Council.

Accepted development subject to requirements Accepted development that is identified as being subject to requirements by the tables of assessment in Part 5 does not require a development approval under the planning scheme, but must comply with the relevant acceptable outcomes of the identified applicable code(s). The circumstances under which development involving a dwelling house is accepted development subject to requirements under the Sunshine Coast Planning Scheme 2014 are outlined below. Material change of use In accordance with the tables of assessment in section 5.5 (Categories of development and categories of assessment – material change of use) of the Sunshine Coast Planning Scheme 2014, a material change of use for a dwelling house (e.g. a new dwelling house on a vacant lot, a new dwelling house replacing an existing dwelling house, or the addition of a secondary dwelling on a lot) is accepted development subject to requirements in the following zones: • Low density residential zone; • Medium density residential zone; • High density residential zone; • Tourist accommodation zone; • Emerging community zone; • Limited development (landscape residential) zone; • Rural zone; and • Rural residential zone. However, as explained elsewhere in this guide, this provisional category of development may be changed under the following circumstances: (a) the relevant acceptable outcomes of the Dwelling house code or any applicable overlay codes are not able

to be complied with (and the development is not otherwise declared to be accepted development under Schedule 6 or subject to a referral to Council as a concurrence agency under Schedule 9 of the Planning Regulation 2017); or

(b) the category of development is changed by the acid sulfate soils overlay, airport environs overlay, height of buildings and structures overlay or heritage and character areas overlay in accordance with Table 5.10.1 (Overlays) in Part 5 (Tables of assessment) of the planning scheme.

Building work not associated with a material change of use Where alterations, additions or extensions to a dwelling house are involved, and this work is not otherwise defined as “minor building work” (refer to section 4.1 of this guide), this building work is accepted development subject to requirements in accordance with Table 5.7.1 (Building work) in Part 5 (Tables of assessment) of the Sunshine Coast Planning Scheme 2014. However, in limited circumstances, this category of development may be changed by the Height of Buildings and Structures Overlay or the Heritage and Character Areas Overlay as follows: • the building work will result in the dwelling house exceeding the maximum height limit specified for the

site on the relevant Height of Buildings and Structures Overlay Map—in which case, the building work will be assessable development subject to impact assessment under the planning scheme and require a development application to be made to Council; or

• the building work involves a local heritage place as identified on a Heritage and Character Areas Overlay Map—in which case, the building work will be assessable development subject to code assessment under the planning scheme and require a development application to be made to Council.

4.2. Assessable development requiring code assessment Assessable development requiring code assessment requires a development approval under the planning scheme, and is assessed against the assessment benchmarks (codes) identified as being applicable to the development. The limited circumstances under which development involving a dwelling house is assessable development subject to code assessment under the Sunshine Coast Planning Scheme 2014 are outlined below. Material change of use – where not complying with the relevant acceptable outcomes of the applicable codes. As a general rule, under the Sunshine Coast Planning Scheme 2014, where accepted development subject to requirements does not comply with one or more of the relevant acceptable outcomes of the applicable codes, the development becomes assessable development requiring code assessment4. However, as noted in section 4.1 of this guide, under Schedule 6 of the Planning Regulation 20175, a material change of use for a dwelling house and associated outbuildings does not require assessment against a planning scheme in certain circumstances. Where these circumstances apply, a material change of use for a dwelling house that would normally become assessable development requiring code assessment for not complying with one or more relevant acceptable outcomes of the Dwelling house code would instead not require assessment against the planning scheme. However, under Schedule 9 of the Planning Regulation 20176, building work for a dwelling house will require referral to Council as a concurrence agency, if the material change of use associated with the building work would have required a development approval under the planning scheme if Schedule 6, Part 2, Section 2(2) of the Planning Regulation 2017 did not apply for the use. The role of Council as a concurrence agency for certain building applications is further explained in section 7.0 of this guide.

4 Refer to section 5.3.3 (2) (Determining any requirements for accepted development and the assessment benchmarks for

assessable development) of the planning scheme. 5 Refer to Schedule 6, Part 2, Section 2(2) of the Planning Regulation 2017. 6 Refer to Schedule 9, Division 2, Table 8 of the Planning Regulation 2017

Material change of use – where identified as assessable development requiring code assessment by an overlay Under the Sunshine Coast Planning Scheme 2014, there are limited circumstances where the presence of a particular overlay will change the category of development for a material change of use for a dwelling house to assessable development requiring code assessment7. These circumstances are identified Table 5.10.1 (Overlays) in Part 5 (Tables of assessment) of the planning scheme as follows: • acid sulfate soils overlay – the site is affected by acid sulfate soils Area 1 or Area 2, as identified on an

Acid Sulfate Soils Overlay Map, and proposed filling or excavation associated with the dwelling house exceeds the thresholds stated in the table (in practice, it is highly unlikely that work normally associated with a dwelling house will exceed these filling or excavation thresholds);

• airport environs overlay – the site is within the outer limits of an obstacle limitation surface, as identified on an Airport Environs Overlay Map, and the dwelling house will involve buildings, structures or works over 12 metres in height;

• airport environs overlay – the site is within a public safety area, as identified on an Airport Environs Overlay Map;

• heritage and character areas overlay – the site is a local heritage place, as identified on a Heritage and Character Areas Overlay Map, and the change of use will not involve the demolition, relocation or removal of a heritage place; or

• heritage and character areas overlay – the site is within a neighbourhood character area, as identified on a Heritage and Character Areas Overlay Map, and the change of use will not involve the demolition, relocation or removal of a character building.

