Scenic Rim Council - Earth Haven

The Building Code of Australia defines a Class 10a structure as a private garage, carport or shed. For the purposes of the planning scheme, they generally fall under the definition of a Dwelling house as ‘domestic outbuildings’.

What about farm sheds and industrial sheds?

The Dwelling House Code only relates to sheds associated with a Dwelling House. Other commercial sheds will fall under different land use definitions under the planning scheme (e.g. a shed associated with a Cropping use).

What level of assessment is required?

In general, provided that all assessment criteria are met, Dwelling houses and associated Class 10a structures are accepted development (subject to requirements)under the Planning Scheme in the below zones:

Emerging Community Zone – If obtaining access from a constructed road;
Limited Development Zone – Historical Subdivision Precinct – if obtaining access from a constructed road and the lot is a minimum of 2ha; or were located in Harrisville and obtaining access from a constructed road and the lot is a minimum of 4000m2;
Low-Density Residential Zone (where no precinct applies);
Low-Density Residential Zone – Mountain Residential Precinct;
Low-medium Density Residential Zone;
Minor Tourism Zone;
Rural Residential Zone (where no precinct applies);
Rural Residential Zone – Rural Residential A Precinct;

• Rural Zone (where no precinct applies) – If obtaining access from a constructed road;

• Rural Zone – Rural Escarpment Protection Precinct – If obtaining access from a constructed road;

• Rural Zone – Tamborine Mountain Rural Precinct – If obtaining access from a constructed road;

• Township Zone (where no precinct applies); and• Township Zone – Township Residential Precinct.

Temporary Uses

What is a temporary use?

Temporary use is defined as a use that is carried out on a non-permanent base and does not involve the construction of, or significant changes to, permanent buildings or structures. These uses are generally impermanent, irregular and/or infrequent.

The Examples of Temporary Uses section of this fact sheet is an extract of Section 1.7.1 Temporary Uses in the Scenic Rim Planning Scheme (Planning Scheme) and provides a clear guide to common temporary uses. The uses must be consistent with:

the definitions expressed in Schedule 1 of the Planning Scheme;
limitations listed on the scope of the activity; and
the maximum period for the activity. A temporary use does not include a Market which is separately defined under the Planning Scheme. Please see the Markets fact sheet for more detail and information on approvals for a Market. When do temporary uses require approval? Given their impermanent nature, temporary uses are not subject to Planning Scheme requirements and as such, planning approval is not required. However, temporary uses may still be subject to other requirements, standards and approvals specified in local or State laws (see the What Other Approvals Are Required section of this fact sheet). Potential operators should contact Council for further details. What other approvals are required? Temporary uses may be subject to other requirements, standards and approvals. Depending on the type of temporary use, other approvals that may be required include:

temporary entertainment event approvals;
liquor licences (State Government);
food licences for preparing or manufacturing food for sale; and
other Local Law approvals.

Contact Council’s Health, Building and Environment department to discuss the additional (non-planning) approvals that may be required.

Related information

The Markets fact sheets can be found here:www.scenicrim.qld.gov.au/homepage/138/scenicrim- planning-scheme-fact-sheets.

Scenic Rim Tourist Accommodation

What is Tourist Accommodation?

Under the Scenic Rim Planning Scheme 2020 (Planning Scheme) tourist accommodation falls within several land uses including Home based business, Tourist parks, Short-term accommodation, Resort complex, Nature-based tourism, Party House and Hotel.

This fact sheet, however, only includes information about how the Planning Scheme and other regulations relating to the provision of smaller-scale tourist accommodation types being:

bed and breakfast or farm stay (Home based business);
holiday homes (Short-term accommodation);
cabins (Short-term accommodation);
camping grounds, holiday cabins, motor homes, campervans and caravan parks (Tourist parks);
Party house; and
Nature-based tourism. What is NOT Tourist Accommodation? Tourist accommodation does not include:

a boarding house, hostel, monastery or off-site student accommodation (these are defined asRooming accommodation within the Planning Scheme);
A Relocatable home park;
Domestic boarding involves residential accommodation conducted by a permanent resident of a Dwelling house who accommodates up to three boarders;
Community residence, Non-resident workforce accommodation, Rural worker’s accommodation; or
the traditional rental of a dwelling (i.e through a General Tenancy Agreement (Form 18a)).

These types of residential accommodations are for longer-term residents, not tourists or travellers.

What tourist accommodation development options do I have?

