Council to request clarity in state’s secondary dwelling code proposals

Redland City Council will make a submission on the State Government’s proposed State Code for a Dwelling House that is a Secondary Dwelling, requesting clearer definitions and processes.

Deputy Mayor Julie Talty said Council held concern with parts of the code and was seeking clarity around certain definitions that would assist with both application and compliance.

Prepared by the Department of Housing, Local Government, Planning and Public Works (DHLGPPW), the proposed draft state code was released for public consultation on 30 September 2024.

At this week’s general meeting, Council resolved to authorise a submission be prepared and submitted by Council officers.

Cr Talty, who chaired the meeting, said definitions in the code did not sufficiently differentiate the two separate uses – dwelling house including a secondary dwelling, versus a dual occupancy – for local governments and building certifiers to correctly classify what was proposed.

“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.”

Without a clear distinction between the definitions, Cr Talty said there were opportunities under the state code for dual occupancies to be approved as secondary dwellings, bypassing planning scheme requirements and/or limiting Council’s ability to levy infrastructure charges.

Cr Talty said the submission would also ask for clearer guidance on how the provisions in the code would apply where an existing dwelling was retained as the secondary dwelling.

“Determining which dwelling is the primary dwelling and which is the secondary dwelling and how the legislation applies where there is an existing dwelling is a major issue local governments are facing,” she said.

“Many developments propose to retain an existing house as a secondary dwelling and construct a new house as the primary dwelling house.

“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?”

Cr Talty said information provided by the DHLGPPW did not clarify how this common situation was to be addressed and how the legislation was to apply in these circumstances.

Along with a number of other requests, Council’s submission will ask for the draft state code to provide further advice to local governments relating to the assessment pathway, and will suggest a way to simplify the process and maintain the ability of local government to specify alternative provisions.

In September 2023, Council resolved to commence a planning scheme amendment to introduce provisions around the size and scale for secondary dwellings in City Plan. This amendment is still being considered by the State.

Amendments to the Amenity and Aesthetics Policy and Guideline adopted at the time by Council were brought into effect on 1 February this year. They proposed limits on the gross floor area of secondary dwellings (85sqm where the lot size is less than 1000sqm, 112sqm where the lot size is 1000sqm or more, and 160sqm in a Rural Zone where the lot is 6000sqm or more).