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If you are proposing to build a detached dwelling, garage or a carport in a residential zoned area, and you wish to build closer to your front, side or rear boundary than the allowable minimum setbacks, you must apply to Council for a siting dispensation. The road alignment/property boundary is not the kerb line.
Town Planning Officers from Council will assess the application and inspect the site to determine if the proposed structure can be built closer to the boundary. In some instances Council may require written consent from neighbouring landowners prior to approving the siting dispensation.
Note: If dispensation approval is required, a copy of the decision notice must be given to the building certifier before building approval can be granted – see further information regarding how to obtain building approval below.
- the minimum road setback is 6m. If you wish to build within the first 6m from any roadway you must apply for boundary dispensation approval from Council. For properties on a corner lot, this applies to both road frontages;
- The minimum distance from any other boundary (sides or rear) is 1.5m; however, you are allowed to build within the 1.5m setback without needing Dispensation Approval so long as the total length of buildings within that setback do not have a total combined length of more than 9m;
- If you wish to build within 1.5m of a sewer main in your property, you must apply for a Build Over Sewer Approval;
- In accordance with legislative requirements, you must not build structures within Easements.
A boundary dispensation application takes approximately 2 weeks to process, though this is dependent upon the quality of the application and the time and date organised for the site inspection. Typically, a decision will be made within 1 week of the site inspection being conducted.
The following items are required to be submitted as part of a boundary dispensation application:
Outlining what you propose to do, where you propose to locate the Shed and why it must be located within the proposed location.
Follow this link or collect a copy from Council’s administration office – (https://www.mountisa.qld.gov.au/downloads/file/561/application-for-boundary-dispensation) This pack contains information on how to prepare your application. The final page must be submitted to Council with your application and must contain all the relevant details for your proposal, such as the dimensions of the building, the property address and the contact details of the applicant.
drawn to scale (1:100, 1:200, 1:500), and dimensioned, indicating the size and shape of the Shed, and where it will be positioned in relation to the property boundaries, Council services and existing buildings on site.
showing what the building will look like. it should also include a dimension showing the maximum height of the building. If the building is a kit form, you should be able to obtain elevations drawings from the kit.
- Where building regulations require a fire rated wall to be constructed on the common boundary to allow this structure to be erected, the fire rated wall must not protrude beyond the length and height of the building on which it will be built;
- Where building regulations require additional fire-separation measures to allow this structure to be erected, be advised that Council does not consider the construction of fire-rated walls on the property boundary to be acceptable within a residential area and other means of achieving the required fire-protection must be utilised;
- Ensure water run-off from the roof of the type of structure is directed into own property and does not cause ponding or a nuisance to adjoining properties;
- A Wet / Pressure Stormwater Disposal System is to be installed to the structure to pipe all water run-off from the structure to the kerb at (Street Name) The system shall be of a design and capacity sufficient to discharge all run-off to the kerb without causing nuisance to adjoining properties
- The carport is to remain open and without doors to comply with the definition of an “open carport” as per the Queensland Development Code MP1.2;
- The outer most projection point of the roof line of the type of structure is to terminate at least [setback measurement (mm)] Setback Distance from the front/side/rear boundary;
- The setback measurement (mm) clearance from the front/side/rear boundary is to be adequately maintained at all times to Council’s satisfaction. This is to reduce overgrowth and the risk of becoming a fire hazard or harbour for vermin;
- The undeveloped “road” at the front/side/rear of the subject property is not a gazetted road and therefore continued future access cannot be guaranteed by Council;
- It is the responsibility of the owner of the subject property to ensure all openings and accesses along the front/side/rear boundary are to be totally and permanently closed/removed immediately upon the adjoining property’s development;
- Access to the type of structure via the front boundary (Street name) is required to be provided and maintained at all times;
- Any alterations to, or the creation of additional driveway crossover will require a “Works on Council Property” Application to be submitted to, and approved by Council prior to the commencement of any works on Council property;
- All proposed driveways are to be constructed in accordance with IPWEAQ Standard Drawings RS-049, Rev. B and RS-050, Rev. E (Attached). The Applicant shall contact Dial Before You Dig (Phone: 1100) to determine the location of all services prior to undertaking any works on Council’s verge.
- Where a relocation of the Water Meter is required an application for Works on Council Property shall be submitted, and approved by Council prior to any works commencing.
- The applicant is responsible for ensuring that the building and all overhangs are contained entirely within Lot ## on plan ##;
- Any gates along the front/side/rear boundary must open onto the applicant’s property and NOT Council’s footpath/reserve;
- Council sewer main is to be protected by either concrete encasement or pipe envelopment to Council’s specifications;
- The applicant/owner shall bear the cost of all alterations necessary to public utility mains, services or installations necessitated by this approval, and such works shall be to Council’s satisfaction;
- The applicant/owner is to be aware that, in granting this approval, Council has not taken into account the location of the subject private property’s internal house drainage; this is the applicant/owner’s responsibility;
- Approval of the proposed structure is given on the basis that the building is used in connection with the existing dwelling. Use of the shed in connection with any commercial business is subject to the City of Mount Isa Planning Scheme 2006 (as amended 2015) of the Residential Planning Area Code and Home Business Code. At all times the principle use of the property must remain residential.
- It is the responsibility of the applicant/current owner to ensure that any subsequent purchaser of the property is made aware of Conditions 9, 10 & 11.
You will also generally be required to obtain building approval.
To obtain building approval, you are required to engage any Private Building Certifier licensed to operate in Queensland. Mount Isa City Council does not have a Building Certifier on staff, and there are no permanent Building Certifiers located in Mount Isa, however there are some companies who visit Mount Isa for building certification purposes on a regular basis –
GMA Certification Group
PO Box 2760
Ph: (07) 4771 6532
Townsville Building Approvals
PO Box 1240
THURINGOWA CENTRAL QLD 4817
Ph: 0408 283 064
In determining which building certifier to engage (as they are not situated in Mount Isa), it is strongly recommended you obtain confirmation of each of their Mount Isa inspection date(s) to ensure their visiting dates fit in with your proposed staged building completion timeframes.
Please note that the above list has been compiled on the basis that Mount Isa City Council is aware that the firm/inspector provides services to the Mount Isa area. In providing the list, Mount Isa City Council is not recommending, endorsing or otherwise providing any warranty for the services provided.
Building Certifiers will have their own application fees and supporting documentation that will need to be supplied upon application; please discuss these requirements directly with your chosen certification firm.