1. Bed and Breakfast or Farm Stay

This accommodation type is defined in the Planning Scheme as Home based business and can be conducted from a Dwelling house or Dual occupancy. The bed and breakfast or farm stay must:

• be conducted by a permanent resident of the dwelling;

• have at least one bedroom excluded from use by

guest;
• be contained within a single building under the same

roof (and not a separate building to the dwelling);
• accommodate a maximum number of six guests using

a maximum of three bedrooms; and

• accommodate a guest for no more than 14 consecutive nights.

2. Holiday Home

This accommodation type is defined in the Planning Scheme as Short-term accommodation. Short-term accommodation is the use of premises for providing accommodation of less than 3 consecutive months to tourists or travellers. A holiday home is a type of Short- term accommodation used that:

(1) accommodates an individual or a single group of persons;

(2) is conducted within an existing self-contained

dwelling;

(3) visitors have the right to occupy the whole of the dwelling; and
(4) does not involve any shared facilities (for example bathrooms or kitchen facilities).

3. Cabins

This accommodation type is defined in the Planning Scheme as Short-term accommodation.

Short-term accommodation is the use of premises for providing accommodation of less than 3 consecutive months to tourists or travellers. It can also include (where ancillary) a manager’s residence, office, or recreation facilities for the exclusive use of guests.

Please also see Nature-based tourism (below) if the accommodation has a strong focus on environmental values.

4. Camping Grounds, Holiday Cabins, Motor Home, Campervan and Caravan Parks

This type of accommodation is defined in the Planning Scheme as a Tourist park.

The tourist park is the use of premises for holiday accommodation in caravans, self-contained cabins, tents or other similar structures. It can also include (where ancillary) amenity facilities, a food and drink outlet, a manager’s residence, offices, recreation facilities for the use of occupants and their visitors, or staff accommodation. It does not include Short-term accommodation and a long-term accommodation caravan park.

5. Party House

A Party house means premises containing a dwelling that is used to provide, for a fee, accommodation or facilities for guests if—

(a) guests regularly use all or part of the premises for parties (bucks parties, hens parties, raves, or wedding receptions, for example); and
(b) the accommodation or facilities are provided for a period of fewer than 10 days; and
(c) the owner of the premises does not occupy the premises during that period.

A Party house is considered inconsistent development in all zones of the Planning Scheme, which means it is not a supported use anywhere within the Scenic Rim Region.

6. Nature-Based Tourism

Nature-based tourism is the use of premises for tourism activity, including accommodation for tourists, for the appreciation, conservation or interpretation of –

(a) an area of environmental, cultural or heritage value; or (b) a local ecosystem; or
(c) the natural environment.

Examples of nature-based tourism include environmentally responsible accommodation facilities such as cabins, huts, lodges and tents. Proposals for nature-based tourism accommodation must be able to clearly demonstrate the important environmental values that it is based upon, which distinguishes it from more generalised accommodation types like Short-term accommodation and Tourist parks.

Refer to Schedule 1 – Table SC1.1.2 – Use Definitions of the Planning Scheme for further details regarding the above-defined uses.

Temporary Uses

A Temporary use means a use that—

(a) is carried out on a non-permanent basis; and

(b) does not involve the construction of, or significant changes to, permanent buildings or structures.

Section 1.7.1 Temporary Uses provides examples of temporary uses and includes a Tourist Park in the following circumstances:

If in the Rural Zone and for a maximum period of 20 days per calendar year;(1) for no more than 7 campsites to a maximum of 20 persons; and(2) the campsites are located not less than 200 metres from a dwelling not on the development site; OR
If in conjunction with a below use and for a maximum period of 14 days per calendar year:(1) Educational establishment; or (2) Place of worship; or
(3) recreational activity. If your proposal complies with the above circumstances, planning approval is not required. Please note however other approvals (for example Local Laws) will be required for a Tourist park. If you believe your use is still only Temporary use despite not complying with the above example, please contact one of our planners to discuss.

Scenic Rim – Tiny Houses

What is a tiny house?

Tiny houses are small, compact, and in most cases, fully self-contained. They can be designed to be relocatable (e.g. on a trailer or on wheels) or stationary and range in size but, by their very nature, are significantly smaller than a standard dwelling. Tiny houses can be designed and built using green principles, can provide an affordable housing option, and can minimise the consumption and impact on the land.

Legal requirements that are often presented in the media do not necessarily reflect local requirements, and care should be taken to understand all the legal requirements that might apply to your tiny house.

