Due to changes made to the Planning Regulation 2017 on 23 September 2022, the definitions relevant to secondary dwelling development in the Planning Regulation need to be used instead of those in the MBRC Planning Scheme. The Planning Regulation 2017 defines the following relevant terms:
secondary dwelling means a dwelling on a lot that is used in conjunction with, but subordinate to, another dwelling on the lot, whether or not the dwelling is—
(a) attached to the other dwelling; or
(b) occupied by individuals who are related to, or associated with, the household of the other dwelling.
dwelling house means a residential use of premises involving—
(a) 1 dwelling and any domestic outbuildings associated with the dwelling; or
(b) 2 dwellings,1 of which is a secondary dwelling, and any domestic outbuildings associated with either dwelling.
(a) means a residential use of premises involving—
(i) 2 dwellings (whether attached or detached) on a single lot or 2 dwellings (whether attached or detached) on separate lots that share a common property; and
(ii) any domestic outbuilding associated with the dwellings; but
(b) does not include a residential use of premises that involves a secondary dwelling.
To clarify the appropriate definitions to be used, Council will amend the definitions in the planning scheme to be consistent with those in the Planning Regulation as part of the next major amendment.
Council has prepared a Secondary dwelling information sheet(PDF, 135KB) to provide guidance in relation to the secondary dwelling definition and to assist in improving understanding of this type of development.
Council is currently undertaking a review of secondary dwellings. The review has been prompted by both the changes to the Planning Regulation as well as the feedback received from the community during consultation on Tailored Amendment No. 1. View more information on the Secondary dwelling review and initial findings.