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9.3.8 Dwelling house (small lot) code

9.3.8.1 Application

(1) This code applies to assessing a material change of use or building work if:
(a) accepted development subject to compliance with identified requirements, where acceptable outcomes of this code are identified requirements in a table of assessment for a material change of use (section 5.5), building work (section 5.7), a neighbourhood plan (section 5.9), building work (section 5.7) or an overlay (section 5.10); or
(b) assessable development where this code is in an applicable code identified in the assessment benchmarks column of a table of assessment for a material change of use (section 5.5), building work (section 5.7), a neighbourhood plan (section 5.9), building work (section 5.7) or an overlay (section 5.10); or
(c) impact assessable development for a dwelling house if on a small lot or a use of a similar nature.
(2) When using this code, reference should be made to section 1.5 and section 5.3.3.

Note—The following purpose, overall outcomes, performance outcomes and acceptable outcomes comprise the assessment benchmarks of this code.

Note—Where the site is also included in a neighbourhood plan, an overlay code such as the Bushfire overlay code, Flood overlay code, Landslide overlay code, Significant landscape tree overlay code or Waterway corridors overlay code, additional provisions relating to that also apply. For example, minimum floor levels for a dwelling house on a site subject to certain types of flooding, are identified in the Flood overlay code.

Note—Where the site is located may be subject to a zone, zone precinct, neighbourhood plan or overlay code, these may vary the outcomes identified in this code and to the extent that these vary, those outcomes prevail.

Note—Preliminary approvals or development approval for other aspects of development can vary the outcomes of this code and to the extent that these vary, those outcomes prevail.

Editor’s note—Depositing or allowing sediment or other water contaminants to wash or move into roadways, stormwater pipes and waterways without taking appropriate steps to prevent this occurring, is a breach of the Environmental Protection Act 1994. Penalties apply including fines and prosecution. Additional information, including best-practice guidelines for controlling stormwater pollution from building sites and factsheets on erosion and sediment control, can be found on the South East Queensland Healthy Waterways Water by Design program website.

Editor’s note—For a proposal to be accepted development subject to compliance with identified requirements, it must meet all the identified acceptable outcomes of this code and any other applicable code. Where it does not meet all identified acceptable outcomes, the proposal becomes assessable development and a development application is required. Where a development application is triggered, only the specific acceptable outcomes that the proposal fails to meet need to be assessed against the corresponding assessable acceptable outcomes or performance outcomes and relevant overall outcomes. Other identified acceptable outcomes that are met are not assessed as part of the development application.

9.3.8.2 Purpose

(1) The purpose of the Dwelling house (small lot) code is to assess the suitability of development to which this code applies.
(2) The purpose of the code will be achieved through the following overall outcomes:
(a) Development ensures that a dwelling house, including a habitable building on the site, is occupied by the same single household.
(b) Development for a dwelling house, including a secondary dwelling or domestic outbuilding, incorporates design and siting to allow reasonable access to daylight and sunlight for neighbouring dwellings and private open space.
(c) Development for a dwelling house incorporates design and siting to provide a pleasant living environment for occupants, including sufficient useable private open space for recreation, visual outlook and service functions of the occupants.
(d) Development for a dwelling house incorporates design and siting to provide an appropriate level of privacy for occupants of adjoining dwelling houses.
(e) Development of a dwelling house provides sufficient and safe vehicle access and parking for residents.
(f) Development ensures that a dwelling house, including a secondary dwelling or domestic outbuilding, does not cause adverse drainage impacts or flooding of upstream, downstream or adjoining land.
(g) Development ensures that the siting of a dwelling house and any built to boundary walls does not negatively impact on the privacy and amenity of adjoining residents.
(h) Development for a dwelling house, including a secondary dwelling or domestic outbuilding, is of a height that is appropriate to the strategic and local context and meets community expectations. Development has a building height that is predominantly:
(i) 1 or 2 storeys in the Low density residential zone, Character residential zone, 2 storey mix zone precinct of the Low-medium density residential zone, 2 or 3 storey mix zone precinct of the Low-medium density residential zone, Rural residential zone, Environmental management zone, Rural zone or the Emerging community zone;
(ii) 3 storeys in the Up to 3 storey zone precinct of the Low-medium density residential zone or the Medium density residential zone.

