Siting dispensation (Referral Agency assessment)

Class 1a buildings

• New detached dwellings on one lot
• Habitable extensions or alternations to existing dwellings (secondary dwelling, granny flat)

Class 10a buildings (when built on the same allotment as a Class 1a dwelling)

• Garages, carports, open carports, stables; or
• Cubby-houses, sheds
• Unenclosed pergola, portico, deck, porch or patio

Class 10b structures (when built on the same allotment as a Class 1a dwelling)

• Non-habitable structures
• Fence, retaining wall; or
• Rainwater tank, pergola, gatehouse, arches, deck attached to 10a building

The Queensland Development Code* (QDC), the Cairns Plan* and/or Building Setback Plans* will set out the requirements.

A development application may need to be referred when a building project seeks to vary these requirements, specifically:

1. Design and siting (site coverage, front/side or rear setbacks) – Queensland Development Code.
2. Design and siting (site coverage, front/side or rear setbacks) – provisions within CairnsPlan.
3. Design and siting (height, amenity, privacy, carparking and/or outdoor living) – provisions within CairnsPlan.
4. Amenity and Aesthetics – building works proposed within the Hillslopes overlay within CairnsPlan.
5. Setbacks stated within a Building Setback Plan for a specific lot.

* (1) The Queensland Development Code (QDC) provides a building standards framework specific to Queensland to provide good residential design that promotes the efficient use of a lot and provides acceptable amenity to the surrounding residents. The Mandatory Parts (MP.1 and MP.2) set out specific siting (setbacks from property boundaries) requirements for single detached dwellings (Class 1a) and associated Class 10 buildings and structures (garages, carports, sheds and swimming pools).

* (2, 3 & 4) The CairnsPlan is the Planning Scheme for the Cairns Regional Council area.  CairnsPlan may contain alternative provisions for boundary setbacks, site cover or height to the QDC MP1.1 and MP1.2.

* (5) Some properties have an overarching Building Setback Plan which allows for alternative requirements to those in QDC and CairnsPlan.  If your proposed building project involves a variation to an approved Building Setback Plan, it will need Referral Agency assessment (ie, your certifier cannot approve the building works).  Council will assess the proposal to ensure it meets the performance outcomes/solutions set out in the QDC and CairnsPlan and provide advice to the building certifier.  Your building certifier will be able to determine if your property is covered by a Building Setback Plan.

A Referral agency assessment is most commonly requested in relation to boundary setbacks. This is when the proposed building works do not meet the acceptable solutions prescribed in the QDC or zone code of CairnsPlan eg when a structure is proposed to be built closer to the boundary than what is outlined in the QDC or CairnsPlan.

Building setbacks are measured from the outermost projection (fascia) of the proposed building or structure.

The information below provides a basic overview of boundary setbacks, but it should be noted that setbacks can vary subject to the property’s zoning and other considerations such as block configuration and street setback pattern.

Front (road) boundary setbacks

In the residential zone, the front boundary setback is typically 6 metres for lots larger than 450 square metres.  This may vary depending on:

• The configuration of the block – i.e corner or battle-axe allotments;
• the setback pattern within the street; and
• the features and height of a swimming pool barrier.

Structures over 2 metres high on corner allotments must be clear of the 9x9 metre corner truncation.

These setback distances differ for properties located in other zones.

Side and rear boundary setbacks

In the residential zone, the side and rear setback for single storey buildings is typically 1.5 metres.

Class 10a structures (such as sheds and carports) can have a smaller setback when the total building length does not exceed 9 metres and the structure is open.

The acceptable setback dimension may vary depending on:

• the height and length of the proposed structure;
• narrow lots with 15 metres or less property frontage;
• the location of other structures within the boundary setback;
• the proximity of habitable rooms of neighbouring dwellings; and
• the features and height of a swimming pool barrier.

Where a wall or structure is located less than 750mm to a common boundary it must be maintenance free.

These setback distances differ for properties located in other zones.

Other considerations

• Fences, retaining walls or a combination of both cannot be more than 2 metres high along a boundary; and
• Roofed structures cannot exceed 50% of the total lot area.

Note: The tables below are intended as a general guide only. For a full range of requirements, please refer to the Queensland Development Code (QDC) and CairnsPlan.

