Dwelling house guide

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1 Dwelling house guide

2 Contents 1.0 Introduction What is a dwelling house? What building assessment provisions apply to dwelling houses? What level of assessment applies to a dwelling house? Dwelling house code Overlays and overlay codes Referrals to Council as a concurrence agency Alternative provisions to the Queensland Development Code (QDC) Alterations, additions or extensions to dwelling houses Secondary dwellings Attachments Attachment 1 Questionnaire and flowchart Attachment 2 Dwelling house code 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 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. 0 Sunshine Coast Planning Scheme Dwelling house guide

3 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 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 dwelling 1 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 a code for the integrated development assessment system (IDAS) for the carrying out of building assessment work or self-assessable work. 1 Refer to section 10.0 of this guide for further information about secondary dwellings.

4 Table (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 Flood hazard Identification of part of the planning scheme area as a natural hazard management area (flood). Identification of the level to which floor levels of habitable rooms of a building must be built. Bushfire hazard Designation of part of the planning scheme area as a designated bushfire prone area for the BCA and the QDC. 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. 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. Relevant section of the planning scheme Schedule 2 Flood hazard overlay maps (flooding and inundation area) Section Flood hazard overlay code Schedule 2 Bushfire hazard overlay maps (medium or high bushfire hazard areas) Section Dwelling house code Section Dwelling house code Section Dwelling house code Section Dwelling house code Where relevant, the above building assessment provisions will apply to building work involving a dwelling house. 4.0 What level of assessment applies to a dwelling house? The level of assessment (or categories of development) refers to whether development is: exempt development; self-assessable development; development requiring compliance assessment 2 ; assessable development (code assessable or impact assessable development); or prohibited development 3. Under the Sunshine Coast Planning Scheme 2014, the level of assessment for development 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 acceptable outcomes in the applicable codes; and whether any mapped overlays apply to the site (noting that overlays may change the level of assessment). 2 3 Under the Sunshine Coast Planning Scheme 2014, there are no circumstances under which development involving a dwelling house requires compliance assessment. Under the Sunshine Coast Planning Scheme 2014, there are no circumstances under which development involving a dwelling house is prohibited development. 2 Sunshine Coast Planning Scheme Dwelling house guide

5 4.1 Exempt development Exempt development 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 exempt development under the Sunshine Coast Planning Scheme 2014 are outlined below. Material change of use In accordance with Table (Prescribed levels of assessment: material change of use) in Part 5 (Tables of assessment) 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 or the addition of a secondary dwelling on a lot) is exempt development if: located in a residential zone; and identified in Schedule 4, Table 2 of the Sustainable Planning Regulation Under Schedule 4, Table 2, Item 2 of the Sustainable Planning Regulation 2009, 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 zone 4 ; 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 self-assessable development under a planning scheme, temporary local planning instrument, master plan or a preliminary approval to which section 242 of the Act applies; and either: no overlay (other than an overlay about bushfire hazard), as identified in the planning scheme, applies to the premises; or an overlay about bushfire hazard applies to the premises and the premises are less than 2,000m 2. To help determine whether a material change of use for a dwelling house and associated outbuildings is exempt development under the Sunshine Coast Planning Scheme 2014, as identified in Schedule 4, Table 2, Item 2 of the Sustainable Planning Regulation 2009, please refer to the questionnaire and flowchart 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, where: 4 Under the Sustainable Planning Regulation 2009, residential zone means land, however described, designated in a planning scheme, temporary local planning instrument, master plan or preliminary approval to which section 242 of the Act applies as residential. For the purposes of Schedule 4, Table 2, Item 2 of the Sustainable Planning Regulation 2009, 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.

6 the floor area, including balconies, is less than five percent of the building or 50m 2, whichever is the lesser; and the building work does not intrude into any boundary setback specified as an acceptable solution in an applicable use code. In accordance with Table (Building work) in Part 5 (Tables of assessment) of the Sunshine Coast Planning Scheme 2014, minor building work is exempt development. However, in accordance with Table (Overlays) in Part 5 (Tables of assessment), this level 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. 4.2 Self assessable development Self-assessable development does not require a development approval under the planning scheme, but must comply with the self-assessable acceptable outcomes of applicable codes. The circumstances under which development involving a dwelling house is self-assessable development 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 (Levels 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 or the addition of a secondary dwelling on a lot) is self-assessable development 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 level of assessment 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 exempt development under Schedule 4 or subject to a referral to Council as a concurrence agency under Schedule 7 of the Sustainable Planning Regulation 2009); or (b) the level of assessment 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 (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 self- 4 Sunshine Coast Planning Scheme Dwelling house guide