9.3.8.3 Performance outcomes and acceptable outcomes

Table 9.3.8.3.A—Performance outcomes and acceptable outcomes
Performance outcomes
Acceptable outcomes
PO1
Development ensures that a building other than a dwelling house on a site:
(a) is used for a domestic residential purpose, in conjunction with and subordinate to the dwelling house on the same site;
(b) is smaller in size and scale than the dwelling house;
(c) has the appearance of a building ancillary to the dwelling house;
(d) is occupied by members of the same household who occupy the dwelling house.
AO1.1
Development comprises not more than 1 dwelling house and 1 secondary dwelling, occupied by 1 household comprising:
(a) 1 person maintaining a household; or
(b) 2 or more persons related by blood, marriage or adoption; or
(c) not more than 5 persons, not necessarily related by blood, marriage or adoption;
(d) not more than 5 persons under the age of 18 and not necessarily related by blood, marriage or adoption, together with 1 or 2 adult persons who have care or control of them.
AO1.2
Development for a secondary dwelling is:
(a) a maximum of 80m2 in gross floor area;
(b) located within 20m of the dwelling house;
(c) occupied by 1 or more members of the same household as the dwelling house.
PO2
Development is of a bulk and scale that:
(a) is consistent with and complements the built form and front boundary setbacks prevailing in the street and local area;
(b) does not create overbearing development for adjoining dwelling houses and their private open space;
(c) does not impact on the amenity and privacy of residents in adjoining dwelling houses;
(d) does not result in the loss of significant views or outlook of adjoining residents;
(e) provides for natural light, sunlight and breezes.
AO2
Development is contained within:
(a) the building envelope for the site, created by applying:
(i) the acceptable outcome for maximum building height;
(ii) the acceptable outcome for front, rear and side boundary setbacks;
(iii) acceptable outcomes for built to boundary walls in so far as these determine the building envelope; or
(b) the approved building envelope for the site to the extent of any inconsistency with (a).

Note—Refer to Figure a for examples of the building envelope for a dwelling house on a small lot.Note—The building envelope is not the developable area or building extent, but a three-dimensional envelope that limits the extent of a building in any direction.

Note—This acceptable outcome can be demonstrated by preparing a building envelope plan, elevations and sections.

PO3
Development has a building height that:
(a) does not unduly overshadow adjoining dwelling houses and their associated private open space in terms of access to sunlight and daylight;
(b) is consistent with the building height of dwelling houses prevailing in the immediate vicinity;
(c) contains a 3 storey component only where necessary to enable a predominantly 2 storey dwelling to address the local circumstances of topography (refer to Figure b);
(d) may be higher than adjoining properties only to the extent required to achieve the minimum habitable floor levels required for flood immunity.

Note—In interpreting PO3(b), the term 'prevailing in the immediate vicinity' means the building height of the majority (more than 50%) of all the dwelling houses in the same zone as the subject site and within 35m of any point of the street frontage of the subject site.

AO3
Development:
(a) in the Low density residential zone, Character residential zone, 2 storey mix zone precinct of the Low–medium density residential zone, 2 or 3 storey mix zone precinct of the Low–medium density residential zone, Rural residential zone, Environmental management zone, Rural zone or Emerging community zone results in a maximum building height of 7.5m above ground level at side and rear walls, increasing at no more than 30 degrees to a maximum building height of 9.5m above ground level and:
(i) 2 storeys; or
(ii) 1 storey if the development also includes a space that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above that contains only a bathroom, shower room, laundry, water closet, or other sanitary compartment; or
(b) is located within an approved building envelope for the site to the extent of any inconsistency with (a).

Note—The lowest point forming part of the maximum building height identified in AO3 being 7.5m is determined by the applicable setback identified in AO6(a) or AO6(c), but not AO6(b) in this code.

