What type of development needs a development application?
Not all development requires planning approval from Council.
- Most houses won’t – they will just require a building approval from the building certifier and a plumbing and drainage approval from Council.
- Some houses will – for example, if a house or a carport is proposed close to the street boundary, then this may need to be referred to Council to assess whether it will fit in with the street.
- Most rural activities in a rural zone won’t – for example, undertaking cropping on an already cleared parcel of rural land.
- Most other development will, including multiple dwellings (townhouses and apartments), shopping centres, industrial warehouses, and so on.
Whether a proposed development requires a development application or not is determined by the City Plan. It also identifies whether that development application will require code assessment or impact assessment.
So, what does code and impact assessment mean?
There are 4 categories of development and assessment:
Accepted development
No development application required.
This may be dependent on meeting particular requirements. For example, a home-based business might be accepted development if there are only a certain number of customers per day and the floor area for the business is kept to a maximum size.
Code assessment
A development application is required.
This level of assessment is generally for development that is expected in that zone, and the assessment ensures the design and operation meet the outcomes of the codes. Applications are assessed only against relevant codes in City Plan and do not require public notification.
Impact assessment
A development application is required.
This level of assessment might indicate that the development was not expected in that zone or may be at a size that wasn’t expected. Public notification is required by the applicant to understand the community’s views on the proposal and the assessment is broader than just the relevant codes in City Plan. These applications are also assessed against the strategic objectives of City Plan and can include other relevant matters. For example, is it meeting a community need that wasn’t there when the City Plan was first drafted?
Prohibited development
A development application cannot be submitted.
Only the State Government, through the Planning Regulation 2017, can prescribe prohibited development.
How does Council assess proposals against City Plan codes?
Queensland’s planning system adopts a performance-based assessment framework. Assessment codes contain qualitative outcomes for things like building design, environmental protection and managing stormwater (in the current City Plan, these are called ‘performance outcomes’). A proposed development is assessed against these qualitative outcomes.
Assessment codes also contain quantitative (measurable) outcomes for things like building height, setbacks to boundaries and number of car parking spaces (in the current City Plan, these are called ‘acceptable outcomes’). Development is not assessed against these outcomes, instead they offer an applicant one way to achieve the qualitative outcome.
This performance-based approach is designed to:
- Allow development assessment to respond to change (whether that be change in technology or community needs)
- Encourage innovative outcomes, rather than just prescriptive compliance
- Allow assessment tailored to local context, rather than a 'one size fits all' approach.
If you want to learn more about the development assessment process, please see the Queensland Government's development assessment website.
Who else is involved in development assessment?
State Assessment and Referral Agency (SARA)
The SARA is part of the Queensland Government. Some development applications are required to also be assessed by this State agency. This is where that development impacts a particular State interest, such as clearing koala habitat or work on a State heritage listed place.
In these cases, the SARA will assess this aspect of the development and can direct Council to either refuse the application or impose conditions on any approval of the development application.
Community members
For impact assessable development applications, community members play an important role too. If you are concerned about a development's potential impacts or want Council to know that it's exactly what your local area needs, you can lodge a submission expressing your views.
These must be submitted during the public notification period and explain your concerns. You don't need to be a lawyer or planner to make a submission, just someone who cares about what's happening in their community.
Appeals process: a second opinion
If the person that lodged the application doesn’t agree with Council’s decision, they can ask for a review. For applications that require impact assessment, a person that made a properly made submission can also ask for a review of the decision. There are two levels of review: