Tweed Shire Granny Flats

Across many regions of Northern NSW there are 2 options for  a secondary dwelling or Granny Flat approvals. You need to either comply with the the relevant Council’s Development Control Plan (DCP) or the NSW Affordable Housing State Environmental Planning Policy (SEPP).

If your application is lodged under the Council’s DCP then you may be exempt from a number of levies including the S.94 and S.64 contributions (which are for roads & community facilities plus water & sewerage respectively). However, if you don’t use the DCP and instead use the Affordable Housing SEPP then these levies will still apply. Below are a few examples where this might be the case:

  • If your home is on a small block of land
  • If you require an extra-large granny flat
  • If you require a Complying Development Certificate (ie. a 10-day turnaround time for development approval)

Tweed Shire Council Considerations

  • Tweed Council’s Development Control Plan (DCP) contains the rules & regulations for Granny Flats.
  • If a Granny Flat meets the requirements of the DCP then the S.94 and S.64 levies won’t be charged.
  • Some of these requirements include:
  • A maximum size of 60m2 or 40% of the combined floor area of both dwellings.
  • The Granny Flat must be positioned away from front/side/rear boundaries (eg. typically at least 900mm from the side boundary and 5.5m from the rear boundary)
  • In rural areas the Granny Flat must be attached by a common wall (ie. effectively an extension to the existing home).
  • Studios and Outbuildings have their own specific rules including
  • Maximum size of 50-60m2 (depending on the size of your site)
  • Not self-contained

Disclaimer: We recognise that every site is different and each person’s requirements are unique. This information is a simplified summary of requirements for granny flat developments. The information contained herein should not be considered advice or take the place of direct consultation with the relevant authorities or qualified professionals.

Local Councils and State Government planning requirements are detailed and complex, but they must be followed in order to get development approval. A good place in helping you decide how to use  your land is to contact your local Council and request a S149 Planning Certificate; this will have information on the planning controls and development restrictions that may apply for a  site. Give us a call on 02 6680 8462 or visit your local Council’s website for more information.