What is a secondary dwelling ?
In September 2022, changes were made to certain land use definitions by the Queensland Government in the Planning Regulation 2017. This has meant that definitions and terms in the City of Mount Isa Planning Scheme 2020 (v1) may not apply.
Dwelling house including a secondary dwelling
A dwelling house is defined in the Planning Regulation 2017, Schedule 24 as the following:
dwelling house means a residential use of premises involving-
(a) 1 dwelling and any domestic outbuildings associated with the dwelling; and
(b) 2 dwellings, 1 of which is a secondary dwelling, and any domestic outbuildings associated with either dwelling.
Secondary dwelling
A secondary dwelling (commonly referred to as a granny flat) is purely an extension of a dwelling house use (whether attached or detached). As such, it is subordinate to the primary dwelling.
A secondary dwelling is defined in the Planning Regulation 2017, Schedule 24 as the following:
secondary dwelling means a dwelling on a lot that is used in conjunction with, but subordinate to, another dwelling on the lot, whether or not the dwelling is-
(a) attached to the other dwelling; or
(b) occupied by individuals who are related to, or associated with, the household of the other dwelling.
Renting a secondary dwelling – changes in 2022
An amendment to the Planning Regulation in September 2022 provided greater flexibility and removed the restriction on who can live in secondary dwellings. The occupants of the secondary dwelling no longer need to form part of the same household as the occupants of the primary dwelling.
For further information visit the Department of State Development, Infrastructure and Planning website - https://www.planning.qld.gov.au/planning-issues-and-interests/granny-flats.
What if the secondary dwelling is not subordinate
If the secondary dwelling is not subordinate, the use would be defined as a dual occupancy.
dual occupancy
(a) means a residential use of premises involving –
(i) 2 dwellings (whether attached or detached) on a single lot or 2 dwellings (whether attached or detached) on separate lots that share a common property; and
(ii) any domestic outbuilding associated with the dwellings; but
(b) does not include a residential use of premises that involves a secondary dwelling.
Do I need a planning approval from Council for a dwelling house (this includes a dwelling house including a secondary dwelling)
Under Schedule 6 of the Planning Regulation 2017 the planning scheme (local categorising instrument) cannot make a material change of use for a dwelling house assessable development if-
(a) the material change of use is for a residential purpose in a residential zone other than a medium density residential zone or high density residential zone; and
(b) the material change of use does not involve a basement or an underground parking area; and
(c) 1 o the following applies –
(i) no overlay applies to the premises;
(ii) only an overlay about bush fire hazards applies to the premises and the premises are less than 2,000m²;
(iii) a relevant overlay applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development.
Do I need a building approval and plumbing approval
All residential development requires building approval under the Building Act 1975 (including the Building Code of Australia) and plumbing and drainage approval under the Plumbing and Drainage Act 2018.
How do I check the zoning of the land and if an overlay applies
The City of Mount Isa Planning Scheme 2020 is available online - https://www.mountisa.qld.gov.au/Development-and-Land-Use/Development/Planning-Schemes-and-Infrastructure-Charges
Mount Isa City Council also provides online mapping tools to assist in identifying the zone and overlay mapping https://www.mountisa.qld.gov.au/Community/Infrastructure-Services
Important note - there are two Flood hazard overlay maps, the Flood hazard overlay mapping in the Planning Scheme and the State Planning Policy – flood hazard area 1 – Queensland floodplain assessment overlay.
Some overlay maps in the Planning Scheme adopt the State Planning Policy (SPP) maps. To check if the SPP overlay mapping applies to your lot visit the State Planning Policy interactive mapping system online - https://www.planning.qld.gov.au/planning-framework/mapping
The SPP overlay maps include the Airport Environs overlay, Biodiversity overlay, Bushfire hazard overlay, Flood hazard overlay (flood hazard area 1 - Queensland floodplain assessment overlay), Major infrastructure overlay and Wetlands and waterway corridors overlay.
What is a Tiny Home – fixed tiny home for permanent accommodation or tiny home for temporary use
A tiny home is not specifically defined under Queensland’s planning framework, but is commonly a small and compact dwelling.
For further information visit the Department of State Development, Infrastructure and Planning website - https://www.planning.qld.gov.au/planning-issues-and-interests/tiny-homes
Depending on the operation of these dwellings and the configuration on the site, one of the following land use definitions under Schedule 24 of the Planning Regulation 2017 might apply:
- Dwelling house, this includes a dwelling house including a secondary dwelling
- Dual occupancy
- Multiple dwelling
- Relocatable home park
Can I install a tiny home as a dwelling or secondary dwelling for permanent accommodation
A tiny home could be considered a dwelling house or a secondary dwelling. A planning approval may be required as well as a building approval and plumbing and drainage approval. For further information on secondary dwellings please see the infromation above.
Some tiny homes are designed as registered caravans. If you wish to convert a caravan to a permanent dwelling Council recommends you seek advice from a registered builder or private building certifier.
Can I install a tiny home on wheels
A tiny home on wheels is considered to be a caravan, not a dwelling. Caravans are regulated under the Transport Operations (Road Use Management Act 1995). Mount Isa City Council regulates temporary homes under the local law.
For further information on temporary home permits visit Council’s website https://www.mountisa.qld.gov.au/Home-Property/Temporary-Homes