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Changes to auxiliary units in Logan City Council

Logan City Council will be making some amendments to their definition of an ‘Auxiliary Unit’ in the new financial year (July 2018). We have put together a simple overview for your convenience:

The revised policy position comprises three parts, being:

  1. the requirement for a minimum lot size of 700m2 for the establishment of an Auxiliary unit;
  2. the requirement for a minimum frontage of 18m for the establishment of an Auxiliary unit;
  3. 􏰀the levying of infrastructure charges.

The minimum lot size requirement and minimum frontage requirement are proposed to be made part of the definition of ‘Auxiliary unit’.

When will these changes take effect?

The change to the Auxiliary unit definition to incorporate a minimum lot size and minimum frontage requires a major amendment to the Logan Planning Scheme 2015. This type of amendment involves a state interest check followed by public consultation and typically takes approximately 12 months. Until that time, the current provisions of the planning scheme will continue to apply.

The levying of infrastructure charges for Auxiliary units will commence on 1 July 2018. Any building work approvals for accepted development (subject to requirements) lodged with Council from this date, or development applications entering the decision stage from this date, will incur charges. Auxiliary units will be charged at the equivalent rate of a Dual occupancy (2 or less bedrooms). Council’s Infrastructure Charges Estimator, available on the Logan Interactive Mapping Tool, can assist in identifying the applicable charge.

The below Scenario Matrix identifies the various instances where infrastructure charges will and will not be levied.

Category of development Scenario Infrastructure charge
Accepted development (subject to requirements) Building work approval lodged with Council before 1 July 2018 No infrastructure charge

 

Accepted development (subject to requirements) Building work approval lodged with Council after 1 July 2018 Infrastructure charge*

 

Code assessable Development application lodged and decided before 1 July 2018, building work approval lodged with Council before 1 July 2018 No infrastructure charge
Code assessable

 

Development application lodged and decided before 1 July 2018, building work approval lodged with Council after 1 July 2018 No infrastructure charge

 

Code assessable

 

Development application lodged before 1 July 2018 and decision stage commences before 1 July 2018 No infrastructure charge

 

Code assessable

 

Development application lodged before 1 July 2018 and decision stage commences after 1 July 2018 Infrastructure charge*

 

Code assessable

 

Development application lodged after 1 July 2018 Infrastructure charge*

 

Change application made under s78 of the Planning Act 2016

 

Change application lodged after 1 July 2018 to change a development approval that entered decision stage before 1 July 2018 No infrastructure charge
*Payable prior to the issue of a Compliance Certificate under the Plumbing and Drainage Act 2002, the issue of a Certificate of Classification under The Building Act 1975, or the commencement of use, whichever occurs first.

When will the public get a chance to have their say?

Major amendments to the planning scheme are subject to public consultation. Council will consider any submissions made during public consultation and will respond to each submitter advising how their submission has been considered.

What happens from here?

Council is preparing the amendment to the planning scheme which will be submitted to the state government in November 2017. The state government will then undertake a state interest review to ensure compliance with the South East Queensland Regional Plan 2017 and State Planning Policy.

After making any necessary adjustments to the policy as required by the state government, Council will then undertake public consultation.

Author: Alex Steffan

Bachelor of Urban and Environmental Planning – Steffan Town Planning – 10+ years experience as a private consultant town planner.