We have developed guidelines for how we investigate unauthorised dwellings.
Unauthorised Dwelling Guidelines 2022(PDF, 189KB)
The guideline is designed to help inform the community about the three planning pathways available where unauthorised dwellings are identified.
These pathways are guided by legislation and planning controls to ensure:
- appropriate construction standards
- bushfire safety
- land and environmental constraints are applied consistently.
The guidelines support the Enforcement Policy 2020.
Planning Pathway 1
A single unapproved dwelling (or converted farm building), unapproved dual occupancy or secondary dwelling. For unapproved Multiple Occupancy or other residential accommodation refer to Pathway 2.
Where land has no significant natural constraints and the use is capable of approval and complies with LEP and DCP provisions:
- Development Application pathway subject to assessment of DA for land use, Section 68 application for onsite sewage management, Building Information Certificate for works completed.
- Payment of any applicable Developer Contributions (Section 7.11) and charges for water supply and sewerage (Section 64).
Planning Pathway 2
Land does not have a dwelling entitlement and contains:
- a single unapproved dwelling (or converted farm building), or
- an unapproved dual occupancy or secondary dwelling, or
- a Multiple Occupancy, or
- other residential accommodation.
Requirements for this pathway include:
- The land must meet the strategic merit test for an LEP amendment.
- A Planning proposal is required to add the permitted land use to the particular site in Schedule 1 of LEP 2014 or Schedule 7 of LEP 1988 (depending on the zoning of the land).
- A Development Application (DA) pathway subject to the assessment of a DA for land use, application for onsite sewage management and a Building Information Certificate for works completed.
- Cost agreement under a Voluntary Planning Agreement equivalent to any applicable Developer Contributions (Section 7.11) and charges for water supply and sewerage (Section 64) for each dwelling.
Planning Pathway 3
Land may or may not have a Dwelling entitlement and contains:
- A single unapproved dwelling (or converted farm building), or
- unapproved dual occupancy or secondary dwelling, or
- Multiple Occupancy,
- or other residential accommodation.
In circumstances where the land does not meet the strategic merit test for an LEP amendment, does not have the ability to accommodate appropriate effluent disposal and is non compliant with LEP and DCP provisions.
Enforcement action in accordance with the Enforcement Policy 2020 will be taken. This could involve Orders to demolish/restore a the building to the previously approved use as appropriate. Orders may be subject to appeal in the Land and Environment Court.