Development Application Process
The Act defines:
What a development is
The types of development
The types of applications available.
It is then up to the relevant council to provide a specific planning scheme, which sets out the zones, assessment levels, and overarching policies applicable to their local area.
Schedule 2 of the Act defines five development types:
Carrying out building work
Carrying out plumbing or drainage work
Carrying out operational work
Reconfiguring a lot
Making a material change of use of premises.
In most cases, the development categories or assessment level will be dictated by the relevant planning scheme based on the proposed development type and the land use definition (where relevant).
The Development Assessment Rules (DA Rules) sets out the statutory framework, sequence, timeframes and actions required for an assessable development.
An Act, regulation or local or state planning instrument will categorise development under the following 3 categories:
Development for which a DA may not be made.
Development for which a DA is required.
Development for which a DA is not required.
The categories of development are demonstrated in the following diagram.
For any development application there are 5 main parts in the development assessment process. These parts and the associated time frames as shown in sequence in the diagram below.
The development assessment process
The development assessment process may not include all parts although Part 1 and Part 5 will apply to all development applications. Whether Parts 2, 3 or 4 applies depends on the circumstances that apply to a particular site or development proposal. The main parts to the process and the statutory timeframes that apply are explained in more detail as follows:
Part 1 - Application
10 business days for confirmation notice (not always required), otherwise this part ends when the confirmation notice is issued or the confirmation period ends.
Part 2 - Referral
10 business days to give material to referral agency.
5 business days for referral agency to confirm application is properly referred (referral confirmation notice)
25 business days for referral agency assessment period after referral confirmation notice.
Part 3 - Information Request
An Applicant can nominate to not receive an information request although this does not apply for an application for an ERA or for access to a state-controlled road, a variation request (s242 equivalent) and some other circumstances.
10 business days after Part 1 has ended for Council or the referral assessment period commences.
3 months for the applicant response before lapsing.
Part 4 - Public Notification
15 business days is the public notification period in most circumstances
Part 5 - Decision
35 business days for decision to be made
5 business days for the assessment manager to notify applicant of the decision.
What it means
The Queensland planning system can appear complex and confusing to a novice so it’s important to get professional advice to help mitigate the risk of missing something important or misinterpreting information.
Regulations and assessment requirements are constantly changing. As town planning experts, we make it our business to stay informed.
It’s a risky business to assume your development will achieve the same outcome compared to a similar property next door or down the street. Site area, context, service availability, timing, latent conditions, and other constraints, can all affect the development potential of a site.
Town planners provide professional advice ranging from possible site constraints, all the way through to preparing development applications and achieving development approval.
It’s important to engage a planning professional for each unique development proposal. Generic advice is a poor substitute for site-specific guidance when you consider the many diverse issues possible, and potentially detailed regulatory requirements.
Helping you navigate the planning process
Consult Planning are town planning experts, advocating for our clients to ensure appropriate outcomes are realised from development approvals. Our sought-after negotiation skills and expertise help our clients have the greatest chance of success.