Editor's note—For example, the point at which the maximum building height of 7.5m above ground (as provided by AO3) is determined to be setback 1m if the adjoining lot has a dwelling house with habitable spaces setback from the shared boundary. If the same adjoining dwelling had a built to the side boundary non-habitable garage (as provided for by AO6(b)), the point at which the maximum building height of 7.5m above ground is measured from would remain 1m.

Editor's note—In interpretation of what maximum building height is provided for by AO3, the width of a subject lot will determine the maximum building height by way of the point either where 30⁰ planes rising from opposite boundaries meet or the maximum building height identified in AO3, whichever is the lesser is the maximum building height.

PO4
Development has a building height that:
(a) does not unduly overshadow adjoining dwelling houses and their associated private open space in terms of access to sunlight and daylight;
(b) is consistent with the building height of dwelling houses prevailing in the immediate vicinity.

Note—In interpreting PO4(b), the term 'prevailing in the immediate vicinity' means the building height of the majority (more than 50%) of all the dwelling houses in the same zone as the subject site and within 35m of any point of the street frontage of the subject site.

AO4
Development:
(a) in the Up to 3 storeys zone precinct of the Low-medium density residential zone or in the Medium density residential zone results in a maximum building height of 9.5 above ground level at side and rear walls, increasing at no more than 30 degrees to a maximum building height of 11.5m above ground level and:
(i) 3 storeys; or
(ii) 2 storeys if the development also includes a space that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above that contains only a bathroom, shower room, laundry, water closet, or other sanitary compartment; or
(b) is located within an approved building envelope for the site to the extent of any inconsistency with (a).

Note—The lowest point forming part of the maximum building height identified in AO4 being 9.5m is determined by the applicable setback identified in AO6(a) or AO6(c), but not AO6(b) in this code.

Editor's note—For example, the point at which the maximum building height of 9.5m above ground (as provided by AO4) is determined to be setback 1m if the adjoining lot has a dwelling house with habitable spaces setback from the shared boundary. If the same adjoining dwelling had a built to the side boundary non-habitable garage (as provided for by AO6(b)), the point at which the maximum building height of 9.5m above ground is measured from would remain 1m.

Editor's note—In interpretation of what maximum building height is provided for by AO4, the width of a subject lot will determine the maximum building height by way of the point either where 30° planes rising from opposite boundaries meet or the maximum building height identified in AO4, whichever is the lesser is the maximum building height.

PO5
Development provides a front boundary setback that is consistent with and complements the front boundary setbacks prevailing in the street and local area.
AO5
Development results in a minimum street frontage setback that is:
(i) 6m where all adjoining dwelling houses have a setback of 6m or more; or
(ii) the same as the least setback, but not less than 3m, of an adjoining dwelling house where that dwelling house has a setback less than 6m; or
(iii) 3m where there is no adjoining dwelling house;
(i) 1.5m; or
(ii) 0m for non-habitable spaces up to 3m building height where the secondary street frontage is opposite to the primary street frontage and the road reserve of the secondary street frontage is 8m or less wide and a minor road;
(c) in addition to either (a) where the setback is less than 5.5m or (b)(i) above, a minimum of 5.5m street frontage setback for garages; or
(d) located within an approved building envelope for the site to the extent of any inconsistency with (a), (b) or (c).
PO6
Development provides side boundary setbacks that:
(a) does not impact on the amenity and privacy of residents in adjoining dwelling houses;
(b) provides for natural light, sunlight and breezes.
AO6
Development results in a minimum side boundary setback that is:
(a) 1m for habitable spaces; or
(b) 0.5m and a maximum height of 3.5m for non-habitable spaces only for a maximum length of:
(i) 15m, where located in the Low–medium density residential zone, Medium density residential zone or High density residential zone; or
(ii) 9m, where in the Low density residential zone or the Character residential zone; or
(c) 0m where:
(i) matching the extent of an existing built to boundary wall on the adjoining property; or
(ii) the adjoining property is 300m2 or less and in the Residential zone category other than in the Character zone precinct of the Character residential zone; or
(iii) on a lot with an average width of 7.5m or less where the adjoining property is 300m2 or less and in the Residential zone category other than in the Character zone precinct of the Character residential zone and the adjoining property has no existing built to the boundary wall; or
(iv) on a lot with an average width of more than 7.5m in the Low density residential zone or the Infill housing zone precinct of the Character residential zone where the registered owner of the adjoining premises does not object to a setback less than AO6(b) but only for non-habitable spaces, a maximum height of 3m and a maximum length of 9m; or
(d) located within an approved building envelope for the site to the extent of any inconsistency with (a), (b) or (c).

