Planning Frequently Asked Questions
The Queensland Development Code (QDC) sets out specific design, setback and siting requirements for detached dwelling houses (i.e. Class 1a), except where the Southern Downs Planning Scheme identifies an alternative requirements.
The Southern Downs Planning Scheme identifies alternative setback provisions for dwelling houses in the Rural zone, and on lots more than 1.0 hectares in the Rural residential zone, as follows:
Rural residential zone – on a lot more than 1 ha, 10 m from boundaries of the lot
Rural zone - 60 m from the side and rear boundaries, and any boundary with a gravel road
Planning approval is required from Council to build a dwelling within these required setbacks.
The setbacks for dwelling on other allotments are stipulated as Acceptable Solutions in the following parts of the Queensland Development Code (QDC), which can be accessed on the website of the Department of Housing and Public Works:
For example, the standard setbacks required for a single storey dwelling on an allotment of at least 450m2 and a road frontage of more than 15 metres are:
- 6 metres from the front road boundary; and
- 1.5 metres from the side and rear boundaries.
Different requirements apply for dwellings over 4.5 metres in height, or located on a corner allotment or narrow lot. You will need to check the QDC to determine what setbacks apply to your land.
If you propose to construct a dwelling within the setbacks required by the QDC you will need to refer your building application to Council, and demonstrate how you can comply with the relevant Performance Criteria of the QDC.
You can view the details of recent development approvals by conducting an Application Search on Council’s Online Services . Details are available for applications received from 1 January 2010, except for Operational Works applications which are available from 1 September 2013.
A Building Records Search (~~~DocAnnotation.type.111078~~~ ~~~DocAnnotation.size.111078~~~) will give you details of the building approvals that have been issued for a particular address. A building records search does not provide copies of building plans or documents.
You can also obtain further details by requesting a Planning and Development Certificate (~~~DocAnnotation.type.111078~~~ ~~~DocAnnotation.size.111078~~~) :
A Standard Planning and Development Certificate provides general town planning information regarding the land: e.g. the zoning, what overlays apply, and whether there are any outstanding infrastructure charges. It also includes copies of all development approvals that relate to the land. This certificate can take up to 10 business days to prepare.
A Full Planning and Development Certificate provides all the information in a standard certificate, and includes comments regarding compliance will all conditions of development approvals for the land. This certificate can take up to 30 business days to prepare.
Whether a lot can be subdivided will depend on the zoning of the land, and the minimum lot size for the zone.
Not all zones have a minimum lot size. In these zones, the resulting lots must be of a size and shape that will allow for future use for their intended purpose.
Applications for subdivision into lots less than the minimum lots size may be approved where located in an urban area and the lots will complement the character of the surrounding area.
The minimum lots sizes are as follows:
An application to subdivide land into lots less than the minimum lots size will be subject to impact assessment (as opposed to code assessment). Refer to the fact sheet on How to make an application for Reconfiguration of a Lot (~~~DocAnnotation.type.539~~~ ~~~DocAnnotation.size.539~~~).
Development applications that are subject to impact assessment must undergo a public notification period of at least 15 business days. During this period, a copy of the application can be viewed at Council’s office, and members of the public may lodge submissions regarding the proposed development.
The submission must be a ‘properly made submission’ to be considered by Council and to allow the submitter to the right to appeal in relation to Council’s decision.
To be a ‘properly made submission’, a submission must:
- be in writing and, unless the submission is made via email, be signed by each person who made the submission
- be received by Council before the close of the notification period
- state the name and address of each person who made the submission
- state the grounds of the submission and the facts and circumstances relied on in support of the grounds.
When stating the grounds of a submission and the facts and circumstances relied on, it is important to focus on planning issues such as:
- whether the proposed use is consistent with the intent for the area as expressed in the planning scheme
- whether the scale and design of the proposed development is compatible with surrounding developmentany potential traffic and car parking issues associated with the development
- hours of operation (for commercial activities)
- how the development impacts on drainage in the area
- how the development protects and enhances the natural environment.