Minor building work and Building work As noted in section 4.1 of this guide, under the Sunshine Coast Planning Scheme 2014: • minor building work associated with a dwelling house is generally accepted development not subject to

requirements under the planning scheme; and • building work (that is not otherwise defined as minor building work) associated with a dwelling house is

generally accepted development subject to requirements. However, in accordance with Table 5.10.1 (Overlays) in Part 5 (Tables of assessment) of the planning scheme, these categories of development may be changed to assessable development requiring code assessment by the Heritage and Character Areas Overlay. In particular, where the building work (or minor building work) involves a local heritage place, as identified on a Heritage and Character Areas Overlay Map, the building work will become assessable development requiring code assessment.

4.3. Assessable development requiring impact assessment Assessable development requiring impact assessment requires a development approval under the planning scheme, and is assessed against the entire planning scheme (to the extent relevant). In addition, public notification of the development application must be undertaken. The circumstances under which development involving a dwelling house is assessable development requiring impact assessment under the Sunshine Coast Planning Scheme 2014 are outlined below. Material change of use Under the Sunshine Coast Planning Scheme 2014, a material change of use for a dwelling house (e.g. a new dwelling house on a vacant lot) is assessable development requiring impact assessment in the following circumstances:

7 Refer to Table 5.10.1 (Overlays) in Part 5 (Tables of assessment) of the planning scheme

• the proposed dwelling house is located in a zone not listed in section 4.1 of this guide; or • the proposed height of buildings and structures will result in the dwelling house exceeding the maximum

height limit specified for the site on the relevant Height of Buildings and Structures Overlay Map; or • the site is a local heritage place as identified on a Heritage and Character Areas Overlay Map and the

change of use will result in building work involving demolition, relocation or removal of a heritage place; or

• the site is within a neighbourhood character area as identified on a Heritage and Character Areas Overlay Map and the change of use will result in building work involving demolition, relocation or removal of a character building8.

Minor building work and Building work Under the Sunshine Coast Planning Scheme 2014, minor building work and building work for a dwelling house where not associated with a material change of use is assessable development requiring impact assessment in the following circumstances: • the building work (or minor building work) will result in the dwelling house exceeding the maximum height

limit specified for the site on the relevant Height of Buildings and Structures Overlay Map; or • the site is a local heritage place as identified on a Heritage and Character Areas Overlay Map and the

building work involves the demolition, relocation or removal of a heritage place.

5.0 Dwelling house code Under the Sunshine Coast Planning Scheme 2014, most of the provisions applying to a dwelling house are contained in the Dwelling house code. The Dwelling house code includes overall outcomes, performance outcomes (qualitative statements) and acceptable outcomes (quantitative standards). The range of matters covered by the Dwelling house code includes: • height of buildings and structures; • garages, carports and sheds; • setbacks in residential zones; • setbacks in the Rural zone and Rural residential zone; • setbacks to canals and artificial waterways; • services and utilities; • access and car parking; • tennis courts and sports courts; • secondary dwellings; • filling or excavation; and • additional requirements for dwelling houses in the Blackall Range local plan area and in identified local

plan precincts in Buderim (Gloucester Road South) and Caloundra (Moffat Beach/Shelly Beach). The Dwelling house code is included as an attachment to this guide (refer to Attachment 2).

6.0 Overlays and overlay codes As explained in section 4 of this guide, in limited circumstances, certain overlays in the Sunshine Coast Planning Scheme 2014 may change the category of development and/or category of assessment for a material change of use or building work for a dwelling house (and therefore trigger a development application under the planning scheme). Refer to Table 5.10.1 (Overlays) in Part 5 (Tables of assessment) of the planning scheme for specific details. In addition, certain overlays may not have the effect of changing the category of development or category of assessment, but may include additional requirements for accepted development (in addition to those contained in the Dwelling house code) that need to be complied with.

8 Character building is defined in Schedule 1 (Definitions) of the planning scheme and means a building within a character area that

contributes to and reinforces the identified and predominant character of the area. The term includes those buildings identified as character buildings in the significance statements for neighbourhood character areas in the Planning scheme policy for the Heritage and character areas overlay code.

The table below summarises the overlays that may change the category of development or category of assessment or provide additional requirements for accepted development for dwelling houses. Overlay Change to category of development/

assessment Additional requirements for accepted development in overlay code?

Acid sulfate soils overlay Yes – in certain circumstances. Refer to section 4 of this guide

No

Airport environs overlay Yes – in certain circumstances. Refer to section 4 of this guide

No

Biodiversity, waterways and wetlands overlay

No change Yes

Bushfire hazard overlay No change Yes Coastal protection overlay No change Yes Flood hazard overlay No change Yes Height of buildings and structures overlay

Yes – in certain circumstances. Refer to section 4 of this guide.

No

Heritage and character areas overlay

Yes – in certain circumstances. Refer to section 4 of this guide.

