Brisbane dual occ rule change?

[RPI]

Appeal of BCC Enforcement Notice for "alleged contravention of a condition in the building development approval and the alleged use of the premises for a purpose that is not a lawful use" upheld by Building and Development Dispute Resolution Committee. BCC tried to use the 2012 AAD decision to help support their argument but it didn't.

http://www.hpw.qld.gov.au/SiteCollectionDocuments/Final Decision 12-13.pdf

I am familiar with this decision.

This was purely a technicality based on evidence as opposed to intent that invalidated the Enforcement Notice issued. Council would be free to issue another Enforcement Notice the next day, assuming they had the appropriate evidence.

It doesn't deal with the substantive matter at all.

My understanding is that the Brisbane City Council is instructing a Silk and a Junior Barrister to run a test case to ensure that they have clear Court authority for their definition of the House Code. BCC would not be expending such large sums of money if they were not against these uses.

 

[SteffanTP]

Hi all,
I am interested in finding out if there was a change in the BCC's approach from their "anti granny flat" stance. It was mentioned here:

http://somersoft.com/forums/showthread.php?t=78263

that there may have been a review carried out in the last couple of monthsa round the end of July. I have never been able to find anything out online and am wondering if someone more in the know may have some info?

Thanks
Scott

I came across some legislation a few years ago under the RTA that noted that you may have 3 or less tenancy agreements under the one 'household' without becoming a 'boarding house' (can anyone confirm this? I haven't been able to find it today). Under the House Code (BCC) you may have "not more than 5 persons, not necessarily related by blood, marriage or adoption, or.....etc.". So long as you meet that requirement, I would say that renting out a secondary dwelling would be the same as renting out a bedroom to a student.

As for a 'Dual Occupancy' under the new BCC plan, I hear that although it will still technically be a strata-titled approval (much the same as a MUD in todays scheme), Council will be reducing the infrastructure charges associated quite considerably making it more affordable whilst supporting infill development.