Brisbane City Council held a planning industry forum on 14 March 2022 to discuss upcoming opportunities and provide clarity around some common questions that arise in the development assessment process.
Below we have extracted some of the Q&A’s or you can view Council’s slides from the forum here.
Landscape Works in the TBC overlay
In accordance with the Building Work definition in the Planning Act 2016, any ‘works’ to a building in the TBC overlay that includes building, repair and / or alteration, whether or not requiring a building approval, will trigger City Plan 2014 assessment if not prescribed accepted development.
• For works such as retaining walls at the front of a TBC building (including retaining walls) an exemption certificate may be considered.
Replacing external cladding on a pre-47 house in Traditional building character
Brisbane City Plan 2014 permits the demolition of external features forming part of the building constructed in 1946 or before, where the demolition enables replacement of the feature with new features of the same style and appearance consistent with traditional building character.
• External cladding is not considered an external feature.
• Removing external cladding is partial demolition and triggers a development application.
• Replacing external cladding that has been accidentally damaged or destroyed to its original condition is prescribed accepted development.
Balustrade changes in the Traditional building character overlay / Pre-1911 overlay
• Demolition of an external stair of a building is prescribed accepted development.
• Filling in the balustrade gap to a dwelling in the TBC overlay does trigger a development application.
• In accordance with Building Work definition in the Planning Act 2016, any ‘works’ to a building in the TBC overlay that includes building, repair and / or alteration whether or not requiring a building approval will trigger assessment if not prescribed accepted development.
• If reinstating the balustrade to reflect the existing balustrade an exemption certificate may be considered.
Enclosed extensions at the rear of a house within the Traditional building character overlay
• An enclosed extension at the rear of a dwelling house where preceded by lawful demolition as either accepted development or approved in accordance with the Traditional building character (demolition) code is prescribed accepted development.
• Where on a lot with more than one frontage, the rear of the building is that part of the site that is behind the building relative to the primary street frontage.
• In accordance with the City Plan 2014 a primary street frontage is defined as ‘the street frontage that is most commonly addressed by other buildings in the block’.
Demolishing the rear lean on a pre-1911 dwelling by enclosing a wall or feature
• Demolition of an internal wall or feature of a pre-1911 dwelling in the Traditional building character overlay / Pre-1911 dwelling overlay is prescribed accepted development.
• Building work to enclose an external wall or roof does not result in these components being considered internal walls or features and requires a development application.
External stairs on a dwelling on a small lot
• External stairs are not specified as being prescribed accepted development for
building work if in the Dwelling house character overlay where on a small lot.
• External stairs must be included when determining setbacks, building length and site cover.
• Stairs at the front and rear will trigger a development application where extending outside of the building envelope
• An exemption certificate may be considered where building work for a dwelling house on a small lot where a development application is only required as a result of works for stairs.
Detached granny flat (secondary dwelling) at the rear of a dwelling
• A secondary dwelling is not specified as being prescribed accepted development for building work in the Traditional building character overlay or the Pre-1911 building overlay.
• An exemption certificate may be considered where a development application is only required as a result of works for a secondary dwelling at the rear.
Kitchens in secondary dwellings
• The Acceptable outcome of the Dwelling house / Dwelling house (small lot) code requires that development comprises not more than one dwelling house and one secondary dwelling, occupied by one household…
• Council’s interpretation for common provisions for food and other essentials for living includes a shared kitchen and a shared laundry.
• A secondary dwelling may have a stand-alone kitchen or laundry through achieving performance outcome PO1 but a development application is required.