Council Requirements


Many people find the most difficult aspect of building a new project is dealing with their local council.


East Coast Granny Flats & Small Homes have built over 50 granny flats spanning from Port Macquarie to Tweed Heads so our experienced team are highly adapt at dealing with every council on the Mid North Coast. What that means is we cut through the "red tape" and take care of all those council requirements and applications for you.

So how do you know if you can build a Granny Flat on your property?

The first thing to do is contact our friendly team. We can help you ascertain the likelihood of council approval on your property with one quick phone call.  

We start with looking at what zone your property is as each of these has it's own set of regulations:

  • Zone R1 General Residential

  • Zone R2 Low Density Residential

  • Zone R3 Medium Density Residential

  • Zone R4 High Density Residential

  • Zone R5 Large Lot Residential (Via DA only)

  • Or equivalent zones for the local council area

Then we look at your property:

  • Your block must be larger than 450m2 for a granny flat to be permitted.

  • We ascertain if a granny flat needs to be attached or detached from the existing dwelling.

  • Outline the best location for a granny flat in accordance with existing sewer and septic along with the minimum set backs from dwellings, other structures and boundaries.

  • Property fire ratings.

  • Any other site specific details that may allow or prohibit a granny flat on your property.

Once we have established these requirements we can start to move forward to the next stage of the process.


Thanks to changes in council policy it is now cheaper than ever to have a secondary dwelling on your property


Now is the time to take advantage on greatly reduced council fees


Save up to $8000 on council fees

Contact us to find our how!

Council FAQ's

Q. How does a person apply for approval for a secondary dwelling?

A. A Development Application can be submitted to council. Our team can handle this for you.

Q. Are secondary dwellings permissible in rural zones?

A. The AHSEPP provisions for secondary dwellings do not apply to rural zones. Secondary dwellings may be permitted under the council's LEP in these zones, but this will need to be checked with your relevant council.

Q. Can a secondary dwelling be established in conjunction with a "principal dwelling" where the "principal dwelling" is a dwelling in a dual occupancy or residential building (rather than a dwelling house)?

A. No. Under clause 22 of the AHSEPP, development for the purposes of a secondary dwelling cannot result in there being on the land any dwelling other than the principal dwelling and the secondary dwelling. This means there can only be one other dwelling on the land with the secondary dwelling.

Q. Will this cause overshadowing or loss of privacy?

A. The height limit is the same as for dwelling houses under the Housing Code AHSEPP also has setback provisions which are the same as the Housing Code to minimise impacts like overshadowing and loss of privacy.

Q. Do the other local council planning controls continue to apply?

A. If the AHSEPP does not explicitly override council planning, then the local council planning control continues to apply.

Q. What happens if there is a conflict between the controls in the local environmental plan (LEP) and AHSEPP?

A. If there is an inconsistency between the AHSEPP and the relevant council's LEP, the provisions of the AHSEPP will override those in an LEP to the extent of inconsistency.

Q. Do section 94 development contributions apply?

A. The AHSEPP does not affect the levying of development contributions under section 94 of the Environmental Planning and Assessment Act 1979.

Q. Are dwellings approved under the SEPP exempt for bushfire or flood planning requirements?

A. No, the AHSEPP does not override bushfire or flood planning requirements.

Q. Does BASIX apply?

A. The AHSEPP does not change the application of the Building Sustainability Index (BASIX) requirements.

So if you are looking for the most stress free, hassle free yet all-inclusive company guaranteed to take care of the hard work for you, then East Coast Granny Flats & Small Homes is the right company for you. 

We take care of everything from start to finish!

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