Council clarifies position on secondary dwellings

Published 09 December 2020

Moreton Bay Regional Council has moved to clarify what a ‘Secondary Dwelling’ is, to avoid on-going confusion regarding what a ‘Secondary Dwelling’ is verse a ‘Duplex’ or ‘Dual Occupancy’.

Mayor Peter Flannery said public feedback, changes to the definition, recent court decisions, and a sudden increase in the pace of ‘Secondary Dwelling’ applications across the region had brought the matter to a head.

“While housing choice and diversity are important criteria underpinning long-term growth management in Moreton Bay, legitimate community concerns have arisen about the quality and scale of development relating to ‘Secondary Dwellings’ around our region,” he said.

“To comply with the ‘Secondary Dwelling’ definition there must be a clear relationship between the occupants of the main house and ‘Secondary Dwelling’ - like a granny flat.  These are not duplexes which are typically occupied by separate or independent households or families”.

“Instead we’re seeing some ‘Secondary Dwellings’ being built and rented out as two separate homes on the one block.  In some areas it’s created overcrowding and parking problems, because one property might be home to four separate drivers but with garage space for only one car.”

“We’ve also had reports of ‘Secondary Dwellings’ being built closer to the neighbour’s fence than they thought could happen which is affecting privacy.”

“However, while the need for clarity on the definition is urgently needed, Council acknowledges that the transition to enforcing stricter standards must be managed carefully.”

“For example, we must give consideration to situations where people might be living in non-compliant rental arrangements right now through no fault of their own and manage these on a case-by-case basis.”

Today’s report follows an investigation into ‘Secondary Dwellings’ initiated in response to community feedback on Council’s Tailored Planning Scheme Amendment No.1 in late 2019. 

The investigation identified that many other local governments in Queensland have already taken steps to clarify the confusion and uncertainty within the ‘definition of a ‘Secondary Dwelling’.

Mayor Flannery said Moreton Bay was taking the first step towards doing that today.

“We will be closely reviewing any Secondary Dwelling uses that commence after 26 February 2021 for compliance with the definition,” he said.

“In instances where ‘Secondary Dwelling’ uses have already commenced, if a concern for safety or neighbourhood amenity impacts is identified we’ll be reviewing the unique circumstances of each on a case-by-case basis before taking any action.”

“We also acknowledge that there may be instances where property owners disagree with Council’s interpretation of what a ‘Secondary Dwelling’ is or the enforcement action that Council may take.

“In those instances, it may be necessary for the Planning and Environment Court to make the final determination of what complies as a ‘Secondary Dwelling’ or what is more accurately classified as a duplex or ‘Dual Occupancy’.”

A further Council briefing will be scheduled early next year to inform Councillors of potential planning scheme amendments that might improve the overall design and location of Secondary Dwellings across the region.