2021-12-13 GC Agenda - Item 8 -Attachment 1 - Housing Needs Assessment

7.4.1            Dwelling house
The Planning Regulation 2017, and in turn the Noosa Plan 2020 includes the following definition of
a dwelling house—
        dwelling house means a residential use of premises involving—
        (a) 1 dwelling for a single household and any domestic outbuildings associated with the
        dwelling; or
        (b) 1 dwelling22 for a single household23, a secondary dwelling24 and any domestic
        outbuildings associated with either dwelling.
The Department of State Development, Infrastructure, Local Government and Planning refers to
case law25 in advising that the occupants of the secondary dwelling must form part of the one
household as the residents of the balance of the house. Therefore they may be relatives or close
friends but with the intention to live together on a long term basis. The use of a secondary dwelling
by a separate or unconnected household does not comply with the definition as implemented by the
State and is therefore defined as a dual occupancy (see below).
This interpretation does not sit comfortably with many, and the definitions are not quite the same as
those of relevance within the Bundaberg case sited.
As a secondary dwelling is part of the land use definition of a house, it is therefore acceptable
development wherever a house is acceptable development (generally all of the residential zones
plus the rural and the rural residential zones). Acceptable outcomes within the relevant zone code,
the Low Density Housing Code and any relevant overlay codes need to be met.
The construction of a compliant secondary dwelling, (whether referred to as a granny flat, relative’s
apartment, annexed flat, studio or otherwise) either attached to, underneath or some distance from
the balance of the house does not change the land use from being a “dwelling house”.
In most cases a private building certifier will issue the permit for a secondary dwelling and classify it
as alterations or additions to the house. Therefore, it will not contribute to State monitoring as a new
or additional dwelling, as this monitoring is derived from building permit data.
Council officers check building approvals and since October 2016 Council have issued Infrastructure
Charges notices on 22026 secondary dwellings (equating to 0.8 per week) although less than 130 of
these were acknowledged on the building applications.
The RTA publishes information for property managers and owners stating they must ensure there is
nothing preventing the tenant from moving into the property (e.g. you may not rent out a granny flat
if it has not been approved by the local council).




22 dwelling means all or part of a building that—

(a) is used, or capable of being used, as a self-contained residence; and
(b) contains—
          (i) food preparation facilities; and
          (ii) a bath or shower; and
          (iii) a toilet; and
          (iv) a wash basin; and
          (v) facilities for washing clothes.
23 household means 1 or more individuals who—

(a) live in a dwelling with the intent of living together on a long-term basis; and
(b) make common provision for food and other essentials for living.
24 secondary dwelling means a dwelling, whether attached or detached, that is used in conjunction with, and

subordinate to, a dwelling house on the same lot.
25 Katherine Lalis v Bundaberg Regional Council [2018] Qld Planning and Environment Court
26 Fifteen of these have lapsed or been cancelled




Noosa Housing Needs Assessment 2021                                                               Page 59