Residential zones (MP1.2)

Residential zones (MP1.1)

Rural Residential zone code

Rural zone code

Environmental Management zone code

The QDC defines ‘site cover’ as the portion of a site covered by buildings and attached structures (e.g. carports) expressed as a percentage (%).  It excludes structures in a landscaped open space area (eg gazebo, shade structure), a wholly below-ground basement car park, and eaves and sun shading devices.

The maximum site cover in a residential context is 50%.  This may vary for development in different locations such as rural or semi-rural land.

The planning scheme contains a Hillslopes overlay which aims to protect and preserve the amenity and character of the locality or streetscape.

All building work on properties covered by the Hillslopes overlay must be referred to Council for referral agency advice. Council will assess the works against a specific criteria set out in Table 1.8a of the CairnsPlan 2016.

As part of its amenity and aesthetics assessment, Council will consider the following (and other) matters:

• bulk, height and width of the intended building or structure;
• materials and colours to be used;
• proposed security lighting;
• potential clearing of vegetation and alternative locations within the site;
• disruption to the amenity or character of the locality, and
• need for additional landscaping for screening purposes.

Your Referral Agency application must be accompanied by mandatory supporting information including (but not limited to) scaled, fully dimensioned and numbered site plans, floor plans, elevations and site photographs.

You may also need to submit additional documents such as specialist reports, aerial photography and written support from affected neighbours (see details below).  We can only assess your proposal if you provide all the required information.

Forms (combined as one single PDF) a completed Development Application Form 2 – Building Works or an Early Referral Agency Response form (if you wish to request advice prior to engaging a building certifier)

Drawings and Plans (combined as one single PDF)

• Lodgement of relevant accurate and dimensioned drawings scaled;
• Drawings are to include:
  • all existing and proposed buildings and structures;
  • all existing and proposed vegetation / landscaping;
  • all existing and proposed driveways / vehicle crossings;
• The drawings will need to show a north point and suitable references (e.g. title, date, version and draftsperson);

• Drawings are to include:
  • fully dimensioned site plan (minimum scale of 1:200) indicating setbacks measured to outermost projection for all existing (where relevant) and proposed building work/s;
  • fully dimensioned elevation/s, and section/s where necessary, indicating building heights above the natural ground level (at all relevant outermost projections);
  • A natural ground level “line” (“assumed” if necessary) is to be included as part of the elevation(s) /section(s);
  • floor plan/s as necessary; and
  • an accurate site cover figure expressed as a percentage;

Specialist reports (combined as one single PDF);

Referral Agency Assessment Report – Justifying how the proposal satisfies:

• Amenity and Aesthetics requirements;
• Queensland Development Code (MP1.1, MP1.2); and/or
• CairnsPlan – where setbacks are outlined in the applicable zone codes

Supporting documents (combined as one single PDF);

• Lodgement of current (dated) coloured photographs clearly indicating the location of the proposal, adjoining properties, streetscape and immediate surrounds. Details showing where the photograph was taken from (and from what direction) are also required. Google Street photographs or similar are not acceptable;
• Lodgement of current aerial photography clearly showing the proposal in relation to adjoining properties and the surrounding locality;
• Positive written comment/s submitted from all affected adjoining owner’s (where required;
• Any related correspondence or emails with the Council regarding the matter; and

Application fee – Payment of the prescribed application fee that may be obtained from the Council’s website.

To assist you in preparing a quality application, refer to the following documents:

• Building Certifier referral agency advice checklist ( PDF, 0.12 MB )
• Relevant Plans Guideline for referral agency applications ( PDF, 1.17 MB )

If your proposed building works do not meet the codes and standards set out in the QDC or CairnsPlan, we recommend you engage a building certifier to provide professional advice and to refer the application to Council for assessment.

The types of experts who may be able to help with your building or development project are:

• Architect designers;
• Builders and building designers;
• Building certifier;
• Structural Engineer;
• Surveyor;
• Town planner.

You may wish to consider the below prior to engaging a professional to work on your project:

• do they provide the service you need?
• are they properly registered and insured?
• obtain several quotes
• consider value for money, the cheapest quote may not always provide the best service for your circumstances
• ask for details of projects they have worked on

While not mandatory, we recommend you consult with your neighbour as part of an application for referral agency assessment. This ensures your neighbours are aware of any variations you are seeking against the Queensland Development Code (QDC), CairnsPlan or Building Setback Plan, and allows you to consider design solutions to address any of their concerns before proceeding with an application to Council. There is no law that requires a homeowner to consult with the community regarding a siting dispensation. For this reason, there are no appeal rights for neighbours.