No

Landslide hazard and steep land overlay

No change Yes

7.0 Referrals to Council as a concurrence agency As mentioned earlier in this guide, there are situations where, rather than requiring a development approval under the planning scheme, development involving a dwelling house will instead require a referral to Council as a concurrence agency in accordance with Schedule 9 of the Planning Regulation 2017. Circumstances under which a referral to Council as a concurrence agency may be required for a dwelling house include, but are not limited to: • where an alternative provision to the Queensland Development Code (QDC) applies under the planning

scheme for the siting of a dwelling house and the proposed building or structure does not comply with the alternative provision9,13 (refer to section 8.0 of this guide for further details);

• the planning scheme includes a provision about a matter provided for under performance criteria 4, 5, 7, 8 or 9 of the QDC, part 1.1 or part 1.210; or

• for development that would have been assessable under the planning scheme if Schedule 6, Part 2, Section 2(2) of the Planning Regulation 2017 did not apply11.

7.1. Referral process Where a concurrence agency referral to Council is required for a dwelling house or outbuilding under the Planning Regulation 2017, the applicant (usually the building certifier) needs to complete Council’s Request for Concurrence Agency Response (Building Work) form and the referral needs to be accompanied by the relevant fee (as prescribed in the Council’s current fees and charges register). Council’s Request for Concurrence Agency Response (Building Work) form can be accessed and downloaded from Council’s website. In its concurrence agency role, Council will: • consider whether the proposed dwelling house or outbuilding complies with the corresponding

performance outcomes (qualitative statements) of the Dwelling house code; and • issue a concurrence agency response to the assessment manager (building certifier) which may include

9 Refer to Schedule 9, Division 2, Table 3 of the Planning Regulation 2017. 10 Refer to Schedule 9, Division 2, Table 3 of the Planning Regulation 2017. In this regard, the Dwelling house code includes provisions

about building height and on-site parking (performance criteria 4 and 8 respectively of the QDC, part 1.1 and part 1.2). 11 Refer to Schedule 9, Division 2, Table 8 of the Planning Regulation 2017.

conditions to be imposed in the development approval or direct refusal of the application.

8.0 Alternative provisions to the Queensland Development Code (QDC)

The Building Act 197512 states that a planning scheme may include provisions (referred to as “alternative provisions”) for a dwelling house and associated outbuildings that are alternative or different to the Queensland Development Code (QDC) boundary clearance and site cover provisions. Under the Sunshine Coast Planning Scheme 2014, the Dwelling house code does not include alternative provisions to the QDC for site cover. However, the Dwelling house code does include the following alternative provisions to the QDC in relation to boundary clearances13:

Alternative provisions to the QDC in the Dwelling house code (Table 9.3.6.3.1)

Subject matter

Acceptable outcome AO2.1 Road frontage setbacks for a garage, carport or shed in a residential zone.

Acceptable outcome AO3 Road frontage setbacks for a dwelling house (other than a garage, carport or shed) in a residential zone.

Acceptable outcomes AO4.1 and AO4.2 Road frontage setbacks for a dwelling house (including any associated garage, carport or shed) in the Rural zone and Rural residential zone.

Acceptable outcomes AO5.1 and AO5.2 Side and rear boundary setbacks for a dwelling house (including any associated garage, carport or shed) in the Rural zone or Rural residential zone.

Acceptable outcome AO6 Setbacks to canals and artificial waterway/waterbody. Acceptable outcome AO14 Road frontage setbacks for a dwelling house (including any

garage, carport or shed) in the Buderim local plan area (Precinct BUD LPP-1 (Gloucester Road South)).

Acceptable outcome AO15.1 Road frontage setbacks for a dwelling house (including any garage, carport or shed) in the Caloundra local plan area (Precinct CAL LPP-4 (Moffat Beach/Shelly Beach)).

Where a proposed dwelling house or associated outbuilding does not comply with one or more of the alternative provisions of the Dwelling house code (i.e. the acceptable outcomes listed in the above table), the building work application will require a referral to Council as a concurrence agency under Schedule 9 of the Planning Regulation 201714.

9.0 Alterations, additions or extensions to dwelling houses In most cases, alterations, additions or extensions to an existing dwelling house are unlikely to be a material change of use15, but will involve either minor building work or building work. Under the Sunshine Coast Planning Scheme 2014, “minor building work” means:

“An alteration, addition or extension to an existing building(s): (a) which results in an increase in the gross floor area, of the building(s) of less than five per

cent of the gross floor area of the existing building(s) or 50m², whichever is the lesser; and (b) where the building work does not intrude into any boundary setback specified as an

acceptable solution in an applicable use code. Minor building work associated with a dwelling house is accepted development under the planning scheme, except in limited circumstances where the Height of Buildings and Structures Overlay or the Heritage and Character Areas Overlay may change the category of development (refer to section 4.1 of this guide for further details).

12 Refer to section 33(2) (Alternative provisions to QDC boundary clearance and site cover provisions for particular buildings) of the

Building Act 1975. 13 Under the planning scheme, boundary clearances are referred to as “setbacks”. 14 Refer to Schedule 9, Division 2, Table 3 of the Planning Regulation 2017. 15 An alteration, addition or extension to an existing dwelling house involving a secondary dwelling is considered to be a material change

of use. Refer to section 10.0 of this guide for further details.