7 assessable development in accordance with Table (Building work) in Part 5 (Tables of assessment) of the Sunshine Coast Planning Scheme However, in limited circumstances, this level of assessment 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 impact assessable development 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 code assessable development under the planning scheme and require a development application to be made to Council. 4.3 Code assessable development Code assessable development requires a development approval under the planning scheme, and is assessed against the applicable codes. The limited circumstances under which development involving a dwelling house is code assessable development under the Sunshine Coast Planning Scheme 2014 are outlined below. Material change of use where not complying with the acceptable outcomes of the applicable codes. As a general rule, under the Sunshine Coast Planning Scheme 2014, where self-assessable development does not comply with the acceptable outcomes of the applicable codes, the development becomes code assessable 5. However, as noted in section 4.1 of this guide, under Schedule 4 of the Sustainable Planning Regulation , a material change of use for a dwelling house and associated outbuildings is prescribed as being exempt from assessment against a planning scheme if the following circumstances apply: the use is for a residential purpose in a residential zone; 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 self-assessable development under a planning scheme, temporary local planning instrument, master plan or a preliminary approval to which section 242 of the Act applies; and either: no overlay (other than an overlay about bushfire hazard), as identified in the planning scheme, applies to the premises, or an overlay about bushfire hazard applies to the premises and the premises are less than 2,000m 2. Therefore, where the above circumstances apply, a material change of use for a dwelling house that would normally become code assessable for not complying with the acceptable outcomes of the Dwelling house code would instead be exempt from assessment against the planning scheme. However, under Schedule 7 (Referral agencies and their jurisdictions) of the Sustainable Planning Regulation , 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 4 of the Sustainable Planning Regulation 2009 did not apply for the use Refer to section 5.3.3(a)(iii) (Determining the assessment criteria) of the planning scheme. Refer to Schedule 4, Table 2, Item 2 of the Sustainable Planning Regulation Refer to Schedule 7, Table 1, Item 26 of the Sustainable Planning Regulation 2009.

8 The role of Council as a concurrence agency for certain building applications is further explained in section 7.0 of this guide. Material change of use where identified as code assessable development by an overlay Under the Sunshine Coast Planning Scheme 2014, there are limited circumstances where the presence of a particular overlay will change the level of assessment for a material change of use for a dwelling house to code assessable development 8. These circumstances are identified Table (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 and section 4.2 of this guide, under the Sunshine Coast Planning Scheme 2014: minor building work associated with a dwelling house is generally exempt development; and building work (that is not otherwise defined as minor building work) associated with a dwelling house is generally self-assessable development. However, in accordance with Table (Overlays) in Part 5 (Tables of assessment) of the planning scheme, these levels of assessment may be changed to code assessable development 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 code assessable development. 4.4 Impact assessable development Impact assessable development 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 impact assessable development 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 impact assessable development in the following circumstances: the proposed dwelling house is located in a zone not listed in section 4.2 of this guide; or 8 Refer to Table (Overlays) in Part 5 (Tables of assessment) of the planning scheme. 6 Sunshine Coast Planning Scheme Dwelling house guide

9 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 building 9. 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 impact assessable development 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 assessment criteria contained in the Dwelling house code includes 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 level of assessment for a material change of use or 9 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.

10 building work for a dwelling house (and therefore trigger a development application under the planning scheme). Refer to Table (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 level of assessment, but may include additional self-assessable criteria (in addition to those contained in the Dwelling house code) that need to be complied with. The table below summarises the overlays that may change the level of assessment or provide additional self-assessable criteria for dwelling houses. Overlay Change to level of assessment? Additional self assessable criteria in overlay code? Acid sulfate soils overlay Yes in certain circumstances. Refer to No section 4 of this guide Airport environs overlay Yes in certain circumstances. Refer to No section 4 of this guide Biodiversity, waterways and No change Yes wetlands overlay Bushfire hazard overlay No change Yes Coastal protection overlay No change Yes Flood hazard overlay No change Yes Height of buildings and Yes in certain circumstances. Refer to No structures overlay section 4 of this guide. Heritage and character areas Yes in certain circumstances. Refer to No overlay section 4 of this guide. 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 7 of the Sustainable Planning Regulation Circumstances under which a referral to Council as a concurrence agency may be required for a dwelling house include, but 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 provision 10 (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 ; or for development that would have been assessable under the planning scheme if Schedule 4, Table 2, Item 2 of the Sustainable Planning Regulation 2009 did not apply Referral process Where a concurrence agency referral to Council is required for a dwelling house or outbuilding under the Sustainable Planning Regulation 2009, the applicant (usually the building certifier) needs to complete the relevant form and the referral needs to be accompanied by the relevant fee (as prescribed in the Council s current fees and charges register) Refer to Schedule 7, Table 1, Item 20 of the Sustainable Planning Regulation Refer to Schedule 7, Table 1, Item 21 of the Sustainable Planning Regulation 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). Refer to Schedule 7, Table 1, Item 26 of the Sustainable Planning Regulation Sunshine Coast Planning Scheme Dwelling house guide

