What’s happening?
Redland City Council will submit feedback to the Queensland State Government regarding the proposed State Code for Secondary Dwellings.
The Council aims to address concerns over definitions and processes within the draft code, prepared by the Department of Housing, Local Government, Planning, and Public Works (DHLGPPW).
At its general meeting this week, the Council authorised officers to prepare and lodge the submission.
Why it matters?
The council has raised issues about the lack of clarity in distinguishing between secondary dwellings and dual occupancies.
This ambiguity could lead to inappropriate classification of developments, allowing dual occupancies to bypass local planning requirements and limiting Council’s capacity to levy infrastructure charges.
Clearer definitions and processes are essential to ensure compliance and protect community interests.
Local Impact
Deputy Mayor Julie Talty, who chaired the meeting, emphasised the implications for local governments.
She noted that unclear definitions risk undermining planning schemes and could create challenges for building certifiers and councils to correctly classify developments.
The absence of guidance on retaining existing homes as secondary dwellings further complicates local assessment processes.
By the Numbers
- The draft State Code was released for public consultation on 30 September 2024.
- Redland City Council’s Amenity and Aesthetics Policy, implemented on 1 February 2024, limits secondary dwelling sizes based on lot sizes:
- 85sqm for lots under 1000sqm.
- 112sqm for lots 1000sqm or larger.
- 160sqm for Rural Zone lots of 6000sqm or more.
- In September 2023, Council resolved to amend its planning scheme to further refine provisions for secondary dwellings, a change still under State review.
Zoom In
Deputy Mayor Julie Talty highlighted specific concerns: “Our submission will request a review of the definition of secondary dwelling to ensure it is easily distinguishable from a dual occupancy,” she said. “A secondary dwelling should always be small in scale, irrespective of the size of the primary dwelling.”
Cr Talty also questioned how the legislation applies to developments where an existing house is retained as the secondary dwelling while a new primary dwelling is constructed.
She stated: “The question is, how does the draft state code for secondary dwellings apply to existing, lawfully approved dwelling houses being retained as a secondary dwelling?”
Zoom Out
Redland City Council’s concerns reflect broader issues faced by local governments statewide as they navigate the balance between State and local planning frameworks.
Other councils may share similar challenges in ensuring secondary dwellings remain consistent with community planning goals while maintaining regulatory oversight.
What to look for next?
Redland City Council’s submission will request further advice on assessment pathways, clearer definitions, and provisions allowing local governments to specify alternative rules.
The State Government’s response and potential revisions to the draft State Code will shape future secondary dwelling policies across Queensland.
Additionally, updates on Redland City Council’s proposed planning scheme amendment are anticipated.