Submissions can be made to Council by emailing to mail@sdrc.qld.gov.au, or posting them to the following address:
The Assessment Manager
Southern Downs Regional Council
PO Box 26
WARWICK QLD 4370
The land within the Sugarloaf Forestry area is included in the Limited Development (constrained land) zone under the Southern Downs Planning Scheme.
The historic subdivision of Sugarloaf Forestry is not an urban or rural residential area, but is an area for forestry and rural activity. Residential development on the small lots within the Sugarloaf Forestry is restricted as it is not an area which is suitable for future residential or rural residential development.
Any proposal to construct a building for any purpose on a lot less than 20 hectares in the Sugarloaf Forestry requires planning approval prior to a building approval being issued for the structure. The construction of any buildings other than rural sheds on lots less than 20 hectares is effectively prohibited.
Unless you have a lot of at least 20 hectares you cannot construct a dwelling on the land. No use of a building for residential purposes on either a permanent, temporary or intermittent basis is allowed on a lot less than 20 hectares.
If you apply to Council for approval for a shed on an allotment less than 20 ha, you will need to demonstrate that the shed is required for rural purposes and will only be used for rural purposes (e.g. it does not include a bathroom, toilet, kitchen, etc.). You will need to include details of what rural activities you will be undertaking on the land.
If you intend conducting a Temporary Entertainment Event you may need a local law permit under Subordinate Local Law 1.12 (Operation of Temporary Entertainment Events) 2011.
A permit is not required if:
- A planning approval is required for the event; or
- Conducted by a community organisation, and the event is for the sole benefit of the community organisation, and held on land owned or controlled by the community organisation
A permit for a Temporary Entertainment Event will be for one event only. If you intend conducting an entertainment event on a regular basis, a planning approval may be required. If this is the case, it is suggested you discuss the event with a Council planner.
To apply for a permit for a Temporary Entertainment Event, you will need to complete the Application Form (PDF 243.4KB) and submit this to Council with the relevant fee and supporting information as follows:
- A site plan as detailed on the application form
- An estimate of the number of people that will be attending the event
- Dates and hours of the event
- What activities will be conducted, e.g. live music
- Traffic and crowd control management plan
- Emergency Procedures Manual e.g. first aid, bush fire, traffic accident, serious injury
- Details of the number of toilets and showers that will be available
- Details of potable water supply
- Details of refuse collection and disposal
For events to be held in a rural area over multiple days, you will need to advise the emergency services of the proposed event and have the Queensland Police Service, the Queensland Fire and Emergency Services and the Queensland Ambulance Service sign the application form.
An event must not adversely affect the surrounding neighbourhood.
Food Licensing
If food and refreshments are served or sold it may be necessary for food vendor operators to obtain a Temporary Food Business Licence. Generally food businesses that involve the preparation of food do require a licence. Some exemptions apply to not-for-profit organisations, the sale of packaged foods and the sale of whole fruit and vegetables.
Food businesses can apply for a licence by completing the Temporary Food Business Licence form and submitting it to Council at least two weeks prior to the event.
If you are unsure about whether a food licence will be required, please contact Council’s Environmental Health Section on 1300 697 372 or mail@sdrc.qld.gov.au.
The zoning of land indicates the type of development that is appropriate in the various parts of the region, and whether planning approval is required for various development and the level of assessment required.
The zoning of land if different from the categories used for rating purposes, i.e. the category which appears on your rates notice.
To find the zoning of your land, you can use Council's online mapping system:
- Choose the ‘Planning’ module at the top left of the screen. The map that generates will automatically show the colours that represent the different zones.
- Tick the box next to ‘Planning Scheme (Legend)’ to the bottom left of the screen in the list of ‘Layers’, and expand the legend by clicking on the ‘+’. This will show you which colour represents each zone.
- The Rural zone is further classified Precincts. The precincts can be viewed by ticking the ‘Rural Precincts’ layer and expanding the legend by clicking on the ‘+’.
You can also use the process to view any overlays that may apply to the land.