Dwelling house guide

Transcription

1 Dwelling house guide

2 Contents 1.0 Introduction What is a dwelling house? What building assessment provisions apply to dwelling houses? What category of development and category 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 Attachment 2 Questionnaire and flowchart 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.

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 assessment benchmarks for the carrying out of building assessment work or requirements for building work that is accepted development subject to requirements. 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 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 development 2. 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.

5 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 zone 3 ; 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 2,000m 2. 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 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(s): 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.

6 (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. In accordance with Table (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 (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) (b) 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 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 (Overlays) in Part 5 (Tables of assessment) of the planning scheme.

7 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 (Building work) in Part 5 (Tables of assessment) of the Sunshine Coast Planning Scheme 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 assessment 4. However, as noted in section 4.1 of this guide, under Schedule 6 of the Planning Regulation , 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 , 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 (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 Refer to Schedule 9, Division 2, Table 8 of the Planning Regulation 2017.

8 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 assessment 7. 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 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 (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 (Overlays) in Part 5 (Tables of assessment) of the planning scheme.

9 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 building 8. 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 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.

10 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 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. 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 Acid sulfate soils overlay Airport environs overlay Change to category of development/ assessment? Yes in certain circumstances. Refer to section 4 of this guide Yes in certain circumstances. Refer to section 4 of this guide change Biodiversity, waterways and Yes wetlands overlay Bushfire hazard overlay change Yes Coastal protection overlay change Yes Flood hazard overlay change Yes Height of buildings and structures overlay Heritage and character areas overlay Landslide hazard and steep land overlay Yes in certain circumstances. Refer to section 4 of this guide. Yes in certain circumstances. Refer to section 4 of this guide. change 7.0 Referrals to Council as a concurrence agency Additional requirements for accepted development in overlay code? 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 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 provision 913 (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 6, Part 2, Section 2(2) of the Planning Regulation 2017 did not apply 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). Yes 9 Refer to Schedule 9, Division 2, Table 3 of the Planning Regulation Refer to Schedule 9, Division 2, Table 3 of the 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). 11 Refer to Schedule 9, Division 2, Table 8 of the Planning Regulation 2017.

11 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 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 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 13 : 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)). 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 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 15, but will involve either minor building work or building work. 12 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. 14 Refer to Schedule 9, Division 2, Table 3 of the 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.

12 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). 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) 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. 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.

13 Attachment 1 Questionnaire and flowchart DWELLING HOUSES & ASSOCIATED STRUCTURES UNDER SUNSHINE COAST PLANNING SCHEME APPLICATION PROCESS & SCHEDULE 6 APPLICABILITY (Planning Regulation 2017) Questions 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)? For example: Answers Yes Go to Question 2. Schedule 6, Part 2, Section 2(2) DOES NOT APPLY. Yes Go to Question 3. Schedule 6, Part 2, Section 2(2) DOES NOT APPLY. 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. 3. Does the proposal result in more than one dwelling house on the lot? Yes Proposal may involve: minor building work; or building work regulated under the planning scheme. Schedule 6, Part 2, Section 2(2) DOES NOT APPLY. 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. **te: DCP1 Kawana Waters is EXCLUDED. 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 Development permit for MCU for dual occupancy required. Go to Question 4. Yes Go to Question 5. 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. Yes Go to Question 6. 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. (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). **te: 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

14 Attachment 1 Questionnaire and flowchart DWELLING HOUSES & ASSOCIATED STRUCTURES UNDER SUNSHINE COAST PLANNING SCHEME APPLICATION PROCESS & SCHEDULE 6 APPLICABILITY (Planning Regulation 2017) Questions provisions, then the building application is referred to Council as a concurrence agency under Schedule 9, Division 2, Table 3 of the Planning Regulation Answers 6(a) Is the site less than 2000m² in area? Yes Go to Question 6(b). 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)? 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 Go to Question 7. Yes Schedule 6 Part 2, Section 2(2) APPLIES** Go to Question 7. Yes Schedule 6, Part 2, Section 2(2) DOES NOT APPLY. A development permit for MCU is required. te 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. Schedule 6, Part 2, Section 2(2) APPLIES** (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. ** If Schedule 6, Part 2, Section 2(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 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

