MBRC Planning Scheme - Accepted building work

Building work not associated with a material change of use may be accepted development (exempt) under the MBRC Planning Scheme. This means the building work does not need to comply with the planning scheme. Building approval may however be required.

In accordance with section 5.7 Categories of development and assessment, Building work may be accepted development if complying with the circumstances outlined in section 1.7.7.

New building work

For new buildings and structures to be accepted development all of the below requirements (1 to 5) must be complied with.

These requirements are a copy and explanation of section 1.7.7 of the planning scheme.

  1. The new building work must not be located or identified in the following zones, precincts or Overlay maps:
    1. Limited development zone; or
    2. Environmental management and conservation zone; or
    3. Township zone - Township centre precinct; or
    4. Township zone - Township convenience precinct; or
    5. Coastal planning area on Overlay map - Coastal hazard (Erosion prone area); or
    6. Overlay map - Heritage and landscape character. 
  2. The proposed building work is not associated with a secondary dwelling.
  3. The proposed building work will not result in the reduction in amount or standard of landscaping, private or communal open space or car parking spaces required by the planning scheme or an existing Development Permit for the use.
  4. The proposed building complies with setback, site cover, building height and roofed area requirements for the applicable zone, precinct or development code (refer to section 5.7 Categories of development and assessment for information about the relevant codes for your proposed building).
  5. The proposed building increases the gross floor area or roofed area by not more than:
    1. 50m2 in the General residential zone, Rural residential zone, Emerging community zone, Rural zone or Township zone - Township residential precinct; or
    2. 80m2 in any other zone and precinct.

Restoration or reconstruction of a damaged building or structure

Notwithstanding the above, building work for the restoration or reconstruction of a building that has been accidentally damaged or destroyed may also be accepted development and not need to comply with the planning scheme in the following circumstances:

  1. The building work restores or reconstructs the building to its original approved condition; and
  2. The building work is not located in the following zones, precincts or overlay maps:
    1. the Limited development zone; or
    2. Overlay map - Heritage and landscape character; or
    3. Flood planning area on Overlay map - Flood hazard; or
    4. Coastal planning area on Overlay map - Coastal hazard (storm tide inundation); or
    5. Coastal planning area on Overlay map - Coastal hazard (Erosion prone area). 

If the building work is different to or exceeds the original approved condition of the building, e.g. increases the size or height of the building, it may not be accepted development.

Back to top