Alterations, additions or extensions to an existing dwelling house that are not defined as “minor building work” are generally accepted development subject to requirements under the Sunshine Coast Planning Scheme 2014, with the Dwelling house code being the applicable code. However, as with minor building work, this category of development may be changed by the Height of Buildings and Structures Overlay or the Heritage and Character Areas Overlay (refer to section 4.2 of this guide for further details).

10.0 Secondary dwellings Under the Sunshine Coast Planning Scheme 2014, a “secondary dwelling” is included in the use definition of a dwelling house. In turn, a “secondary dwelling” is defined in the planning scheme as:

“A dwelling used in conjunction with, and subordinate to, a dwelling house on the same lot. A secondary dwelling may be constructed under a dwelling house, be attached to a dwelling house or be freestanding.”

A “dwelling” is also defined in the planning scheme and means a building or part of a building used or capable of being used as a self-contained residence that must include food preparation facilities, a bath or shower, a toilet and wash basin and clothes washing facilities. For the purposes of the planning scheme, the addition of a secondary dwelling on the same lot as an existing dwelling house is considered to be a material change of use. Whilst being a self-contained residence, a secondary dwelling is not the same as a dual occupancy (e.g. duplex), which is separately defined in the Sunshine Coast Planning Scheme 2014. In particular, a secondary dwelling (commonly known as a ‘granny flat’ or ‘annexed unit’) is intended to be small in scale and clearly ancillary to the dwelling house on the same lot. Another key point of difference is that a secondary dwelling cannot be separately titled. Performance outcome PO11 and acceptable outcomes AO11.1 to AO11.4 of the Dwelling house code include specific provisions for secondary dwellings. Acceptable outcome AO15.2 of the Dwelling house code provides additional requirements for secondary dwellings proposed in the Moffat Beach/Shelly Beach local plan precinct in the Caloundra local plan area. Where proposed to be located in a residential zone, and meeting the requirements of Schedule 6, Part 2, Section 2(2) of the Planning Regulation 2017, a secondary dwelling will not require assessment against the planning scheme. However, where not complying with one or more of the relevant acceptable outcomes of the Dwelling house code, the proposed building work will require a referral to Council as a concurrence agency in accordance with Schedule 9 of the Planning Regulation 2017.

Attachment 1 – Questionnaire

DWELLING HOUSES & ASSOCIATED STRUCTURES UNDER SUNSHINE COAST PLANNING SCHEME APPLICATION PROCESS & SCHEDULE 6 APPLICABILITY (Planning Regulation 2017)

Questions Answers

1. Does the proposal involve one or more of the following: • Class 1a (dwelling house, secondary dwelling/granny flat) • Class 10 (garage, carport, shed, etc)

Yes Go to Question 2.

No Schedule 6, Part 2, Section 2(2) DOES NOT APPLY.

2. Does the proposal involve a MATERIAL CHANGE OF USE (e.g. new use, material increase in scale or intensity)? For example:

• a new dwelling house on a vacant lot; or • a new dwelling house replacing an existing dwelling house on a

lot; or • a new secondary dwelling on a lot.


No Schedule 6, Part 2, Section 2(2) DOES NOT APPLY. Proposal may involve: • minor building work; or • building work regulated under the

planning scheme.

3. Does the proposal result in more than one dwelling house on the lot?

Yes Schedule 6, Part 2, Section 2(2) DOES NOT APPLY. Development permit for MCU for dual occupancy required.

No Go to Question 4.

4. Is the proposal located in a Residential Zone or precinct**? This includes the following: • Low Density Residential, Medium Density Residential, High

Density Residential, Tourist Accommodation, Emerging Community and Rural Residential;

• any residential precinct identified in a structure plan or master plan or variation approval.

**Note: DCP1 Kawana Waters is EXCLUDED.


No Schedule 6, Part 2, Section 2(2) DOES NOT APPLY. The category of development and category of assessment nominated in Part 5 Tables of Assessment, or, the relevant TOA in a structure plan or master plan or variation approval applies to the material change of use.

5. Does the Planning Scheme (or variation approval) trigger the requirement for a development permit for a MCU that is either assessable development requiring code or impact assessment because:

(a) Dwelling house is nominated as being either assessable

development requiring code or impact assessment in the relevant table of assessment for MCU (refer to sections 5.5 and 5.9 of the Sunshine Coast Planning Scheme, or, the relevant TOA in a structure plan or master plan or variation approval); OR

(b) Dwelling house BECOMES assessable development requiring

code assessment because the proposal does not meet the acceptable outcomes** in the Dwelling house code (or applicable code in the structure plan or master plan or variation approval).

**Note: This EXCLUDES where the proposal does not meet the acceptable outcomes that are alternative provisions to QDC boundary clearance and site cover provisions. In the Dwelling house code these are AO2.1, AO3, AO4.1, AO4.2, AO5.1, AO5.2, AO6, AO14 and AO15.1. If the area(s) of non-compliance with the Dwelling house code are limited to these alternative provisions, then the building application is referred to Council

Yes Go to Question 6. No Schedule 6, Part 2, Section 2(2) DOES NOT

APPLY. However, a development permit for a MCU (subject to code or impact assessment) may be required due to the effect of certain overlays. Question 7 lists the instances where this may occur.

AA-1

DWELLING HOUSES & ASSOCIATED STRUCTURES UNDER SUNSHINE COAST PLANNING SCHEME APPLICATION PROCESS & SCHEDULE 6 APPLICABILITY (Planning Regulation 2017)

Questions Answers as a concurrence agency under Schedule 9, Division 2, Table 3 of the Planning Regulation 2017.

6(a) Is the site less than 2000m² in area? Yes Go to Question 6(b). No Go to Question 7.

6(b) Is the dwelling house within a medium or high bushfire hazard area or bushfire hazard area buffer, and is this the ONLY overlay relevant to the proposal (i.e. NONE of the overlays mentioned in Question 7 apply)?

Yes Schedule 6 Part 2, Section 2(2) APPLIES** No Go to Question 7.

7. Does the Planning Scheme trigger the requirement for a development permit for a MCU that is assessable development requiring code or impact assessment because:

(a) a MCU for Dwelling house is identified as assessable

development requiring code or impact assessment in Section 5.10 Levels of assessment – overlays in the Sunshine Coast Planning Scheme because one or more of the following circumstances apply:

• Acid sulfate soils overlay - where the excavation or filling

criteria apply; • Airport environs overlay – where within the outer limits

of OLS (and where the dwelling house is over 12m in height);

• Airport environs overlay – where within a public safety area;

• Height of buildings and structures overlay – the dwelling house exceeds the maximum height on the applicable overlay map;

• Heritage and character areas overlay – if involving a local heritage place, or, if within a neighbourhood character area; AND/OR

(b) a MCU for Dwelling house BECOMES assessable development

requiring code assessment because the MCU is on land subject to one or more of the following overlays AND the proposal does not meet the relevant acceptable outcomes of these overlay codes:

• Biodiversity, waterways and wetlands overlay; • Bushfire hazard overlay (medium or high hazard area or

hazard area buffer); • Coastal protection overlay; • Flood hazard overlay; and • Landslide hazard and steep land overlay.

Yes Schedule 6, Part 2, Section 2(2) DOES NOT APPLY. A development permit for MCU is required. Note that if the MCU is identified as having a different category of assessment under a zone than under a local plan or overlay, the highest level of assessment applies.

No Schedule 6, Part 2, Section 2(2) APPLIES**

** If Schedule 6, Part 2, Section 2(2) applies: 1) Council is triggered as a concurrence agency to assess the building application against all provisions in the

Planning Scheme relevant to a detached house (Schedule 9, Division 2, Table 8 of the Planning Regulation 2017), including any higher order approval (e.g. Preliminary Approval Overriding the Planning Scheme, a Master Plan and/or Plans of Development).

IMPORTANT NOTE – The referral provisions of Schedule 6, Part 2, Section 2(2) cannot be used to resolve inconsistencies between a building application and a higher order approval, including Plans of Development (for example, differences in building setbacks, site coverage). If the proposed dwelling house does not comply

AA-2

with a higher order approval and/or Plan of Development, then Council may direct refusal of the application unless:-

a) the plans for the dwelling house are amended to comply with the higher order approval and/or Plan of Development; or

b) Council approves a change to the higher order approval and/or Plan of Development or a Generally in Accordance Request that reflects the proposed dwelling house.

2) Council’s referral agency assessment period is 10 business days. The referral agency assessment period

includes the information request period, which is 10 business days. IMPORTANT NOTE – the referral agency assessment period starts once Council has received the referral, NOT after Council receives a response to any information request. If Council issues an information request, the BALANCE of the referral agency assessment period starts when the information response is received.

3) Both the information request period and the referral agency assessment period may be extended with the

applicant’s agreement. 4) If Council does not provide a referral agency response within the referral agency assessment period, the

response is deemed to be a REFUSAL.

AA-3

Sunshine Coast Planning Scheme 2014 Amended 11 November 2019 Page 9-22

Attachment 2 – Dwelling house code

9.3.6 Dwelling house code 9.3.6.1 Application

(1) This code applies to accepted development and assessable development identified as requiringassessment against the Dwelling house16 code by the tables of assessment in Part 5 (Tables ofassessment).

(2) The acceptable outcomes in Table 9.3.6.3.1 (Requirements for accepted development andperformance outcomes and acceptable outcomes for assessable development) are requirementsfor applicable accepted development.

(3) All provisions in this code are assessment benchmarks for applicable assessable development.

9.3.6.2 Purpose and overall outcomes

(1) The purpose of the Dwelling house code is to ensure dwelling houses achieve a high level of comfort andamenity for occupants, maintain the amenity and privacy of neighbouring residential premises and arecompatible with the character and streetscape of the local area.

(2) The purpose of the Dwelling house code will be achieved through the following overall outcomes:-

(a) a dwelling house incorporates a high standard of design and makes a positive contributionto the streetscape character of the area in which it is located;

(b) a dwelling house is sited and designed to protect the amenity and privacy of neighbouring residentialpremises;

(c) a dwelling house provides a high level of amenity to the residents of the dwelling house;

(d) a dwelling house is provided with an acceptable level of infrastructure and services; and

(e) where provided, a secondary dwelling:-

(i) is located, designed, constructed and used to have an association with the primarydwelling; and

(ii) is small in size, such that the secondary dwelling is ancillary to the primarydwelling.

9.3.6.3 Performance outcomes and acceptable outcomes17

Table 9.3.6.3.1 Requirements for accepted development and performance outcomes and acceptable outcomes for assessable development

Performance Outcomes Acceptable Outcomes Height of Buildings and Structures PO1 The height of the dwelling house is

consistent with the preferred character of a local area and does not adversely impact on the amenity of neighbouring premises having regard to:- (a) overshadowing;

AO1 The height of the dwelling house does not exceed the height specified for the site on the applicable Height of Buildings and Structures Overlay Map.

16 Editor’s note—in accordance with Schedule 1 (Definitions), a reference to a ‘dwelling house’ in the planning scheme includes a reference to any secondary dwelling or home office associated with the dwelling house, and all outbuildings, structures and works normally associated with a dwelling house.

17 Editor’s note—a Structure Plan, as varied by an approved master plan or an approved plan of development for a variation approval or reconfiguring a lot, may vary or specify alternative requirements for accepted development or performance outcomes and acceptable outcomes for assessable development for a dwelling house. In such cases, compliance with these alternative requirements for accepted development or performance outcomes and acceptable outcomes for assessable development will be deemed to represent compliance with the comparable provisions of the Dwelling house code.

AB-1


Performance Outcomes Acceptable Outcomes (b) privacy and overlooking;(c) views and vistas;(d) building appearance; and(e) building massing and scale as seen

from neighbouring premises.Garages, Carports and Sheds PO2 Garages, carports and sheds:-

(a) preserve the amenity of adjacentland and dwelling houses;

(b) do not dominate the streetscape;(c) maintain an adequate area suitable

for landscapes adjacent to the roadfrontage; and

(d) maintain the visual continuity andpattern of buildings and landscapeelements within the street.

AO2.1

AO2.2

Where located on a lot in a residential zone, a garage, carport or shed:- (a) is setback at least 6 metres from any

road frontage;(b) does not exceed a height of 3.6 metres;

and(c) has a total floor area that does not

exceed 56m².

Note—AO2.1(b) and (c) do not apply to a garage under the main roof of a dwelling house.

Note—AO2.1(a) alternative provision to QDC.

Where located on a lot in a residential zone, the total width of a garage door facing a street (and that is visible from the road frontage) does not exceed 6 metres within any one plane, with any additional garage door being set back a further 1 metre from the street frontage to break up the apparent width of the garage facade.

Setbacks PO3 Where located in a residential zone, the

dwelling house is set back from any road frontage so as to:- (a) achieve a close relationship with,

and high level of passivesurveillance of, the street;

(b) create a coherent and consistentstreetscape, with no or only minorvariations in frontage depth;

(c) make efficient use of the site, withopportunities for large back yards;

(d) provide reasonable privacy toresidents and neighbours onadjoining lots; and

(e) maintain reasonable access toviews and vistas, prevailing breezesand sunlight for each dwellinghouse.

AO3 Where located in a residential zone, the dwelling house (other than a garage, carport or shed) is setback to any road frontage at least:- (a) 4.5 metres for the ground storey; and(b) 6 metres for any levels above the

ground storey.

Note—AO3 alternative provision to QDC.

PO4 Where located in the Rural zone, Rural residential zone or Limited development (landscape residential) zone, the dwelling house is set well back from any road frontage so as to:- (a) maintain an open visual landscape

dominated by natural elements(rather than built structures);

(b) preserve the amenity and characterof the rural or rural residential area,having regard to building massingand scale as seen from the roadand neighbouring premises;

AO4.1 Where located on a lot in the Rural zone, and the lot has an area of more than 2 hectares, the dwelling house (including any associated garage, carport or shed) is set back at least:- (a) 40 metres from a State controlled road

or an extractive industry transport route;(b) 20 metres from any other road; or(c) if an extension not exceeding 50m2

gross floor area and within, under orstructurally part of an existing dwellinghouse, the setback of the existing dwellinghouse on the site.

AB-2


Performance Outcomes Acceptable Outcomes (c) protect views and vistas;(d) avoid or minimise noise and dust

nuisance from sealed roads,existing State controlled roads andextractive industry transport routes;and

(e) protect the functional characteristicsof existing State controlled roadsand extractive industry transportroutes.

AO4.2 Where located on a lot in the Rural zone, and the lot has an area of not more than 2 hectares, or where located on a lot in the Rural residential zone or the Limited development (landscape residential) zone, the dwelling house (including any associated garage, carport or shed) is set back at least:- (a) 10 metres from any road frontage; or(b) if an extension not exceeding 50m2

gross floor area and within, under orstructurally part of an existing dwellinghouse, the setback of the existing dwellinghouse on the site.

Note—AO4.1 and AO4.2 alternative provisions to QDC.

PO5 Where located in the Rural zone, Rural residential zone or the Limited development (landscape residential) zone, the dwelling house is set back from side and rear boundaries so as to:- (a) maintain an open visual landscape

dominated by natural elements(rather than built structures);

(b) preserve the amenity and characterof the rural or rural residential area,having regard to building massingand scale as seen from the roadand neighbouring premises; and

(c) minimise opportunities for residentsto overlook the private open spaceareas of neighbouring premises.

