TOWN PLANNING REPORT
Dual Occupancy Feasibility Assessment
the subject site---
Property at a glance
| Field | Detail |
|---|---|
| Address | the subject site |
| Real Property Description | (lot/plan reference redacted) |
| Site Area | To be confirmed |
| Local Government Area | Brisbane City Council |
| Zone | Character Residential (Infill Housing) |
| Zone Code | CR |
| Neighbourhood Plan / Precinct | Infill Housing precinct |
| Overlays | Traditional Building Character overlay (Neighbourhood character sub-category) |
| State Designations | None (not in PDA, SDA, or MSES-affected) |
| Council Scheme | Brisbane City Plan 2014 |
| Development Intent | Dual occupancy (two dwellings on one lot) |
| Assessment Pathway | Code Assessable / Impact Assessable (to be confirmed) |
| Referral Agencies | Brisbane City Council (assessment manager); state agencies TBC |
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Planning controls applying
Character Residential (Infill Housing) Zone — Overview
The property is located in the Character Residential (Infill Housing) zone (zone code CR). This zone is designed to provide housing infill in established residential areas while protecting streetscape character. The zone permits dual occupancy as assessable development, subject to compliance with applicable codes.
Note: The supplied data does not include the full zone code text (dwelling house, infill housing, or dual occupancy provisions from Brisbane City Plan 2014). The analysis below is premised on the Traditional Building Character overlay, which does apply to this site and is the primary control governing development. You must obtain and review the full Character Residential (Infill Housing) zone code directly from Brisbane City Council to confirm:- Height limits (likely 9–10.5 m in infill areas)
- Setback requirements (front, side, rear)
- Site cover / building envelope
- Density / dwelling yield limits
- Any local character or streetscape controls specific to the CR zone
Traditional Building Character (Demolition) Overlay Code — Key Controls
The site is subject to the Traditional Building Character overlay under the Neighbourhood character sub-category (8.2.21). This overlay restricts demolition and removal of buildings constructed in 1946 or earlier and applies to partial demolition, full demolition, and repositioning of heritage-era structures.
#### Critical implications for dual occupancy:
If the existing building was substantially constructed in 1946 or earlier:The proposal will trigger Section B (Demolition or removal of a building constructed in 1946 or earlier) of the code. Under PO5 and AO5, demolition is only permissible if:
- The building has been substantially altered and does not have the appearance of a 1946-or-earlier building; or
- An engineering report from a Registered Professional Engineer Queensland (RPEQ) certifies the building is structurally unsound and not reasonably capable of being made structurally sound; or
- Demolition will not result in loss of traditional building character; or
- The building is in a section of street with no traditional character.
Demolition is permitted under the overlay (Section B does not apply). The main constraint reverts to zone code requirements.
#### Partial demolition and extension:
If the proposal involves retaining and extending the existing 1946-or-earlier building to create two dwellings on the same lot (rather than demolishing and rebuilding), Section A (Partial demolition) applies. Under PO1 and AO1.1–AO1.2, partial demolition must not result in:
- Loss of integral components (feature roof forms, side verandahs)
- A narrow building with width-to-height proportions out of character with the street
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State-Level Designations
The property is not affected by:
- Priority Development Area (PDA)
- State Development Area (SDA)
- Matters of State Environmental Significance (MSES)
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Development capacity
Dual Occupancy — Typology and Zone Permissibility
Dual occupancy (two dwellings on one lot, each with independent access) is the stated intent. Under Queensland planning scheme conventions, dual occupancy is typically assessable development in residential zones, subject to compliance with:- The applicable dwelling code(s) (Dwelling House Code; Dual Occupancy Code if available; or Multiple Dwelling Code if the scheme splits them)
- Development standards (setback, site cover, parking, bin storage, etc.)
- Any applicable overlay codes
- Permissibility in the CR zone (Accepted / Code Assessable / Impact Assessable / Prohibited)
- Acceptable Outcomes for:
Realistic Development Yield
Given:
- Site area: a small infill lot
- Zone: Character Residential (Infill Housing)
- Overlay: Traditional Building Character (restricts demolition of pre-1946 buildings)
1. Dual occupancy via retention + extension (if existing building is pre-1946 and has heritage merit) - Retain and adaptively reuse the existing dwelling - Add a secondary dwelling or second unit to the rear or side - Assessment: Code Assessable (most likely, if code-compliant) - Advantage: Avoids the high bar for demolition under Section B of the overlay; smaller extension may be code-compliant - Constraint: Extension must not lose integral character elements under PO1 / AO1
2. Dual occupancy via demolition + rebuild (if existing building post-dates 1946, or RPEQ certifies structural unsoundness) - Demolish existing building and construct two new dwellings on the lot - Assessment: Code Assessable or Impact Assessable (depends on code compliance; if non-compliant on setback, height, or car parking, may trigger Impact) - Advantage: Full design freedom; no character retention constraints - Constraint: Must meet the dual occupancy code's site-coverage, setback, and parking AOs; a lot of this size is tight for two dwellings + car parking to Brisbane standards
3. Single secondary dwelling (if CR zone permits) - Retain primary dwelling; add granny flat or secondary dwelling - Assessment: Accepted (if code-compliant) or Code Assessable - Advantage: Lower cost; lower planning risk - Constraint: Only one additional dwelling, not full dual occupancy
Parking and Site Coverage
A critical constraint relates to the modest lot size: Brisbane's parking standards for dual occupancy typically require 1–2 car spaces per dwelling. On a lot of this size:
- Two single-car garages (or tandem spaces) = ~50–70 m² of hardstand
- Site coverage for two dwellings (e.g., 120–150 m² per unit) = 240–300 m²
- Remaining open space = 50–100 m²
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Pathway analysis
Assessment Category — Most Likely Scenario (Dual Occupancy via Retention + Extension)
Development type: Material Change of Use (MCU) to dual occupancy (if currently single dwelling) + Building Work (extension). Assessment pathway (assuming code compliance):| Stage | Detail |
|---|---|
| Assessment Manager | Brisbane City Council |
| Assessment Category | Code Assessable (if all Acceptable Outcomes met) or Impact Assessable (if any AO failed) |
| Referral Agencies | None (site not on state-controlled road; no SDA/PDA/MSES trigger) |
| Public Notification | Not required if Code Assessable; required (15 business days) if Impact Assessable |
| Timeline | Code Assessable: 10–15 weeks; Impact Assessable: 20–30 weeks |
| Specialist Reports | Structural engineer (if PO4 / Section A compliance); potentially arborist (if works affect significant trees) |
Code Assessment Benchmarks — To Be Confirmed
Your proposal will be assessed against the following applicable codes from Brisbane City Plan 2014. Full text of each code must be obtained directly from Council:
1. Character Residential (Infill Housing) Zone Code - Permissibility of dual occupancy - Height, setback, site cover, building envelope
2. Dual Occupancy Code (or equivalent; may be titled "Multiple Dwelling Code" or "Dual/Two Dwelling Code") - Acceptable Outcomes for separation, parking, open space, façade
3. Traditional Building Character (Demolition) Overlay Code — 8.2.21 - Section A (Partial demolition): PO1, AO1.1–AO1.2 (retention of integral character elements) - Section C (Repositioning/raising): PO9–PO12 if the existing building is moved or raised - If demolition: Section B, PO5 / AO5 (high bar for approval)
4. Development Standards Codes (typically standalone codes in Brisbane scheme): - Car parking code - Access and egress code - Bin storage and utilities code - Stormwater management code (likely exempt if <1000 m² + no material excavation)
5. Any Neighbourhood Plan Code for Red Hill / Infill Housing precinct - Not supplied in the reference data; confirm with Council whether a Red Hill or Infill Housing Neighbourhood Plan exists and adds further constraints
Specialist Reports Likely Required
For a dual occupancy proposal on this site:
| Report | Trigger / Reason |
|---|---|
| Structural engineer report | If proposing to retain and extend the existing 1946-or-earlier building; required to demonstrate PO4 / AO4 compliance (Bulimba area) or to support a Performance Solution for partial demolition under Section A |
| Arborist / tree assessment | If the lot contains a tree listed in Brisbane's protected trees register or a tree >8m tall; extension/demolition may require tree removal approval under the City Plan's overstorey protection code |
| Civil / geotechnical engineer | If the lot is in a steep-slope area (>1:5 grade) or flood-prone; required to confirm building suitability and drainage |
| Traffic / parking assessment | If proposing reduced car parking (Performance Solution); required to demonstrate alternative transport sufficiency or shared parking viability |
| Stormwater design | If building works exceed minor-works thresholds; required under the stormwater code |
Demolition vs. Retention Decision Tree
Before engaging a town planner, determine:1. When was the existing building substantially constructed? - Pre-1911 → Section B, PO6 / AO6 applies; demolition only if RPEQ certifies structural unsoundness - 1911–1946 → Section B, PO5 / AO5 applies; higher bar for demolition - Post-1946 → No overlay restriction; demolition permitted; assess against zone code only
2. Does the building have heritage or character significance? - If yes, and pre-1946 → Retention + extension (Section A) is likely the pragmatic path - If no, or heavily altered → Demolition + rebuild (Section B) may be approvable if RPEQ report supports it
3. What is the structural condition? - If sound → Retention + extension is preferable (avoids demolition bar) - If genuinely unsound → Obtain RPEQ report; if certified unsound, demolition becomes approvable
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Recommended next steps
1. Confirm the existing building's age and condition
- Obtain historical records (Valuation Notice, title deed, council rate card) to establish construction date - Commission a structural engineer's preliminary inspection to assess whether retention is viable - If pre-1946, engage the engineer early to assess whether an RPEQ "structurally unsound" certification is realistic (high bar; likely not achievable for sound timber buildings)2. Obtain the full applicable codes from Brisbane City Council
The following documents must be obtained from Council's planning portal or customer service: - Brisbane City Plan 2014 — Current version (dated e.g. 11 October 2024) - Character Residential (Infill Housing) Zone Code (full text) - Dual Occupancy Code (or Multiple Dwelling Code section on dual occupancy) - Traditional Building Character (Demolition) Overlay Code — 8.2.21 (supplied above, but read in full) - Traditional Building Character (Design) Overlay Code — 8.2.22 (likely also applicable for design compliance if retention) - Car Parking Code - Bin Storage and Utilities Code - Stormwater Management Code - Any Red Hill or Infill Housing Neighbourhood Plan (if it exists; confirm with Council's mapping portal)3. Validate development capacity using Council's planning report tool
Brisbane City Council provides a free online "Planning Report" tool on its website (planning.brisbane.qld.gov.au): - Enter the property address - Select "Dual Occupancy" as the intended use - The tool will return permissibility (Accepted / Code Assessable / Impact Assessable / Prohibited) and flag any triggers for further assessment - This step is free and will confirm whether your intent is assessable under the CR zone4. Engage a town planner for pre-lodgement advice
Once you have confirmed the codes and the building's age, commission a pre-lodgement planning report from a qualified town planner. The planner should: - Undertake a detailed compliance table against the dual occupancy code, setback/parking/height standards - Advise whether the proposal is likely to be Code or Impact Assessable - Identify any code non-compliances and propose mitigation (design responses or Performance Solutions) - Estimate timeline and cost for development application A pre-lodgement report typically costs $800–$2,500 and is essential before committing to detailed design or lodgement.5. Specialist reports — order these in parallel, if retention is the path
- Structural engineer: Brief them to assess retention viability and prepare a Structural Engineer's Report addressing PO4 / AO4 (if applicable) by the time of DA lodgement. Budget: $2,000–$4,000. - Arborist (if needed): Search the City Plan's protected trees map online. If a protected tree is on or near the lot, engage an arborist early to assess whether extension works will trigger tree removal/pruning requirements. - Civil/geotech (if needed): Check Council's flood map and slope overlay. If the site is in a flood zone or on a slope >1:5, commission a geotech report to inform slab design and stormwater strategy.6. Critical code provisions to read in full
Before lodging, read these sections of Brisbane City Plan 2014 in full:
- 8.2.21 Traditional Building Character (Demolition) Overlay Code — particularly:
- Character Residential (Infill Housing) Zone Code — dual occupancy AOs for:
- Dual Occupancy Code — if this is a standalone code, or the relevant section of the Multiple Dwelling Code
7. Engage Council for a pre-lodgement meeting (optional but recommended)
Council's planning team may offer a 15-minute free pre-lodgement advice session. Use it to: - Confirm which overlays and neighbourhood plans apply - Ask whether a Performance Solution (e.g., reduced parking) is likely to be acceptable for the CR zone - Clarify the "structurally unsound" threshold for the Traditional Building Character overlay - Confirm the current processing timeline for Code Assessable dual occupancy DAs8. Prepare for Trunk Infrastructure Charges (TIC)
If the proposal is approved, Brisbane City Council will issue a Local Government Infrastructure Plan (LGIP) Contribution Notice (formerly TIC). For dual occupancy, estimated contributions are typically: - Water: ~$3,000–$5,000 (additional dwelling demand) - Sewer: ~$3,000–$5,000 - Stormwater: ~$2,000–$4,000 - Transport: ~$5,000–$10,000 (depends on location and transport access tier) - Parks & community facilities: ~$2,000–$5,000 - Total estimate: $15,000–$30,000 (actual charges will be calculated by Council at approval stage)---
Planning risk summary
| Risk | Severity | Mitigation |
|---|---|---|
| Demolition bar under Traditional Building Character overlay (if pre-1946 building) | HIGH | Establish building age; if pre-1946 and sound, pursue retention + extension (Section A) instead of demolition (Section B). If demolition necessary, obtain early RPEQ structural report; be realistic about "structurally unsound" threshold. |
| Dual occupancy parking on a lot of this size | MEDIUM | Assess early via traffic/parking specialist. If standard 2 spaces per dwelling won't fit, prepare Performance Solution case (e.g., 1 space per dwelling + public transport accessibility + unbundled parking policy). |
| Code compliance on height/setback | MEDIUM | Obtain full Character Residential (Infill Housing) zone code; cross-check against typical Brisbane infill standards. Budget for design iterations if initial scheme non-compliant. |
| Impact Assessable trigger | LOW–MEDIUM | If any code AO is failed (e.g., site cover, parking, setback), proposal becomes Impact Assessable → public notification → 20–30 week timeline. Mitigate via early design compliance or credible Performance Solution. |
| Tree protection | LOW | Confirm whether the lot or adjacent land contains a protected tree. If yes, arborist report required early. |
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Conclusion
The site at the subject site ((lot/plan reference redacted)) is zoned Character Residential (Infill Housing) and subject to the Traditional Building Character overlay. Dual occupancy is a realistic development intent, but success depends critically on:
1. The age and condition of the existing building. If pre-1946 and sound, the Traditional Building Character overlay imposes a high bar for demolition; retention + extension (complying with PO1 / AO1) is the pragmatic path.
2. Confirmation of the dual occupancy code's applicable Acceptable Outcomes for the CR zone (height, setback, site cover, car parking). At this size, parking and site coverage are likely to be tight; a Performance Solution may be needed.
3. Early engagement with a town planner to validate code compliance and advise on assessment category (Code vs. Impact Assessable).
The next critical step is to obtain the full Brisbane City Plan 2014 codes from Council and commission a structural engineer's advice on the existing building's retention viability. Once those are in hand, a pre-lodgement planning report will confirm feasibility and timeline.
If the existing building is post-1946 or genuinely structurally unsound (and RPEQ-certified), demolition + rebuild becomes the path, with an estimated 10–15 week Code Assessable timeline (assuming code compliance). If pre-1946 and sound, retention + extension is strongly recommended, with similar timeline.
No state-agency referrals or PDA/SDA/MSES constraints apply. The assessment is entirely within Brisbane City Council's hands.---
This report is provided for feasibility and planning-framework guidance only. It does not constitute a development application, and does not bind Brisbane City Council. Before committing to detailed design or lodgement, engage a qualified town planner to prepare a formal pre-lodgement report or development application.Sources & legislation
Every claim in this report is grounded in the following authoritative documents. Click any link to open the in-force version directly.
- Planning Act 2016 (Qld) — Planning Act 2016 (Queensland) — Primary statute. Defines the assessment categories — Accepted, Code Assessable, Impact Assessable, Prohibited.
- Planning Regulation 2017 (Qld) — Planning Regulation 2017 (Queensland) — Regulation under the Planning Act — assessment-manager / referral-agency triggers, prescribed and statutory assessment categories.
- State Planning Policy 2017 — State Planning Policy 2017 (Queensland) — State-level matters Council must integrate into its scheme — biodiversity, water, coastal, agriculture, mining, transport, infrastructure.
- ShapingSEQ 2023 — ShapingSEQ 2023 — South East Queensland Regional Plan — Statutory regional plan for the SEQ council region (Brisbane, Gold Coast, Sunshine Coast, Logan, Moreton Bay, Ipswich, Redland, Scenic Rim, Lockyer, Somerset, Noosa). Sets urban-footprint boundaries and dwelling targets.
- Brisbane City Plan 2014 — Brisbane City Plan 2014 — Brisbane City Council planning scheme — zones, neighbourhood plans, codes and overlays.
- Building Act 1975 — Building Act 1975 (Queensland) — Building approvals, Queensland Development Code (QDC), siting and design standards for dwellings.
- Queensland Development Code — Queensland Development Code — Set out the building standards (siting, design, energy efficiency, accessibility) that apply alongside the National Construction Code.