For the purposes of this fact sheet:

 tiny houses can include structures or vehicles such as a caravan, RV, cabin, mobile home, granny flat, teenager’s retreat and any other mobile or moveable structure used for living in(and not in the instances where they are used to accommodate tourists or the travelling public. Please refer to the Tourist Accommodation fact sheet for further information regarding tourist accommodation options for tiny houses); and
 the below general advice is for those tiny houses situated in residential zonings such as Low-Density Residential Zone, Low-medium Density Residential Zone, Rural Residential Zone and Township Zone, and also the Rural Zone. The best way to check your zone is to view the Online Mapping Tool atwww.scenicrim.qld.gov.au/mapping. For all other zones, please speak to one of our Planning Officers at (07) 5540 5111. Can I establish a tiny house on a vacant property? Where a tiny house is proposed to be built on a vacant property and used for living in or as a place of residence, it is referred to as a Dwelling house under the Scenic Rim Planning Scheme 2020.

The requirements for a Dwelling/house are outlined in Council’s information sheet on dwelling houses and secondary dwellings.

You can also use a tiny house as a temporary home while an approved Dwelling house is being constructed on the same property. This will require a permit under Council’s local laws for a temporary home. In this instance, however, the tiny house will need to be removed once the Dwelling house is built. Planning approval would not be required.

Can I use a tiny house as a Secondary dwelling?

Where a tiny house is proposed in addition to an existing dwelling house on the same property, it is referred to as a secondary dwelling under the Scenic Rim Planning Scheme 2020. The requirements for secondary dwellings are outlined in Council’s information sheet on dwelling houses and secondary dwellings. A secondary dwelling means a dwelling, whether attached or detached, that is used in conjunction with, and subordinate to, a dwelling house on the same lot. Examples of a secondary dwelling include a granny flat or a teenager’s retreat.

Can I have more than one tiny house on my property?

If more than one tiny house is proposed on a property, this may trigger a development application.

More than one dwelling on a property may be a different land use such as a Dual occupancy or Multiple dwelling under the planning scheme. It may also be Short-term accommodation, holiday home, bed and breakfast or farm stay (Home based business), Tourist park, or Nature-based tourism intended to be used for any form of short-term tourist or travelling public accommodation. Please contact Council Planning Officers to discuss the nature of the proposal. You can also refer to the Tourist Accommodation fact sheet for further information.

Australia’s Green Cauldron

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Australia’s Green Cauldron Background

Australia’s Green Cauldron is one of Australia’s National Landscapes. It was accepted into the National Landscapes Program due to its volcanic origins. Encompassing the hinterland to the west of the Gold Coast and Byron Bay, it extends north to Tamborine Mountain and west towards Warwick taking in the volcanic semi-circle of the Scenic Rim region. The region is bordered by Border Ranges National Park to the west, and Lamington and Springbrook National Parks to the north, with Wollumbin (Mt Warning) National Park in the centre. It includes 12 national parks most of which are part of the Gondwana Rainforest World Heritage Area, several other conservation areas, and 2 marine reserves.

An eclectic mix of communities, and areas with high levels of cultural significance for Indigenous people, complete the picture of a special place now referred to as a ‘mysterious melting pot’ of nature and culture.

Australia’s Green Cauldron has great potential for the Experience Seeker market through the provision of focused product development and marketing and by focusing on the region’s existing natural and cultural features and tourism products to showcase the ‘mysterious melting pot’.

Australia’s Green Cauldron region covers a vast area with many interesting natural, cultural and social opportunities. Packaging these up in a way that appeals to the target market for National Landscapes (Experience Seekers) becomes quite a challenge.

The principle aim of the Experience Development Strategy (EDS) is to identify opportunities to deliver ‘world’s best’ experiences consistent with the National Landscape positioning that must also balance the long-term economic benefits of tourism with the community and conservation values of the region. The EDS provides a platform for achieving that balance by outlining the key experiences that will appeal to Australia’s Experience Seeker target market.

Experience Seekers are a varied market differing by age, country of origin, and spending power, but united by values, attitudes, and motivations. They are typically well educated and are motivated by opportunities
for personal growth, fulfilment, and learning. They are discerning about experiences, especially the presentation of natural and cultural heritage.

Contact Scenic Rim Council Contact Details

Email: mail@scenicrim.qld.gov.au

Postal: c/- Scenic Rim Regional Council
PO Box 25, Beaudesert QLD 4285

Fax: 07 5540 5103

Scenic Rim Enterprise Maps

Scenic Rim Enterprise Maps Link