11 The type of form to be completed will depend on the nature of the non-compliance with the selfassessable acceptable outcomes of the planning scheme as outlined below: where the non-compliance relates to QDC provisions 13 the Request for Referral Agency Response for Building Works form is to be completed; and where the non-compliance relates to planning scheme provisions (not relating to the QDC) the Request for Referral Agency Response (Schedule 7, Table 12, Item 26 of SPA) form is to be completed. The respective concurrence agency referral forms can be accessed and downloaded from Council s website. In situations where non-compliance with the self-assessable acceptable outcomes of the planning scheme relate to both QDC provisions and planning scheme provisions, only the Request for Referral Agency Response (Schedule 7, Table 12, Item 26 of SPA) concurrence agency form needs to be completed. 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 response to the assessment manager (building certifier) which may include conditions to be imposed in the development approval or directing refusal of the application. 8.0 Alternative provisions to the Queensland Development Code (QDC) The Building Act 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 clearances 15 : Alternative provisions to the QDC in the Dwelling house code (Table ) Acceptable outcome AO2.1 Acceptable outcome AO3 Acceptable outcomes AO4.1 and AO4.2 Acceptable outcomes AO5.1 and AO5.2 Acceptable outcome AO6 Acceptable outcome AO14 Acceptable outcome AO15.1 Subject matter Road frontage setbacks for a garage, carport or shed in a residential zone. Road frontage setbacks for a dwelling house (other than a garage, carport or shed) in a residential zone. Road frontage setbacks for a dwelling house (including any associated garage, carport or shed) in the Rural zone and Rural residential zone. Side and rear boundary setbacks for a dwelling house (including any associated garage, carport or shed) in the Rural zone or Rural residential zone. Setbacks to canals and artificial waterway/waterbody. 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)). 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)) In the Dwelling house code, the provisions relating to the QDC are acceptable outcomes AO2.1, AO3, AO4.1, AO4.2, AO5.1, AO5.2, AO6, AO14 and AO15.1. Refer to section 33(2) (Alternative provisions to QDC boundary clearance and site cover provisions for particular buildings) of the Building Act Under the planning scheme, boundary clearances are referred to as setbacks.

12 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 7 of the Sustainable Planning Regulation 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 use 17, 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, where: the floor area, including balconies, is less than five percent of the building or 50m 2, whichever is the lesser; and 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 exempt 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 level of assessment (refer to section 4.1 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 self-assessable development under the Sunshine Coast Planning Scheme 2014, with the Dwelling house code being the applicable code. However, as with minor building work, this level of assessment 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) 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 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 Refer to Schedule 7, Table 1, Item 20 of the Sustainable Planning Regulation 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. 10 Sunshine Coast Planning Scheme Dwelling house guide

13 Where proposed to be located in a residential zone, and meeting the requirements of Schedule 4, Table 2, Item 2 of the Sustainable Planning Regulation 2009, a secondary dwelling will be exempt from 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 7 of the Sustainable Planning Regulation 2009.

