Small Secondary Dwellings
Small secondary dwellings are small self contained accommodation on the same lot as, and usually detached from, the primary house. They are more commonly known as granny flats. In the past, planning regulations have restricted their occupancy to family members only and open space provisions have limited them to occur only on certain sized lots. The City of Fremantle has recently changed the planning regulations in the City of Fremantle Local Planning Scheme No. 4, so that such developments do not have occupancy restrictions, the open space requirements are no longer applicable and, in some cases, small secondary dwellings can be built without the need to gain planning approval.
This initiative is intended to promote a greater diversity of housing within Fremantle and bring more affordable and diverse housing onto the market. As a well established area, Fremantle has limited opportunities to promote infill development and there is a general social trend towards smaller household sizes (i.e. less and less people living in every house). Council is seeking to maintain and enhance local population to ensure that Fremantle’s social infrastructure and businesses remain vibrant and robust.
FAQs
1. What is a small secondary dwelling?
For any proposal to be considered a small secondary dwelling all four of the following requirements need to be met:
- the lot is a single house lot;
- the floor area of the small secondary dwelling is no more than 55m2 on a lot 600m2 or less OR the floor area is no more than 70m2 (a maximum of 65m2 ground floor area) on a lot greater than 600m2;
- the maximum wall height (as measured from natural ground level) is no more than 3 metres; and
- the maximum roof or gabled end height (as measured from natural ground level) is no more than 5.5 metres.
Where the proposal does not meet all of the above it cannot be considered a small secondary dwelling. In this circumstance, if the proposal is on property that is a single house lot, the development could be considered under the Residential Design Code’s provisions for ancillary accommodation.
2. When do small secondary dwellings not require planning approval?
Small secondary dwellings do not require planning approval where they are:
- proposed on a single house lot that is in the residential zone, has a minimum site area of 450m2 and the property is not included on the City’s heritage list AND
- the small secondary dwelling is detached from the single house, setback at least 6 metres from the primary and secondary street and complies with the required acceptable development criteria of the Residential Design Codes for boundary setbacks, outdoor living, site works, visual privacy, overshadowing, outbuilding and external fixtures.
For further information please consult the small secondary dwelling checklist to work through the these provisions.
3. If a small secondary dwelling does not meet the requirements above (question 2) can a small secondary dwelling still be built?
Yes potentially. Where the proposal meets the definition of a small secondary dwelling (see question 1), but does not meet the requirements set out above in question 2 then planning approval is required.
Every proposal will be assessed on its own merits using the provisions of the Residential Design Codes. All of the provisions of the Residential Design Codes are relevant with the exception of height and total floor area (m2), which are provided for in the definition of small secondary dwellings. Additionally, the open space and access and parking provisions of the Residential Design Codes are not applicable in the assessment of a small secondary dwelling.
4. What are the open space requirements for a small secondary dwelling development?
The Residential Design Codes include a requirement that a certain percentage of the total area of every residential lot be kept as open space (i.e. 50% of the lot). This provision has been suspended altogether in relation to small secondary dwellings. This will enable these dwellings to be developed as broadly as possible across the residential parts of the city, and to minimise the planning controls associated with their development. This does not mean that all open space will be lost within residential areas as the mandatory floor area controls for the small secondary dwellings and open space requirements for other buildings on the lot will ensure that significant areas of open space will remain.
5. How much parking does a small secondary dwelling require?
No off street parking is required for a small secondary dwelling. The provision for on–site car parking may still be provided by the landowner; however, there is no specific requirement to do so.
6. What other approvals would be needed?
If a small secondary dwelling is considered to be development that does not require planning approval (see question 2) then a building licence will still be required. If the proposal cannot be considered under the provisions that exempt small secondary dwellings from requiring planning approval (see question 2) then the small secondary dwelling will require both planning approval and a building licence.
7. Can a small secondary dwelling be subdivided from the single house?
No, there is to be no capability to create a separate title or strata title for a small secondary dwelling.
8. Can a small secondary dwelling be rented out?
Yes. There is no occupancy restriction on a small secondary dwelling; small secondary dwellings can be rented out to anyone.
9. What if the property is a strata title lot?
Only development proposed on single house lots can be considered a small secondary dwelling, as per the definition provided in question 1.
10. What if the property is heritage listed?
Small secondary dwellings are not permitted without planning approval on heritage listed properties. They require planning approval.
11. Will neighbours be notified if a small secondary dwelling is to be built next door?
If the small secondary dwelling meets the specific development requirements as set out in the City of Fremantle Local Planning Scheme (see questions 1 and 2) and therefore does not require planning approval, then no, neighbours will not be notified.
If planning approval is required for a small secondary dwelling and the assessment requires a discretionary decision under the Residential Design Codes then neighbours will be invited to comment on the proposal as part of the normal planning assessment process.
Where planning approval is required for a small secondary dwelling because the property is on the heritage list, neighbour notification is not required.
12. How many small secondary dwellings can be built on a property?
Only one small secondary dwelling can be built on a single house lot.
13. Can a small secondary dwelling be bigger than the prescribed floor area?
No. The prescribed floor area is part of the definition (the definition is outlined in question 1) of a small secondary dwelling and the definition cannot be varied.
14. Can an existing building be converted into a small secondary dwelling?
Yes potentially. There are no restrictions on materials or type of construction for the small secondary dwelling. However a converted building would still be required to meet the relevant Building Control Act 2010 and health legislation requirements. If these requirements and the requirements of question 1 are met then it could be considered as a small secondary dwelling and if it meets the permitted without planning approval criteria (question 2) it would not require planning approval.
For further information on the building and health requirements or any other requirements of small secondary dwellings please make an appointment with a planning officer on 08 9432 9999 or email planning@fremantle.wa.gov.au