Phone1300 864 444
The General Manager
Ballina Shire Council
PO Box 450
Ballina NSW 2478
40 Cherry Street
Ballina NSW 2478
8:15am - 4:30pm
Monday to Friday
Under the Ballina Local Environmental Plan 2012, Secondary Dwellings are permitted in the following urban residential zones:
Secondary Dwellings are not a permitted on rural zoned land. Where more than one dwelling is to be located on rural land, it will be assessed as a Dual Occupancy development.
There are two pathways of applying for approval to have a Secondary Dwelling:
If your plans meet the requirements criteria for a Secondary Dwelling within State Environmental Planning Policy (Affordable Rental Housing) 2009 and State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 it can be approved as Complying Development by either Council or a private Registered Certifier.
There are a number of specific criteria in the State Environmental Planning Policies (SEPP’s) that have to be met to be approved as Complying Development. If any one of these criteria is not able to be met, the application cannot be approved.
Although there are planning controls to be satisfied, assessment under the Development Application pathway is a merit based assessment based largely on meeting objectives. However, there are some criteria that still must be met such as:
Where more than one dwelling is to be located on an allotment, a one off payment to council of developer contributions towards the provision and maintenance of Council infrastructure is required. This applies to all Secondary Dwellings.
However, to encourage the development of Secondary Dwellings in general and particularly where they are visually integrated with the Principal Dwelling, the Council has resolved to waive the payment of contributions on Secondary Dwelling as below:
To receive the above waiver the following criteria must also be satisfied: