Building near the boundary

House and shed

There are rules that set out the distances that single detached housing and other associated structures can be from front, rear and side property boundaries. Find out more about the standard requirements and how to apply for a siting discretion if necessary below.

The Queensland Development Code generally sets out where and how single detached houses, associated outbuildings like sheds and attached duplexes can be located on a property – this includes requirements such as boundary setbacks, site coverage and car parking. There are different requirements for lots under 450m2, and for lots 450m2 and over.

These will not apply to your property if the Toowoomba Regional Planning Scheme specifies alternative setbacks or site coverage. One example is for dwellings and associated outbuildings in a ‘Rural zone’ where different setbacks are applied. In a ‘Rural Residential’ zone there may be alternative provisions for site coverage. 

Detached duplexes (i.e. townhouse) are also not governed under the Queensland Development Code. Rather, the design requirements are contained within the Toowoomba Regional Planning Scheme.

 

Single detached dwellings, carports and garages - lots over 450m2

The Queensland Development Code Mandatory Part (MP) 1.2 holds the design and siting standards for single detached dwellings (and associated outbuildings like carports and garages) on lots over 450m2. Generally, the proposed buildings must be:

Side and rear boundary setbacks may be different if the building/structure is higher than 4.5m.

If you can meet these requirements, as well as the other requirements in MP1.2, you do not need to apply for a siting discretion.

There are some exceptions available for certain structures, and criteria associated with each. Some examples include:

If you can meet the criteria associated with one of these exceptions, you do not require anything in writing to confirm this. Contact Council’s Technical Advice team on 131 872 to discuss the exceptions in greater detail and whether you can meet them.

 

Single detached dwellings, carports and garages - lots under 450m2

The Queensland Development Code Mandatory Part (MP) 1.1 holds the design and siting standards for single detached dwellings (and associated outbuildings like carports and garages) for lots under 450m2. Generally, the proposed buildings must be:

Side and rear boundary setbacks may be different if the structure is higher than 4.5m.

If you can meet these requirements, as well as the other requirements in MP1.1, you do not need to apply for a siting discretion.

There are some exceptions available for certain structures, and criteria associated with each. Contact Council’s Technical Advice team on 131 872 to discuss the exceptions in greater detail and whether you can meet them.

 

Preliminary approvals and plans of development for new subdivisions

Sometimes when an estate is approved to be subdivided, the developer can put a document in place called a ‘preliminary approval document’, ‘variation approval document’ or ‘plan of development’. This document overrides the rules in the Planning Scheme and Queensland Development Code. It can often include alternative setbacks or application requirements for houses built within that estate. It is recommended that purchasers of lots within new estates check with their developer or real estate agent to see if this is in place. Otherwise, contact Council’s Technical Advice team on 131 872 to determine if your vacant lot will be affected.

 

Attached duplex housing

The Queensland Development Code Mandatory Part (MP) 1.3 holds the design and siting standards for attached duplex housing. Refer to the Queensland Development Code part for further information or contact Council’s Technical Advice team to discuss.

 

Detached duplex housing

The design and siting standards for detached duplex housing is contained in the Toowoomba Regional Planning Scheme. If you cannot meet the design criteria, you are required to lodge a Material Change of Use development application with Council. 

 

Submitting a siting discretion

If you cannot meet these setbacks or wish to locate a structure within the setbacks, you will need to make an application for a ‘siting discretion’.

How to submit an application

Online

Siting discretion applications can be easily submitted and paid for using the online customer service portal, 24/7. It allows applicants to track the progress of their applications submitted through the portal by using one user account per business/individual with ease. 

Council encourages use of this service wherever possible. Register today to benefit from the full value and use of the portal!

Further information about the portal can be found in the 'Submit your development application online' article.

Email

Applications can be emailed via development@tr.qld.gov.au.

In person

Applications can be submitted in person to your local customer service centre.

Application requirements

To make an application, you will need to submit the following:

Application process

After you submit your application:

  1. A site inspection of the subject property will be undertaken.
  2. An assessment of the proposal will be carried out.
  3. Formal advice will be issued on the outcome of the application.

Building approval

If you are required to lodge a siting discretion application for relaxed boundary setbacks, then you will require a building approval. To determine if your proposal requires a building works application, contact Council’s Building Certification section on 131 872.

 

Related information

smartFormLinkIcon 32x32 Online Customer Service Portal

smartFormLinkIcon 32x32 Development - Concurrence agency referral building works assessable against the Building Act APP 005 form (for print)

smartFormLinkIcon 32x32 Queensland development code.

PDF INFO 002 Removal dwellings and buildings information sheet

Last Updated: Friday, 28 June 2019 18:55