AO5.1

AO5.2

Where located on a lot in the Rural zone, the dwelling house (including any associated garage, carport or shed) is set back from any side or rear boundary at least:- (a) 3 metres where the lot has an area of 2

hectares or less; or(b) 10 metres where the lot has an area of

more than 2 hectares.

Where located on a lot in the Rural residential zone or Limited development (landscape residential) zone, the dwelling house (including any associated garage, carport or shed) is setback at least 3 metres from any side or rear boundary.

Note—AO5.1 and AO5.2 alternative provisions to QDC.

Setbacks to Canals and Artificial Waterways PO6 Buildings and structures are adequately

setback from canals and other artificial waterways or waterbodies (e.g. lakes) to:- (a) protect the structural integrity of the

canal/waterway/waterbody profileand revetment wall;

(b) ensure no unreasonable loss ofamenity to adjacent land anddwellings occur having regard to:-(i) privacy and overlooking;(ii) views and vistas;(iii) building character and

appearance; and(c) building massing and scale as seen

from neighbouring premises.

AO6 Buildings and structures exceeding 1 metre in height above ground level (other than pool fencing which is at least 75% transparent) are setback a minimum of 4.5 metres from the property boundary adjacent to the canal or artificial waterway/waterbody.


Services and Utilities PO7 The dwelling house is provided with a

level of infrastructure and services that is appropriate to its setting and commensurate with its needs.

AO7.1 Where located on a lot in an urban zone the dwelling house is connected to the reticulated water supply, sewerage, stormwater drainage and telecommunications infrastructure networks (where available to the lot).

AB-3


Performance Outcomes Acceptable Outcomes

AO7.2

AO7.3

Where located on a lot in a non-urban zone and/or reticulated sewerage is not available to the lot, the dwelling house is connected to an on-site effluent treatment and disposal system.

Note—the Plumbing and Drainage Act 2003 sets out requirements for on-site effluent treatment and disposal.

Where located on a lot in a non-urban zone and/or reticulated water supply is not available to the lot, the dwelling house is provided with a rainwater collection tank that:- (a) has a minimum capacity of 45,000

litres; and(b) is plumbed so that water from the

rainwater tank is available forhousehold use.

Access and Car Parking PO8 Sufficient parking spaces are provided

on the site to cater for residents and visitors.

AO8 On-site car parking is provided in accordance with the following:- (a) for a lot exceeding 300m²—at least 2

(two) car parking spaces with at leastone space capable of being covered; or

(b) for a lot not exceeding 300m²—at least1 (one) covered car parking space.

Note—car parking spaces may be provided in a tandem configuration provided that all spaces are wholly contained within the site such that parked vehicles do not protrude into the road reserve.

PO9 The design and management of access, parking and vehicle movement on the site facilitates the safe and convenient use of the dwelling house by residents and visitors.

AO9 Access driveways, internal circulation and manoeuvring areas, and on-site car parking areas are designed and constructed in accordance with:- (a) IPWEA Standard Drawings SEQ R-049,

R-050 and R-056 as applicable; and(b) AS2890 Parking facilities – Off-street

parking.Tennis Courts and Sports Courts PO10 Where a dwelling house includes a tennis

court or other type of sports court, the court is designed, located and operated to avoid any adverse impacts on the amenity of neighbouring premises.

AO10.1

AO10.2

AO10.3

A 1.5 metre landscape strip incorporating screening tree and/or shrub species is provided between the tennis court or sports court and any side property boundary to create a visual screen between the tennis court and the side boundary.

The tennis court or sports court is fenced with 3.6 metre high mesh fencing for a full size tennis court or 2.4 metre high mesh fencing if for a half size court.

Where incorporating lighting:- (a) the tennis court or sports court is

located at least 50 metres from theexternal wall of an existing or approveddwelling on an adjacent lot; and

AB-4


Performance Outcomes Acceptable Outcomes (b) the vertical illumination resulting from

direct, reflected or other incidentallighting emanating from the site doesnot exceed 8 lux when measured at anypoint 1.5 metres outside the boundaryand at any level from ground levelupwards.

Secondary Dwellings PO11 Where located in an urban zone, the

secondary dwelling is located on a ‘traditional lot’ in order to:- (a) protect neighbourhood character;(b) provide an acceptable level of

amenity to occupants of the site andneighbouring dwellings; and

(c) provide sufficient area toaccommodate the dwellings andassociated access, parking, sitefacilities, open space and setbackrequirements.

Note—for the purposes of this performance outcome, a ‘traditional lot’ is a lot that is at least 600m2 in area.

AO11 Where located in an urban zone and there is no approved plan of development (nominating lots for secondary dwellings), the secondary dwelling is located on a lot which:- (a) has a minimum area of 600m2; and(b) is regular in shape (i.e. square or

rectangular) or, if not regular in shape,is able to accommodate a square orrectangle of at least 400m2 in areawithin the lot.

OR

Where located in an urban zone and there is an approved plan of development (nominating lots for secondary dwellings), the secondary dwelling:- (a) is located on a lot nominated for a

secondary dwelling; or(b) provides accommodation only for a

relative or carer of a resident of thedwelling house.