Note—A02.4(c)(ii) and (iii) apply to the development of a dwelling house at the same time as an adjoining dwelling house or adjoining dwelling houses developed at separate times.

Editor's note—For the purpose of satisfying A02.4(c)(iv), confirmation in writing in the form of a statutory declaration from the registered owner of the adjoining premises is required to be submitted to demonstrate compliance.

PO7
Development provides a rear boundary setback that:
(a) provides for open space and landscaping;
(b) does not impact on the amenity and privacy of residents in adjoining dwelling houses;
(c) provides for natural light, sunlight and breezes.
AO7
Development results in a minimum rear boundary setback that is:
(a) 6m, where on a lot with an average depth of more than 25m; or
(b) on a lot with an average depth of 25m or less:
(i) 3m, for a part of a building or structure up to 4.5m high;
(ii) 4.5m, for a part of a building or structure over 4.5m high.
(c) located within an approved building envelope for the site to the extent of any inconsistency with (a) or (b).

Editor's note—in interpreting AO7 refer to the deemed compliance with site cover and setback assessment criteria in section 1.7.6.

PO8
Development provides an even distribution of open space and building footprint, to facilitate a balance of indoor and outdoor recreation and adequate private open space.
AO8
Development results in a maximum site cover of:
(a) 50% where the lot is 400m2 or more; or
(b) 60% where the lot is 300m2 or more and less than 400m2; or
(c) 70% where the lot is 200m2 or more and less than 300m2; or
(d) 80% where the lot is less than 200m2.
PO9
Development involving any built to boundary wall does not impact on the amenity or privacy of residents or adjoining residents.
AO9.1
Development ensures that a built to boundary wall is:
(a) for non-habitable rooms or spaces only where the adjoining lot is more than 300m2;
(b) not located within 1m of a window of a habitable room in an adjoining dwelling house;
(c) not located within the front or rear boundary setbacks;
(d) low maintenance and constructed of pre-finished materials.
Refer to Figure c and Figure d.

Note—Built to boundary walls are distinct from side setbacks. Reduced setbacks for dwelling houses on small lots may be used for habitable space as provided under A02.4.

AO9.2
Development does not include any built to boundary walls in the Character zone precinct of the Character residential zone other than:
(a) matching the extent of an existing built to boundary wall on adjoining premises; or
(b) on a lot with an average width of more than 7.5m where the registered owner of the adjoining premises does not object to a setback less than AO6(b) but only for non-habitable spaces, a maximum height of 3m and a maximum length of 9m.

Editor's note — For the purposes of satisfying A04.2(b), confirmation in writing in the form of a statutory declaration from the registered owner of the adjoining premises is required to be submitted to demonstrate compliance.

PO10
Development results in building length and bulk of a domestic scale which minimises overbearing for adjoining dwelling houses and their private open space.
AO10
Development results in a combined total length of the building or building components of a dwelling house, secondary dwelling and domestic outbuilding that does not exceed 25m.

Note—Building length includes garages, decks, balconies, verandahs and other projections and excludes eaves, sunhoods and other building work that comprise prescribed accepted development.

PO11
Development ensures that a dwelling house is orientated to the street to facilitate casual surveillance of the street and provide visual interest.

Note—This performance outcome is not applicable for a rear lot.

AO11
Development results in the dwelling house having windows to habitable rooms or balconies on the facades facing the street.

Note—This acceptable outcome is not applicable for a rear lot.