14 Attachment 1 Questionnaire and flowchart Questions DWELLING HOUSES AND ASSOCIATED STRUCTURES UNDER SUNSHINE COAST PLANNING SCHEME 2014 APPLICATION PROCESS AND SCHEDULE 4 APPLICABILITY (Sustainable Planning Regulation 2009) 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.) 2. Does the proposal involve a MATERIAL CHANGE OF USE** (e.g. new use, material increase in scale or intensity)? **Note: A new single dwelling house is a MCU. An extension to a dwelling house would not normally trigger a MCU. In accordance with the position agreed by Development Services staff in late 2011 a new house replacing a demolished house is a MCU for the purposes of implementing the legislation. Answers Yes Go to Question 2. No Schedule 4, Table 2, Item 2 DOES NOT APPLY. Yes Go to Question 3. No Schedule 4, Table 2, Item 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 4, Table 2, Item 2 DOES NOT APPLY. 4. Is the proposal located in a Residential Zone**? This includes the following: Low Density Residential, Medium Density Residential, High Density Residential, Tourist Accommodation, Emerging Community, Limited Development (Landscape Residential) and Rural Residential; In the Maroochydore PRAC Master Planned Area Residential Area Precinct 3 Dalton Drive South; In the Palmview Master Planned Area Residential Area Mixed Density Residential & Medium Density Residential Precincts; and any residential precinct identified in a preliminary approval overriding the planning scheme. **Note: DCP1 Kawana Waters is EXCLUDED. 5. Does the Planning Scheme (or preliminary approval overriding the planning scheme) trigger the requirement for a development permit for a MCU that is either code or impact assessable because: (a) Dwelling house is nominated as being either code or impact assessable 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 preliminary approval document); OR MCU permit for dual occupancy required. No Go to Question 4. Yes Go to Question 5. No Schedule 4, Table 2, Item 2 DOES NOT APPLY. The level of assessment nominated in Part 5 Tables of Assessment, or, the relevant TOA in a structure plan or preliminary approval document applies to the material change of use. Yes Go to Question 6. No Schedule 4, Table 2, Item 2 DOES NOT APPLY. However, a development permit for a MCU (code or impact assessable) may be required due to the effect of certain overlays. Question 7 lists the instances where this may occur. (b) Dwelling house BECOMES code assessable because the proposal does not meet the self assessable acceptable outcomes** in the Dwelling house code (or applicable code in the structure plans or preliminary approval document). **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 as a concurrence agency under Schedule 7, Table 1, Item 20 of the Sustainable Planning Regulation 2009 i.e. what we call a RAB. 6(a) Is the site less than 2,000m² 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 Yes Schedule 4, Table 2, Item 2 APPLIES**

15 Attachment 2 Dwelling house code Questions Questions DWELLING HOUSES AND ASSOCIATED STRUCTURES UNDER SUNSHINE COAST PLANNING SCHEME 2014 APPLICATION PROCESS AND SCHEDULE 4 APPLICABILITY (Sustainable Planning Regulation 2009) 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)? Answers No Go to Question 7. DWELLING HOUSES & ASSOCIATED STRUCTURES UNDER SUNSHINE COAST PLANNING SCHEME APPLICATION PROCESS & SCHEDULE 4 APPLICABILITY (Sustainable Planning Regulation 2009) 7. Does the Planning Scheme trigger the requirement for a development permit for a MCU that is either code or impact assessable because: (a) a MCU for Dwelling house is either code or impact assessable in Section 5.10 Levels of assessment overlays in the Sunshine Coast Planning Scheme because one or more of the following circumstances apply: Answers Yes Schedule 4, Table 2, Item 2 DOES NOT APPLY. A development permit for MCU is required. Note that if the MCU is identified as having a different level of assessment under a zone than under a local plan or overlay, the highest level of assessment applies. 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); 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 or adjoining a local heritage place, or, if within a neighbourhood character area; AND/OR No Schedule 4, Table 2, Item 2 APPLIES** (b) a MCU for Dwelling house BECOMES code assessable because the MCU is on land subject to one or more of the following overlays AND the proposal does not meet the self assessable 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. ** If Schedule 4, Table 2, Item 2 applies: (a) Council is triggered as a concurrence agency to assess the building application against all provisions in the Planning Scheme relevant to a dwelling house (Schedule 7, Table 1, Item 26 Sustainable Planning Regulation 2009), 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 4, Table 2, Item 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 with a higher order approval and/or Plan of Development, then Council may direct refusal of the application unless: (i) (ii) the plans for the dwelling house are amended to comply with the higher order approval and/or Plan of Development; or Council approves a change to the higher order approval and/or Plan of Development that reflects the proposed dwelling house. (b) 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

16 Attachment 1 Questionnaire and flowchart 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. (c) (d) Both the information request period and the referral agency assessment period may be extended by 10 business days. If Council does not provide a referral agency response within the referral agency assessment period, the response is deemed to be a REFUSAL.