15 *te : Under S30 of Building Act 1975, Building Assessment Provisions are defined as including: Chapter 3 of the Act; Fire safety standard; Fire safety standard (RCB); Regulation to the Act; Alternative provisions to QDC contained in the Planning Scheme (Dwelling house code AO2.1(a), AO3, AO4.1, AO4.2, AO5.1, AO5.2, AO6, AO14, AO15.1) BCA; QDC. Attachment 1 Questionnaire and flowchart BW aspects subject to Building Assessment Provisions. Refer to s30 of the Building Act 1975* BUILDING WORK COMPONENT te: Where meeting the definition of Building Work under the Planning Act. PRIVATE CERTIFIER is Assessment Manager Aspects of the BW under the Building Assessment Provisions COMPONENTS OF DEVELOPMENT ASSOCIATED WITH A DWELLING HOUSE te: A dwelling house project may involve multiple components of Development as defined by the PAct. Where those components are assessable, a development permit is required for each. BW aspects subject to Planning Scheme, excluding alternative provisions to QDC Refer to Table COUNCIL is Assessment Manager Aspects of the BW under the Planning Scheme DWELLING HOUSE ASSESSMENT FLOWCHART Planning Act 2016 MATERIAL CHANGE OF USE COMPONENT te: Where meeting the definition of Material Change of Use under PAct. i.e. new house on vacant lot or replacement house or new secondary dwelling. Is the MCU Accepted Development (with requirements) and fully complies with codes? COUNCIL is Assessment Manager Yes MCU approval required Is a Concurrence Agency Referral to Council triggered for the BW application? (e.g. siting requirements or Accepted Development (exempt) MCUs) Yes Is the BW Minor Building Work and not affected by height or heritage overlay? Is the BW Accepted Development (with requirements) and fully complies with all applicable codes? Yes Yes BW is Accepted Development (exempt) from planning scheme DBW approval required Does Sch 6, Part 2, 2(2) of Regulations apply? (ie MCU exemption in residential zone & no overlay except bushfire refer to Q&A guide) Are the non-compliances only related to the alternative QDC provisions? (e.g. siting requirements) Yes Yes MCU is Accepted Development (exempt) CAR Activated (formerly RAP) MCU approval required CAR Activated (formerly RAB) Plans of Development and GIAs Where the elements of noncompliance relate to an approved Plan of Development associated with a Reconfiguring a Lot approval then this can only be resolved by a change to the approval or a Generally in Accordance agreement. Concurrence Agency Referral (CAR) triggers under Planning Regulation Sch 9, Part 3, Div 2 including: Table 3 Design & Siting (formerly RAB) i.e. if BW fails QDC or alternative provisions (siting requirements) Table 8 Accepted Development (exempt) MCU for Dwelling House (formerly RAP) CAR response COUNCIL ASSESSMENT PROCESS REQUIRED Where house already exists and non-compliance is not solely related to QDC alternative provisions e.g: Over-height houses Shed sizes or heights Overlays (e.g. flooding, biodiversity, steep land) Filling & excavation Tennis courts Local Plan variations where not QDC alternative provisions Where meeting definition of MCU, such as a new house on vacant land, and where MCU exemption does not apply and non-compliance is not solely related to QDC alternative provisions eg: Over-height houses Secondary dwellings in Rural zones Shed sizes or heights Overlays (e.g. flooding, biodiversity, steep land) Filling & excavation Tennis courts Car parking and driveway crossovers for new houses Local Plan variations where not QDC alternative provisions BA DBW MCU KEY: BA = Building Approval BW = Building Works CAR = Concurrence Agency Referral (formerly RAB, RAP) DBW = Development permit for Building Works (assessable against the Planning Scheme) PAct = Planning Act 2016 V1- July 2017

16 Attachment 1 Questionnaire and flowchart 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) (b) (c) (d) 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 or a Generally in Accordance Request that reflects the proposed dwelling house. 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. Both the information request period and the referral agency assessment period may be extended with the applicant s agreement. 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 2 Dwelling house code (Incorporating Amendments. 1 & 2)

18 9.3.6 Dwelling house code Application (1) This code applies to accepted development and assessable development identified as requiring assessment against the Dwelling house 3 code by the tables of assessment in Part 5 (Tables of assessment). (2) The acceptable outcomes in Table (Requirements for accepted development and performance outcomes and acceptable outcomes for assessable development) are requirements for applicable accepted development. (3) All provisions in this code are assessment benchmarks for applicable assessable development 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 Performance outcomes and acceptable outcomes 4 Table Requirements for accepted development and performance outcomes and acceptable outcomes for 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; 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; 3 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. 4 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. Sunshine Coast Planning Scheme 2014 Amended 3 July 2017 Page 9-21

19 Performance Outcomes (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 elements within the street. Acceptable Outcomes (b) does not exceed a height of 3.6 metres; and (c) has a total floor area that does not exceed 56m². te 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 te 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. 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. te 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. Sunshine Coast Planning Scheme 2014 Amended 3 July 2017 Page 9-22