The following information was obtained from the Department of Housing, Local Government, Planning and Public Works to assist understanding of how these are regulated in Queensland, and the current difficulties relating to allowing tiny homes to be established on properties on a permanent basis.
Under the Queensland planning framework there is no use definition for a ‘tiny home’. Tiny homes are a product, not a use. A tiny home (where fixed to the ground) is considered to be a dwelling under the planning framework.
Once a building or structure (i.e. modified bus or caravan) becomes permanent on a site with services provided such as waste water and water supply, the building or structure is also considered a dwelling.
Temporary use means a use that is carried out on a non-permanent basis and does not involve the construction of, or significant changes to, permanent buildings or structures.
Temporary use is an inclusive use classification that describes any temporary activity on land. Examples could be a market or a circus that pops up for a short time and is then removed.
The placement of tiny homes or caravans on a premise, on a non-permanent basis, is defined as a temporary use, which is not residential development.
A further consideration for a temporary use is that it does not involve the construction of, or significant changes to, permanent buildings or structures. Any building or plumbing work to make the homes more permanent will likely make the use not ‘temporary;’ by definition.
Local laws are used to regulate temporary uses including temporary homes.
The Queensland planning framework does not limit or control the number or type of temporary uses that would be regulated by the local government under a local law. However, a council cannot make local laws on a matter that is covered by the local government’s planning scheme, the Planning Act 2016 or another instrument made under that Act.
It is at the discretion of each council to make the decisions that it considers appropriate for the needs and views of its community.
On 9 November 2023, the former Planning Minister responded to the Queensland Legislative Assembly about a petition (3919-23) to support the permanent use of tiny homes on wheels, buses and caravans.
On 11 November 2023, the former Planning Minister advised that he had engaged the Department of State Development, Infrastructure, Local Government and Planning (DSDILGP) to consider the recent innovations in tiny homes and provide advice on any new guidance necessary to better plan for these types of homes, and to consider the interaction between the planning framework and the Local Government Act 2009.
Sandy will continue to advocate with the Queensland Minister for Planning regarding. We would greatly appreciate any feedback on the above information from Noosa Electorate residents via noosa@parliament.qld.gov.au
Further Information
To contact the Queensland Minister for Planning , please email housing@ministerial.qld.gov.au. Please cc’ our office in via noosa@parliament.qld.gov.au and forward us any response you receive.
To contact the Noosa Council Mayor and Councillors, please visit www.noosa.qld.gov.au/about-council/councillors-meetings/mayor-and-councillors
Updates on many local matters are available on Noosa 360 at www.sandybolton.com/noosa360. To receive information straight to your email inbox, please subscribe to our monthly newsletter via www.sandybolton.com/newsletters. This also ensures you receive any future Noosa related surveys or polls.