How to Fix a Non-Compliant Design (QLD)
Plain-English Summary
A “non-compliant design” means your building plans don’t meet the rules in Gold Coast City Council’s City Plan 2016 or the Queensland Planning Act 2016. Council may refuse your application or ask you to change your design before approval. The good news: non-compliance is fixable. Once you understand which rule you’ve breached, you can redesign your plans and get your DA approved. This guide shows you how.
Table of Contents
- What This Problem Actually Means (QLD + Gold Coast Context)
- Why This Problem Happens (Real Causes)
- How Gold Coast City Council Assesses This Issue
- What Homeowners Can Do Next
- Common Mistakes Homeowners Make
- Example Scenario from the Gold Coast
- When to Get Professional Help
- Final Plain-English Takeaway
What This Problem Actually Means (QLD + Gold Coast Context)
When council says your design is “non-compliant,” they mean it breaks one or more rules in the City Plan 2016. These rules cover:
- Setbacks — distance from boundaries
- Building height — maximum metres allowed
- Site coverage — percentage of land you can build on
- Overlays — flood, bushfire, biodiversity, heritage
- Car parking — required number of spaces
Non-compliance doesn’t mean your idea is bad — it means your current design doesn’t fit the legal framework council must follow under the Planning Act 2016.
Why This Problem Happens (Real Causes)
The five most common reasons for non-compliance:
- Setback mistakes — building too close to boundaries
- Height breaches — exceeding the maximum height
- Overlay conflicts — ignoring flood, bushfire, or biodiversity rules
- Incomplete information — unclear or missing drawings
- Misunderstanding zone rules — assuming your zone allows what neighbouring zones permit
Most homeowners don’t realise the City Plan 2016 is legally binding — not optional guidance.
How Gold Coast City Council Assesses This Issue
Council uses two assessment pathways:
Code Assessable
Your design is checked against strict, measurable rules. If it meets every rule, council must approve it. If not, it’s non-compliant.
Impact Assessable
Council has discretion to approve designs that don’t strictly meet the code — but most single-dwelling extensions are code assessable, meaning compliance is mandatory.
When council identifies non-compliance, they will either:
- Send an Information Request asking you to fix or explain the issue, or
- Refuse your DA outright
See our guide on impact assessable development for more detail.
What Homeowners Can Do Next
Homeowners typically start with the Decision Notice, which sets out the exact rule that was breached.
The relevant zone code and overlay rules can be downloaded from council’s website as part of the City Plan 2016.
A current survey is often used to confirm actual distances, heights, and overlay boundaries on the site.
Designers or draftsmen are commonly briefed on the specific rule involved, to identify the minimum change needed to address it.
Where a redesign resolves the issue, a new DA is generally lodged with the corrected plans and a short statement explaining the change.
Compliant redesigns are often approved relatively quickly, though timeframes vary by application.
Common Mistakes Homeowners Make
- Arguing the rule is unfair — council can’t change the rules.
- Sending amended plans without formal lodgement — always lodge properly.
- Guessing council’s feedback — ask for clarification.
- Blaming the designer — check the City Plan yourself.
- Ignoring overlays — flood and bushfire rules are strict.
Illustrative Example (fictional)
The following is an illustrative, fictional example intended to show how a situation like this might be resolved; it is not a real case.
Sarah’s side extension — Southport
Sarah wanted to add a garage. Her designer lodged plans showing a 4m side setback. Council refused the DA because the zone required 5m.
Sarah’s solution:
- Measured her site accurately
- Shifted the garage 1m to meet the rule
- Resubmitted with a note explaining the fix
Approval came within two weeks.
The lesson: Compliance is binary — you either meet the rule or you don’t.
When to Get Professional Help
Hire a draftsman or designer if:
- You’re unsure how to interpret City Plan rules
- Your site has multiple overlays
- You’ve already been refused
- Your non-compliance involves setbacks or height
Hire a planning consultant or lawyer if:
- You disagree with council’s interpretation
- You want to appeal under the Planning Act 2016
- Your project is impact assessable
Hire a surveyor if:
- You’re unsure of boundary distances
- Your site has flood or bushfire overlay questions
Related Guides (Gold Coast & QLD)
- Council Knocked Back My Extension (Gold Coast)
- Setback Variation Problems (Gold Coast City Council)
- Why Council Says My Design “Doesn’t Meet the Code”
- Council Says My Plans Need Redesign — What Now?
- Common Mistakes Homeowners Make in DA Applications (QLD)
Final Plain-English Takeaway
Non-compliance is fixable. Council isn’t saying “no forever” — they’re saying “no to this version.” Once you understand the rule you’ve breached and redesign to meet it, approval usually follows quickly. Treat council’s feedback as a technical problem with a technical solution. Redesign, resubmit, and move forward.
This website provides general planning information only and is not legal, planning or design advice; homeowners, builders, owner-builders and developers should seek qualified professional assistance for any decisions relating to their Development Application or building project.
Contact — DA Refusal Help QLD
For general information or referral to a qualified town planner, contact:
Aaron — Client Liaison, DA Refusal Help QLD
Phone: 0477 767 423
Email: aaronbox193@gmail.com
This website provides general planning information only and is not legal, planning or design advice; homeowners, builders, owner‑builders and developers should seek qualified professional assistance for any decisions relating to their Development Application or building project.