MBRC Planning Scheme - Truck parking on private property

In some cases, trucks operating from a property may cause nuisance to neighbours. The new planning scheme helps to minimise the impact of trucks operating on properties where in close vicinity to residential activities. 

A number of restrictions apply to the size, number and use of trucks operating in certain areas. In order for Council to determine if the level of truck related activity is appropriate, Council must establish:

  • How many trucks are operating from the property
  • What type of truck/s is operating from the property
  • How the truck/s is being used

Once these questions are answered, it is then clear if the level of truck related activity is appropriate to the use occurring on site.

Where a resident takes a commercial vehicle to their place of residence (the residence not being used in any commercial or public capacity) and parks that vehicle overnight on the premises, this is considered to be part of a Dwelling house. In this instance, the property is not being used for ‘commercial or public purposes’ and vehicles are being ‘parked’ on the premises as with any vehicle a person may take to and from their work. They are not ‘stored’ in a commercial sense. This use is considered to be a Dwelling house.

Where a person is undertaking an owner/operator commercial business from their place of residence and has commercial vehicles or trucks parked on their premise, this use is considered to be a Home based business. It is subject to the requirements for a home based business, which includes thresholds for the number and type of vehicles allowed.

Where the home based business involves parking more than the number and type of vehicles permitted in the applicable zone, Council may deem the use to be a Transport depot. Where the premises (i.e. property and buildings) are used exclusively for a commercial or public purpose, the activity is considered to be a Transport depot. It is subject to thresholds and the planning scheme contains provisions relevant to that use.

General guide

The following table provides a general guide in relation to the size, number of trucks, and type of activity that can operate from a property without the need for council approval.

Zone Dwelling House Home Based Business Transport Depot
Definition

A residential use of premises for one household that contains a single dwelling.  

The use includes domestic outbuildings and works normally associated with a dwelling and many include a secondary dwelling.

A dwelling used for a business activity where subordinate to the residential use.

Note: A Home based business may be accepted development subject to requirements (self-assessable), however a range of thresholds and provisions apply.

Premises used for the storage, for commercial or public purposes, of more than one motor vehicle.  The use includes premises for the storage of taxis, buses, trucks, heavy machinery and uses of a like nature. The term may include the ancillary servicing, repair and cleaning of vehicles stored on the premises.

Note: A Transport depot may require a Council approval and a range of additional thresholds and provisions may apply.  
General residential zone No restriction * 1 small rigid vehicle No allowance identified. an assessable (impact assessment) development application.
Rural residential zone No restriction * 1 heavy vehicle, 1 trailer, up to 3 other motor vehicles+ No allowance identified. Requires an assessable (impact assessment) development application
Rural zone No restriction *

1 heavy vehicle, 1 trailer, up to 3 other motor vehicles+#

Except:
In the Hamlet Precinct, no heavy vehicles, trailers and motor vehicles are stored or parked on site. Only 1 small rigid vehicle (SRV) is permitted to be parked or stored on the site. 

Where not in a precinct, on properties 16 hectares or larger, 4 trailers, up to 6 other motor vehicles.#

All other lots: no allowance identified. Requires an assessable (impact assessment) development application.

* Heavy vehicles or long vehicles (measuring 7.5m or longer) may only stop in a built-up area for up to 1 hour, unless otherwise signed. See Section 200 of the Queensland Road Rules.

+ The car parking provision associated with the dwelling house is in addition to this requirement.
# The number of motor vehicles stated is in addition to motor vehicles associated with a dwelling house.

Other useful definitions

Use Definition
Small rigid vehicle A light truck to a maximum load capacity of under 4.5 tonnes and typically having a single rear axle and either single or dual tyres.
Heavy vehicle A vehicle with a gross vehicle mass (weight) of more than 4.5 tonnes, or a combination that includes a vehicle with a gross vehicle mass of more than 4.5 tonnes.
Motor vehicle

A vehicle built to be propelled by a motor that forms part of the vehicle. A vehicle includes the equipment fitted to, or forming part of, a vehicle (such as trailers) but does not include: 

  • vehicle designed to be controlled by a person walking next to it; or
  • a vehicle propelled or designed to be propelled by human power; or
  • a vehicle drawn by animal power; or
  • a vehicle propelled by a motor with a maximum power output of not more than 200W; or
  • a motorised wheelchair that can not travel at more than 10km an hour; or
  • a pedelec; or
  • an aircraft; or
  • a personal mobility device.
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