When is a Granny Flat NOT a Granny flat?

What to do when council have said no.

Dodging Red Tape: How to Get a Granny Flat Approved Without the Drama

If you’ve ever tried to add a granny flat to your suburban property, you’ll know just how quickly a simple idea can turn into a paperwork nightmare. One minute you’re sketching out plans for a small, self-contained unit—next thing you know, the local council is knocking it back over something that sounds suspiciously like red tape in disguise, or knocking at your door with a team of ‘inspectors’.

In my experience, councils usually say “no” for a handful of predictable reasons: zoning rules, building bulk concerns, lack of parking, or some vague idea that your project doesn’t "fit the character" of the neighbourhood. But here’s the thing—most of these objections aren’t deal-breakers. They’re just hurdles, put in place by box tickers with no idea about building at all.  With a bit of creativity (on paper, not with hammers), you can often jump straight over them.

The Language Trick: Call It Something Else

The simplest fix? Change what you call the thing. Councils tend to bristle at terms like “granny flat” or “secondary dwelling,” because those phrases suggest rental income or permanent occupation. But call it a “studio,” “detached office,” “workshop/shed” or “garden room,” and suddenly you’re in much friendlier territory. You haven’t changed the building—just the story you’re telling about it.

Shrink to Fit

It’s surprising how many applications are knocked back over tiny details: a wall that’s 40cm too close to the boundary, or a roofline that slightly tips the floor space ratio. These are often easy wins. Shave a few inches off here, shift a door there, and you’ve got a compliant plan. Nothing major—just enough to slide under the radar.

Use the Fast-Track (If You Can)

Some states offer a “complying development” pathway. In NSW, for example, you can skip the full development application process entirely if your design ticks the right boxes under the SEPP (State Environmental Planning Policy). It’s not a loophole—it’s a legitimate alternative. Just be meticulous with your paperwork. This is one of those times when the form matters more than the formwork. Always remember that State guidelines overrule local.

Keep the Kitchen Quiet

Here’s another trick: leave the full kitchen off the plans. Councils often classify a building as a separate dwelling purely because it includes what looks like a kitchen. But a kitchenette? A wet bar? That’s a different story. Many homeowners fit out the cooking area later, once the structure is signed off. Is it a grey area? Sure. But it’s one that plenty of people operate in without issue.

Get Your Neighbours Onside

If privacy or overshadowing is likely to be an issue, get ahead of it. Talk to your neighbours early and ask them to write a short letter of support. Including that with your application shows the council you’re being proactive—and it might stop an objection before it starts.

My Final Thoughts

Councils have rules, (really they are guidelines, not for you, so much as the uneducated, box tickers, whom they employ in these positions of ‘power’)) but they also have blind spots—and most objections are less about the design and more about how that design is presented or interpreted. With a bit of planning and a willingness to play the paperwork game, you can get the green light without changing your vision. It’s all about speaking the council’s language—even if you have to rewrite the dictionary a little. By keeping the power hungry minions happy we can always get what we want.

About the Author
Jayne: The Woman Developer is a property developer with a sharp eye for the loopholes that make projects move faster. Her distain for local council overreach and incompetence is her fuel to help everyday Australians navigate the building process with less stress, smarter paperwork, and better outcomes. Got a development problem? She’s probably solved it already.

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With 30+ years experience, Jayne is an industry leader with an extensive knowledge base, and is the face of this family business.

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