PO12
Development ensures that vehicle access and parking is accommodated on site with:
(a) vehicle access of an appropriate grade and width to facilitate safe property access;
(b) a driveway crossover width that does not visually dominate the appearance of the dwelling house when viewed from the street;
(c) an appropriate number of car parking spaces for the scale of the dwelling house and the normal activities of a household.
AO12.1
Development provides a minimum number of on-site car parking spaces comprising:
(a) 1 car parking space for the dwelling house;
(b) 1 car parking space for any secondary dwelling on the same site;
(c) where a garage is provided, 1 car parking space forward of the garage other than a garage located on a secondary street frontage.

Editor's note—Compliance with AO12.1(c) does not have the effect of reducing a street frontage setback less than identified in AO5 but may require a greater setback to the extent of the parking space.

AO12.2
Development provides vehicular crossings that:
(a) have a maximum crossover width of 4m (excluding apron tapers);
(b) comply with standard drawing BSD-2022 or BSD-2021 for a rear lot;
(c) comply with standard drawing BSD-2024 (where 3.75m footpath width) or BSD-2025 (where 4.25m footpath width).
PO13
Development provides car accommodation that does not visually dominate the appearance of a dwelling house when viewed from a street.
AO13.1
Development of a lot with any street frontage of:
(a) 7.5m or less has a maximum of 3.5m wide single-width car accommodation only; or
(b) more than 7.5m has up to double-width car accommodation.

Editor's note—Double-width car accommodation is of sufficient width to accommodate two cars side by side; otherwise the car accommodation is single-width car accommodation.

AO13.2
Development involving tandem car parking is constructed in accordance with Figure e.
AO13.3
Development involving double-width car parking is:
(a) 6m maximum door width for a garage or total width where a carport or combination of both; or
(b) may have a door on the front of a carport;
(c) for a garage where not built to the side boundary, the garage door is recessed from the street frontage of the building at least 1m beneath the:
(i) upper storey, balcony or verandah of a 2 or more storey building; or
(ii) eave of a single-storey building;
(d) for a garage built to the side boundary, is not recessed for the part of the garage between the building and the side boundary.

Note—AO13.3(c) applies to the extent of the garage door only and does not include features such as posts that support the upper storey, balcony or verandah.

Editor's note—A013.3(d) overrides the provisions of AO13.3(c) to the extent that the garage element extends towards a side boundary beyond the balance of the building. For example, a 3m wide garage built to a side boundary would not need to be recessed in accordance with AO13.3(c) where the balance of the building was setback 3m or more from the same side boundary.

AO13.4
Development involving car accommodation constrained by a steeply sloping site (a slope of 1 in 4 or greater between the front boundary and building setback):
(a) may have a double-car carport or garage with a maximum internal width of 6m (excluding eaves) that may be constructed closer to the road alignment than the house;
(b) may include a crossover for the full width of the car accommodation.
Refer to Figure f.

Note—This acceptable outcome supersedes the street frontage setback requirements in AO5

PO14
Development minimises direct overlooking between dwellings via building siting and layout and the design of windows, balconies and screening devices.
AO14.1
Development that is within 2m for the storey closest to the ground level or 9m for storeys above, of a neighbouring dwelling house (refer to Figure g) incorporates windows, decks, balconies, terraces or roof decks that:
(a) are offset from the window of a habitable room in the adjacent dwelling house to limit direct outlook as shown in Figure h; or
(b) where a window, have:
(i) sill heights of 1.5m above the floor level of that storey; or
(ii) are covered by fixed obscure glazing in any part of the window below 1.5m above floor level of that storey; or
(iii) have fixed external screens; or
(iv) where at the ground storey, fencing to a height of 1.5m above ground-storey floor level;
(c) where a deck, balcony, terrace, or roof deck have fixed screening.
AO14.2
Development ensures that a roof deck or viewing platform:
(a) is set back at least 1.5m from the side boundary;
(b) has a floor level no more than 7m above ground level or 1.5m less than the height of the roof, whichever is less.
AO14.3
Development incorporates screening devices that are:
(a) solid translucent screens, perforated or slatted panels or fixed louvres that have a maximum of 25% openings, with a maximum opening dimension of 50mm, that are permanently fixed and durable (refer to Figure i and Figure j);
(b) offset a minimum of 0.3m from the face of the wall around any window.

