Secondary Dwellings - Planning Amendments
Redland City Council has resolved to commence a major amendment to the City Plan relating to secondary dwellings. Changes will also be made to the Amenity and Aesthetics Policy and Guideline and the Adopted Infrastructure Charges Resolution (No. 3.1) 2020.
Council has identified the need for the amendments following the State Government's announcement of changes to the Planning Regulation 2017 (the Regulation) relating to secondary dwellings. These changes came into effect on 23 September 2022 via the Planning (Secondary Dwellings) Amendment Regulation 2022.
The impact of the change to the definitions is that the occupants of a secondary dwelling no longer need to be related to or associated with the household of the principal dwelling. Secondary dwellings can therefore be rented out to occupants who have no connection with the occupants of the principal dwelling house. The definition of secondary dwelling requires that the secondary dwelling should be used in conjunction with but subordinate to another dwelling on the lot.
While supportive of the intent of this legislative change, Council has identified concerns relating to potential unintended impacts of the changes especially on amenity and infrastructure provision. Unlike other Local Government planning schemes in South-East Queensland, the City Plan does not include specific provisions to restrict the size or siting of a secondary dwelling to ensure it remains ‘subordinate’ to the principal dwelling on the lot. Without appropriate benchmarks, the State Regulation changes may result in:
- A substantial increase in secondary dwellings and potentially a reduction in the number of dual occupancies being delivered, given that Council currently levies infrastructure charges for dual occupancies but not for secondary dwellings.
- Secondary dwelling developments that resemble dual occupancies in size and operation.
- Impacts on residential amenity and infrastructure, both in newly developing areas (where all new dwellings could be constructed with a secondary dwelling) and existing suburbs (where large secondary dwellings may be constructed in back or front yards).
Proposed amendments
Amendments to City Plan
In response to the Planning Regulation 2017 changes, there is a need to make changes to City Plan to regulate secondary dwellings. A proposed major amendment to City Plan has been drafted (see Attachment 2 on this page) to identify acceptable planning outcomes for the gross floor area of secondary dwellings and compliance with the relevant parts of the Queensland Development Code (QDC).
Major planning scheme amendments require State Government approval and can take a considerable time before they are in effect.
Amendment to Amenity and Aesthetics Policy and Guidelines
As a short-term solution, Council has resolved to amend its Amenity and Aesthetics Policy and Guideline to include provisions relating to secondary dwellings. These provisions are similar to those proposed through the major amendment process and are outlined in Attachments 3 and 4 on this page.
Changes to Council’s Adopted Infrastructure Charges Resolution
Council has decided that partial infrastructure charges will be levied for secondary dwellings that do not adopt the new acceptable outcomes which limit the gross floor area of a secondary dwelling. This approach is intended to ensure that charges are only levied where the size of the secondary dwelling is larger than what was expected for a typical secondary dwelling. Without these changes to infrastructure levying, all ratepayers will ultimately pay for the additional load on infrastructure created by large, secondary dwellings that resemble dual occupancies.
To give effect to the proposals above Council has agreed:
- To commence a major amendment to the City Plan as outlined in the Minister’s Guidelines and Rules under the Planning Act 2016 and to submit the proposed amendment to the Minister of State Development, Infrastructure, Local Government and Planning, for State Interest Review.
- To adopt the updated Amenity and Aesthetics Policy and Guideline in Attachments 3 and 4 to take effect on 1 February 2024.
- To adopt the Redland City Council Adopted Infrastructure Charges Resolution (No. 3.2) 2023 replacing Resolution (No. 3.1) 2020 to take effect on 20 September 2023.
The amendment has been submitted for State Interest Review.
Further updates will be provided once the State Interest Review has been finalised and Council has approval to commence public consultation. Through this formal public consultation period, the community will have the opportunity to have their say on the amendment. All properly made submissions will be considered by Council. If, after considering all submissions Council resolves to progress with the proposed amendment it will be returned to the State Government for final Ministerial consideration and Council adoption.
When the City Plan amendment commences in the future, the provisions relating to secondary dwellings within the Amenity and Aesthetics Policy and Guideline will be removed.
Update-February 2024
The updated Amenity and Aesthetics Policy and Guideline, including the new provisions relating to secondary dwellings, commenced on 1 February 2024. See below.