Note—A reference to an approved plan of development in AO11 above, only applies to an approved plan of development which nominates secondary dwelling lots.

PO12 The secondary dwelling is:- (a) small in size and clearly ancillary to

the primary dwelling; and(b) located in close proximity to the

primary dwelling.

AO12.1

AO12.2

The secondary dwelling has a maximum gross floor area of:- (a) 90m2 where located on a lot in the Rural

zone or Rural residential zone; and(b) 60m2 where located on a lot in any

other zone.

Where freestanding, the secondary dwelling is located within 20m of the primary dwelling (measured from the outermost projection of each dwelling).

PO13 The secondary dwelling is located, designed, constructed and used to share common services and vehicle access arrangements.

AO13 The primary dwelling and the secondary dwelling share a single (common):- (a) water connection and meter;(b) waste water connection/system;(c) street number and letterbox; and(d) vehicle access driveway and access

point.

Note—the secondary dwelling can utilise an independent water supply and/or on-site effluent treatment and disposal system where reticulated services are not available to the lot.

PO14 The secondary dwelling is provided with sufficient parking to meet user needs

AO14 At least one (1) on-site car parking space, in addition to the requirement for the primary

AB-5


Performance Outcomes Acceptable Outcomes and minimise the demand for on-street parking.

dwelling, is provided for the secondary dwelling.

Note—on-site car parking for the secondary dwelling is not to be provided in a tandem configuration with the car parking provided for the primary dwelling.

Filling or excavation PO15 Any filling or excavation associated with a

dwelling house:- (a) sensitively responds to the slope

and landform characteristics of thesite;

(b) provides safe and efficient accessfor vehicles and pedestrians onsloping land;

(c) minimises adverse impacts on thestreetscape; and

(d) does not adversely impact upon theprivacy or amenity of surroundingpremises.

AO15 Except where located on a site having a slope of greater than 15% as identified on an applicable Landslide Hazard and Steep Land Overlay Map:- (a) the extent of excavation (cut) or fill does

not involve a total change of more than1.0 metre relative to ground level at anypoint; and

(b) no part of any un-retained cut or fillbatter is within 1.5 metres of anyproperty boundary except cut and fillinvolving a change in ground level ofless than 200mm.

OR

Filling and/or excavation is confined to within the plan area of the dwelling house with ground level being retained around external walls of the building.

OR

Where on a lot in an identified drainage deficient area, filling is undertaken in accordance with a current drainage deficient area flood information certificate issued by the Council for the site.

Editor’s note—drainage deficient areas are identified on Figure 8.2.7 (Drainage deficient areas) of the Flood hazard overlay code.

Additional Requirements for Dwelling Houses in Certain Areas and Precincts Blackall Range Local Plan Area PO16 The dwelling house:-

(a) has a scale and bulk that issubservient to the natural and rurallandscape with building forms thatare visually broken up;

(b) has exterior surfaces that allow thedwelling house to blend in with thenatural and rural landscape; and

(c) incorporates roof forms that areconsistent with traditional rural orrural village setting.

AO16.1

AO16.2

AO16.3

AO16.4

The height of the dwelling house does not exceed 2 storeys.

The total footprint of the dwelling house, including any associated garage, carport or shed, does not exceed 280m².

The exterior colour of the dwelling house is characterised by muted earth/environmental tones that blend with the hinterland rural and natural environment.

Note—appropriate colours will depend on the existing native vegetation and backdrop, but may include muted tones such as green, olive green, blue green, grey green, yellow green, green blue, indigo, brown and blue grey.

The dwelling house incorporates one of the following roof designs:- (a) gable roof;

AB-6


Performance Outcomes Acceptable Outcomes (b) hip roof;(c) Dutch gable;(d) pitched roof with skillion at rear; or(e) multiple gable roof.

Buderim Local Plan Area (Precinct BUD LPP-1 (Gloucester Road South) on Local Plan Map LPM32 PO17 The dwelling house is designed and sited

such that it maintains the integrity of the large, established residential properties adjacent to the southern part of Gloucester Road that are characterised by buildings set back from street boundaries and surrounded by generous landscaped grounds.

AO17 The dwelling house (including any garage, carport or shed) is setback at least 10 metres from Gloucester Road.


Caloundra Local Plan Area (Precinct CAL LPP-4 (Moffat Beach/Shelly Beach/Dicky Beach) on Local Plan Map LPM45 PO18 The dwelling house preserves the

amenity of adjacent land and dwelling houses and does not dominate the streetscape having regard to:- (a) building character and appearance;(b) views and vistas; and(c) building mass and scale as seen

from neighbouring premises.

AO18 The dwelling house (including any garage, carport or shed) is setback a minimum of 6 metres from the primary street frontage.

Note—AO18.1 alternative provision to QDC.

PO19 Any secondary dwelling is:- (a) small in size and has an integrated

appearance with the primarydwelling in order to maintain theprevailing low density residentialcharacter and amenity of the area;and

(b) sited and designed to not adverselyimpact upon views or outlooks fromneighbouring dwellings.

AO19.1

AO19.2

Any secondary dwelling has a maximum gross floor area of 45m2.

Any secondary dwelling does not exceed 4 metres in height from ground level.

AB-7

dwelling house guide

Documents