Note—Screening devices may be hinged to facilitate emergency egress only.

PO15
Development for a dwelling house, secondary dwelling or domestic outbuilding, including associated site works such as retaining walls, filling and excavation ensures that if a surface or roof-water drainage system connection is required to be made through an adjoining property, the surface or roof-water drainage system is managed to prevent water seepage, concentration of run-off or ponding on an adjoining property.

Note—The Queensland Development Code outlines requirements for surface and roof-water drainage systems for Class 1 buildings and Class 10 buildings and structures where a surface or roof-water drainage connection is not required through an adjoining property.

AO15
Development for a dwelling house, secondary dwelling or domestic outbuilding, including associated site works such as retaining walls, filling and excavation ensures that if a surface or roof-water drainage system connection is required to be made through an adjoining property, the owner of the adjoining property has provided written permission for the connection.
If for single-storey adaptable housing constructed to include the adaptable housing elements listed in Table 9.3.8.3.B
PO16
Development ensures that housing is able to be readily adapted to a resident's changing life-cycle needs.
AO16
Development for a dwelling house or secondary dwelling, including associated external areas, is constructed in accordance with Table 9.3.8.3.B.
PO17
Development minimises the impacts of a dwelling house on adjoining dwelling houses and their associated private open space by:
(a) maintaining access to sunlight, daylight and privacy;
(b) ensuring building size and bulk does not create overbearing development for adjoining dwelling houses and their private open space.
AO17.1
Development:
(a) has a maximum wall height of 4.5m above ground level;
(b) is no more than 1 storey above ground level;
(c) has a minimum street frontage setback of 3m excluding uncovered stairs and ramps;
(d) complies with setbacks specified in AO6 and AO7.
AO17.2
Development of a dwelling house contains a minimum of one single car garage with a minimum width of 4m.
Table 9.3.8.3.B—Adaptable housing elements
Item
Detail
Dwelling access
(a) Dwelling access provides a well-lit, continuous, accessible path from the car accommodation and driveway to the front door.
(b) All entries into the dwelling from external paths have no more than a 10mm change in level.
Design of dwelling and associated external areas
(a) Essential features of the dwelling that must be accessible to a person with a disability include kitchen, bathroom, living area, laundry, telephone/internet connection, storage areas (linen etc.), garage, letterbox, bin access and outdoor space.
(b) Dwellings are designed in accordance with AS 4299-1995: Adaptable housing with respect to sufficient circulation space for a wheelchair to manoeuvre.
(c) All doorways and manoeuvring space around doorways are a minimum of 0.85m.
(d) Where possible, the dwelling unit is open plan, but any hallways are at least 1.2m wide.
(e) The kitchen is open plan, with a minimum approach horizontal clearance of 1.55m in front of all benches, storage and fixed appliances.
(f) At least 1 bedroom has a minimum clear 3.6m by 3.6m internal dimension and is accessible to a disabled person from the dwelling’s entry level.
(g) At least 1 bathroom, toilet and shower has reinforced walls and is accessible to a disabled person from the dwelling’s entry level. The shower area must be step free.
(h) The laundry has a minimum circulation space 1.55m deep in front of or beside appliances. Taps are located to the side, not the back of laundry tubs and washing machines.
(i) Any staircases are adjacent to a load-bearing wall, to facilitate installation of a wheelchair stair lift.

Notes—

  • An accessible path has a minimum 1.2m width, with a maximum crossfall of 1:40, has only gentle ramping (maximum slope of 1:20) and does not have steps or ledges along the length of travel.
  • Reinforced walls have 12mm structural plywood (or equivalent), screw fixed to the wall framing, before fixing the finished wall sheets. This allows for future fixing of grab rails or other fittings in any location.
  • Well-lit areas comply with lighting standards AS/NZS 1158.3.1: 2005: Lighting for roads and public spaces.

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