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An application for a building siting discretion is a request made to Council to allow a building or structure to be sited closer to a boundary line than allowed by the acceptable solutions of Mandatory Parts 1.1, 1.2 and 1.3 of the Queensland Development Code (QDC).
A siting discretion application is to be submitted with Council when you cannot meet the requirements of the acceptable solutions of the QDC. This application allows Council to consider your proposal based on the performance provisions of the QDC, and the supporting reasons presented within the application.
Generally, the acceptable solutions of the QDC require that single storey buildings are set back 1.5 metres from both the side and rear boundaries and 6 metres from any boundary adjoining a road. The acceptable solutions make allowances for the construction of buildings on narrow allotments, and for the siting of non-habitable buildings such as carports and garages in certain circumstances.
Carports – within the 6 metre setback
You may locate a carport within the prescribed 6 metre road boundary setback whereby there is less than 2.5 metres clearance on either side of your dwelling and no alternate location. It is considered that vehicular access to the rear of the block is restricted, so a carport may not able to be practically located anywhere else on the allotment.
Carports and garages – within the side and rear boundary setbacks
You may locate a carport or garage within the prescribed 1.5 metre side and rear boundary setbacks whereby the following requirements are met:
Mean Height may be determined by, calculating the total elevational area of the building facing the boundary line, and dividing this by the total length of the building
Where you have a block with a particularly narrow street frontage, namely 15 metres or less, the required side and rear boundary setbacks may be reduced depending on the width of the street frontage and the height of the building.
Two storey construction
Where you are proposing to construct a building in higher than 4.5 metres, the acceptable solutions of the QDC prescribe an increased boundary setback of 2 metres.
Development - Referral agency response building works assessable against the Building Act for a discretion/concession building form APP 005 (online) - registration required
Development - Referral agency response building works assessable against the Building Act for the Planning Scheme form APP 005 (online) - registration required
Further information about the portal can be found in the 'Submit your development application online' article.
The Development - Referral agency response building works assessable under the Building Act form APP 005 (for print) can be emailed to firstname.lastname@example.org.
The Development - Referral agency response building works assessable under the Building Act form APP 005 (for print) can be submitted in person to your local customer service centre.
Where an application for siting discretion is required, you will need to submit the following:
Development approvals for building, planning and/or plumbing works may be required. For rural zoned land the construction of a dwelling may require that an application is submitted with Council's planning section, whereby the setbacks of the Toowoomba Regional Planning Scheme are not met.
For further information in relation to an application for a building siting discretion, contact the Building & Compliance Branch on 131 872 or visit your nearest Customer Service Centre.
Development - Referral agency response building works assessable under the Building Act form APP 005 (for print)
Building - Siting discretion information sheet INFO 022 (for print)
Queensland Development Code
The information contained in this article is a guide only. This information has been prepared by Toowoomba Regional Council to help people gain an understanding of the Toowoomba Regional Planning Scheme. Please consult the Toowoomba Regional Planning Scheme for detailed information including maps (zones, local plans, overlays and priority infrastructure plan), provisions and policies. The content of this information sheet is not intended to replace the provisions of the Toowoomba Regional Planning Scheme.