17 Attachment 1 Questionnaire and flowchart Council approval process for a Dwelling House or Associated Structure (Class 1a or Class 10) Building Work/Minor Building Work e.g. most house extensions Material Change of Use (MCU) e.g. new house Triggers Code or Impact Assessment against Planning Scheme Assessment against Queensland Development Code Queensland Development Code alternative provisions** MCU does not trigger Code or Impact Assessment against Planning Scheme MCU triggers Code or Impact Assessment against Planning Scheme Refer to Questionnaire for Schedule 4, Table 2, Item 2 applicability Planning Application required Planning Application not required Building Work Assessable Against the Planning Scheme (Preliminary Approval for Building Work to Council) Preliminary Approval for Building Work to Council Concurrence Agency Referral to Council (Design and Siting) (RAB) Complying Self Assessable MCU Code Assessable MCU Application Impact Assessable MCU Application Concurrence Agency Referral to Council (RAP) (Schedule 7, Table 1, Item 26) IDAS Form 1 & 6 IDAS Form 1 & 6 Council RAB Form n/a IDAS Form 1 & 5 IDAS Form 1 & 5 Council RAP Form **SCPS Dwelling House Code provisions AO2.1, AO3, AO4.1, AO4.2, AO5.1, AO5.2, AO6, AO14 and AO15.1

18 Attachment 2 Dwelling house code Dwelling house code Application This code applies to self assessable and assessable development identified as requiring assessment against the Dwelling house 18 code by the tables of assessment in Part 5 (Tables of assessment) Purpose and overall outcomes (1) The purpose of the Dwelling house code is to ensure dwelling houses achieve a high level of comfort and amenity for occupants, maintain the amenity and privacy of neighbouring residential premises and are compatible 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) (b) (c) (d) a dwelling house incorporates a high standard of design and makes a positive contribution to the streetscape character of the area in which it is located; a dwelling house is sited and designed to protect the amenity and privacy of neighbouring residential premises; a dwelling house provides a high level of amenity to the residents of the dwelling house; and a dwelling house is provided with an acceptable level of infrastructure and services Assessment criteria 19 Table Criteria for self assessable and assessable development Performance 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; (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 adjacent land and dwelling houses; (b) do not dominate the streetscape; (c) maintain an adequate area suitable for landscapes adjacent to the road frontage; and (d) maintain the visual continuity and pattern of buildings and landscape Acceptable Outcomes AO1 AO2.1 The height of the dwelling house does not exceed 8.5 metres, notwithstanding the height specified on an applicable Height of Buildings and Structures Overlay Map. 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. 18 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. 19 Editor s note a Structure Plan, as varied by an approved master plan and an approved plan of development for a preliminary approval overriding a planning scheme (pursuant to Section 242 of the Act) or reconfiguring a lot, may vary or specify alternative assessment criteria for a dwelling house. In such cases, compliance with these alternative assessment criteria will be deemed to represent compliance with the comparable provisions of the Dwelling house code.

19 Attachment 2 Dwelling house code Performance Outcomes elements within the street. Acceptable Outcomes Note AO2.1(b) and (c) do not apply to a garage under the main roof of a dwelling house. Setbacks in Residential Zones 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 passive surveillance of, the street; (b) create a coherent and consistent streetscape, with no or only minor variations in frontage depth; (c) make efficient use of the site, with opportunities for large back yards; (d) provide reasonable privacy to residents and neighbours on adjoining lots; and (e) maintain reasonable access to views and vistas, prevailing breezes and sunlight for each dwelling house. Setbacks in Rural and Rural Residential Zones PO4 Where located in the Rural 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 character of the rural or rural residential area, having regard to building massing and scale as seen from the road and neighbouring premises; (c) protect views and vistas; (d) avoid or minimise noise and dust nuisance from sealed roads, existing State controlled roads and extractive industry transport routes; and (e) protect the functional characteristics of existing State controlled roads and extractive industry transport routes. AO2.2 AO3 AO4.1 AO4.2 Note AO2.1 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. 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. 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 50m 2 gross floor area and within, under or structurally part of an existing dwelling house, the setback of the existing dwelling house on the site. 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, 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 50m 2 gross floor area and within, under or structurally part of an existing dwelling house, the setback of the existing dwelling house on the site. PO5 Where located in the Rural zone or Rural residential zone, the dwelling AO5.1 Note AO4.1 and AO4.2 alternative provisions to QDC. Where located on a lot in the Rural zone, the dwelling house (including any

20 Attachment 2 Dwelling house code Performance Outcomes 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 character of the rural or rural residential area, having regard to building massing and scale as seen from the road and neighbouring premises; and (c) minimise opportunities for residents to overlook the private open space areas of neighbouring premises. 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 profile and revetment wall; (b) ensure no unreasonable loss of amenity to adjacent land and dwellings 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. 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. Acceptable Outcomes 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. AO5.2 Where located on a lot in the Rural 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. 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. AO7.1 Note AO6 alternative provision to QDC. 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). AO7.2 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. Access and Car Parking PO8 Sufficient parking spaces are provided on the site to cater for residents and visitors. AO7.3 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 for household use. AO8 On-site car parking is provided in accordance with the following:- (a) for a lot exceeding 300m² at least 2

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