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In short, it depends on what zone you are in and if your property is impacted by any overlays. In the majority of cases a development approval is required for a Granny Flat (or a Secondary Dwelling as they are known within the Gold Coast City Plan) in the Gold Coast. This also includes tiny homes.
So, what zones and overlays do you need to be aware of when trying to determine if your Granny Flat requires a development approval? We discuss some of the most common ones below.
Low Density Residential Zone
Following the introduction of new legislation from the State Government in late 2022 a Granny Flat within the Low Density Residential Zone no longer triggers a development application and is recognised as accepted development. If you are encroaching on setbacks or exceed site coverage requirements, you will still need to complete a Relaxation Application (Referral Agency Assessment Application). Overlays can still trigger a Granny Flat up to a development application, so best to check with a town planner to confirm if one is needed. Areas of the city that have a high concentration of Low Density Residentially Zoned properties include – Ashmore, Benowa, Broadbeach Waters, Mermaid Waters and Burleigh Waters.
Rural and Rural Residential Zone
In the Rural and Rural Residential Zone in some rare instances you can avoid a Development Application. In order to avoid a development application, you will need to satisfy all relevant required outcomes of the Gold Coast City Plan. The required outcomes are the equivalent of a checklist of items you need to meet and include such things as size of the Granny Flat, its materials, distance from the primary Dwelling etc. You are also required to meet all required outcomes of any relevant overlays. In Aligns experience 90% + of Granny Flats in the Rural and Rural Residential Zone require a Development Application. Areas of the city that have a high concentration of Rural and Rural Residentially Zoned properties include – Tallai, Tallebudgera, Bonogin, Mudgeeraba and Worongary
Medium Density Residential Zone
Although Granny Flats are not as popular in the Medium Density Residential Zone as you have the ability to establish second primary houses instead (Duplex), they can still be applied for. The requirements are similar to the Rural and Rural Residential Zone, where you will need to satisfy all required outcomes to avoid a Development Application. Areas of the city that have a high concentration of Medium Density Residentially Zoned properties include – Paradise Point, Labrador, Biggera Waters, Palm Beach and Southport.
Flood Overlay
If your property is flood prone you will need to satisfy all required outcomes of the Flood Overlay Code to avoid triggering a development application. This includes minimum floor levels, flood storage and flood free access. You will need a survey to determine your ground levels and floor levels will need to be identified on any set of plans to help determine if compliance is achieved.
Bushfire Overlay
If your property is identified within the Bushfire Overlay, you will need to satisfy all required outcomes of the Bushfire Overlay Code to avoid a development application. In most cases you will need to engage a Bushfire consultant to determine if your property satisfies all required outcomes of the Bushfire Overlay Code. If the Granny Flat is close to bush and in a Rural or Rural Residential Area, it is most likely that a non compliance with a required outcome will be triggered and a development application required.
Environmental Significance Ovelray
As per the overlays discussed above, if your property is identified within the Environmental Significance Overlay, you will need to satisfy all required outcomes of the Environmental Significance Overlay Code to avoid a development application. The required outcomes of the code are some of the most difficult to meet and include large buffer zones around waterways and vegetated areas. If the Granny Flat is located in the buffer zones a development application is triggered automatically. This even includes situations where no tree removal or habitat disturbance is proposed. In most instances the town planner can quickly determine if a non compliance with the required outcomes of the Environmental Significance Code is triggered.
If you want to see what zoning you are then follow this link and head to the interactive maps page – https://www.goldcoast.qld.gov.au/Planning-building/Planning-our-city
If you are looking to do a Granny Flat on the Gold Coast, we highly recommend engaging with a town planner at the beginning. The Planner can quickly identify any key issues or constraints of the property and help you put forward a design that either avoids a development application all together or minimises the non compliances to ensure a smooth approval process with Council. Contact us today if you need any help or are considering a Granny Flat for your property.