If you are engaging a building certifier, they will take care of the application process on your behalf.

If you are seeking a referral agency assessment prior to engaging a building certifier, you can complete the Request for early Referral Agency assessment form ( PDF, 0.43 MB ). Submit it with payment of the application fee by:

Fees

Refer to Council's Building and development fee schedule ( PDF, 0.05 MB ) for current fees and charges.

Eligible not-for-profit (NFP) organisations may be able to access relief either in full or part waiver of listed fees relating to venues, licences & approvals, plumbing applications, waste disposal and development assessment. For more information and eligibility criteria, download:

• Financial Assistance for Not-for-Profit Organisation - Fees & Charges General Policy ( PDF, 0.18 MB )
• Financial Assistance for NFP Organisations Fact Sheet ( PDF, 0.19 MB )

We want to deliver timely referral agency responses and we give every application the attention it needs, because we understand how important it is to you and your client.

For us to undertake a thorough assessment and provide you with informed advice, we need a quality applications that contain all of the required information.

We offer various Service Level Standards ( PDF, 0.2 MB ) depending on how your application is prepared and submitted:

1. Standard (express) – 10 business days (properly referred)
2. Extended – up to 35 business days (not properly referred)
3. Early response (before certifier is engaged) – timeframes vary

These service level standards are detailed below.

We offer an express service for well made applications that include ALL the required supporting information and certification of how the proposal meets the performance criteria.

This service includes a full assessment resulting in referral agency advice being provided quicker than the statutory timeframes.

What we need from you:

• A copy of the application on the approved form (DA form 2);
• Confirmation notice from the assessment manager (building certifier);
• Relevant plans provided in accordance with the Relevant Plans Guideline;
• A report with detailed responses as to how the proposal meets the performance criteria;
• Photographs and/or other optional information such as neighbours consent to the proposal; and
• Required fee paid.

To ensure your application meets this criteria, use the Referral Agency Advice Checklist ( PDF, 0.12 MB ).

Applications that do not contain enough information for an assessment to occur are considered ‘not properly referred’ and statutory timeframes can be extended for a period up to 35 days.

For ‘not properly referred’ applications, we will issue an action notice giving the applicant 20 business days to address the actions detailed in the notice.  Generally, the action notice includes actions such as providing a copy of the application on the approved form (DA form 2), providing detailed responses to the performance criteria, providing a confirmation notice, providing relevant plans prepared in accordance with the relevant plans guideline or paying the required fee.

Applications subjected to an extended timeframe would be:

• An incomplete application or application provided on a form other than the approved form
• The confirmation notice is absent from the application
• Relevant plans are not included or have not been prepared in accordance with the Relevant Plans Guideline ( PDF, 1.17 MB )
• Unacceptable or incomplete responses as to how the proposal meets the performance criteria

Action Notice

When an application is not properly referred (ie, it did not include all the required information), we will issue an Action Notice to the the Applicant and assessment manager (building certifier). The Action Notice will state the following:

• the application is not a properly referred application; and
• the actions required to be complied with to be a properly referred application.

It is important to note that an Action Notice will extend the timeframe in which you are provided with a response from Council as the referral agency. Failure to comply with an Action Notice within the timeframe will result in the application being taken to have not been referred and will result in the building application lapsing. To avoid an Action Notice being issued, use our Building Certifier referral agency advice checklist.

Any person can approach a referral agency and seek its response to a proposal before a formal application is made. In these circumstances, the person would submit an Referral Agency request form ( PDF, 0.43 MB ) and include as much information as possible.

This type of application is considered an early referral agency response as the application has not been submitted through the building certifier as part of a formal building approval process. It is important to note that these types of applications do not have a specific timeframe for a response to be provided and a full assessment may not occur due to the quality of information provided. The referral agency has the right to not provide any advice on the proposal or provide a partial response.

To ensure you receive a full assessment of your proposal, Council encourages you to engage a qualified Building Certifier or suitably qualified consultant.

Sometimes, even if you provide all the mandatory information, we may issue an information request.

The information request allows us to seek information that was not included in the original application or clarification about particulars of the building work. The referral agency may request any information it believes is necessary for the assessment of the development application, such as better plans, more information to address the performance criteria or photos of the site.

To apply for Referral Agency Assessment, complete the Referral Agency request form ( PDF, 0.43 MB ) and submit it with the relevant fee by: