Town Planning / Development Appovals

Question 1

3 types of development application ?

Answer 1

• Prohibited development - Development for which a DA may not be made.
• Assessable development - Development for which a DA is required. Code Assessable OR Impact Assessable.
• Accepted development - Development for which a DA is not required. In this category there is two subsets being Accepted Development (ie.exempt) and Accepted Development subject to compliance with identified requirements (formerly self-assessable).

Question 2

what does Code Assessable mean ?

Answer 2

Code assessable development applications are for development that is generally expected and can be assessed against the planning scheme requirements. ​ It is not required to be publicly notified. ​

Question 3

what does Impact Assessable mean ?

Answer 3

• Impact assessable development applications are for complex proposals or where the development has the potential for greater impacts:
  
  • Assessed against the entire planning scheme.
  • It is required to be publicly notified for a set period of time.
    
    • Sign on site
    • letter to adjacent lots
    • Notice in local newspaper
  • The community may make properly made submissions and have appeal rights.
• If development is larger scale than the planning scheme intended.
• The client needs to be warned in writing that this process is probably slower, more costly (to all parties involved) and it is more likely to be rejected than a code assessable application.

Question 4

What documents will be required for a town planning application in QLD?

Answer 4

• Architectural plans, sections, elevations, perspectives etc
• Landscape concept plan
• Reports from consultants as outlined by planner i.e. Traffic, acoustic, civil for overland flow & bio retention
• Planning report from town planner
• Check with townplanner

Question 5

If DA is rejected what do you do?

Answer 5

This would be very unusual in my experience as the council would more likely send through a large RFI that would need to be conformed to in order for the proposed development to pass DA.

• Investigate why it had been rejected.
• Call PII
• Discuss the ensuing procedure with the Town planner to ensure that the DA is passed in a timely manner.

Question 6

What do you do with the DA conditions?

Answer 6

• File them
• Send to all consultants as there may be conditions that apply to them

Question 7

What are DA conditions ?

Answer 7

• Most development approvals have conditions. The conditions form part of the development approval package and set out the circumstances in which the approved development may proceed.
• Often the purpose of conditions is to protect or reduce impacts on the environment and amenity. Some conditions relate to the provision of infrastructure to adequately service the proposed development.
• The Planning Act 2016 (PA) allows an applicant to negotiate conditions of development approval, following receipt of the decision notice.
• Example conditions (so many things) construction management plan, amplified music operating hours for a restaurant, usually a condition that states development must be built in line with drawings, protection of existing infrastructure, complete all building work, food hygeine , equitable access etc.

Question 8

After talking to the Town planner the DA has been approved. What next?

Answer 8

• Send DA conditions to all consultants
• Meet with client for requirements and moving forward. Marketing etc.
• startup meeting with consultant team
• review Costs with quantity surveyor & estimate

Question 9

What is the expected timeframe for a DA ?

Answer 9

• Code Assessable statutory timeframe is 45 business days not including any requests for information.3 to 6 months.
• Impact Assessable statutory timefram is 70 business days not including any requests for information. 6 months minimum.
• Minor change - 6 weeks.
• Other change - the same as a new DA.
• However, town planner will able to advise.

Question 10

How long is the currency period of a DA following approval ?

Answer 10

• Material change of use: 6 years for the first change of use to start
• Reconfiguring a lot not requiring operational works: 4 years for the subdivision plan for the reconfiguration to be lodged to Council for plan sealing
• Building works: 2 years for the development to substantially start
• Operational works: 2 years for the development to substantially start.
• You can apply to extend a currency period.

Question 11

What is the QLD DA Process ?

Answer 11

1. Pre Application / Pre-lodgment meeting (not mandatory)
2. Application
3. Referal Agency Assessment (if req’d) & Information Request (if req’d)
4. Public Notification (Only Impact Assessable)
5. Decision
6. Appeal Period

Question 12

What are Referral Agencies ?

Answer 12

• Under the Planning Act 2016, a development application may trigger a requirement for an application to be referred to a referral agency.
• Referral agencies are generally Queensland Government departments and authorities such as Transport and Main Roads and Environment and Heritage Protection
• SARA (State Assessment and Referral Agency) was established to coordinate the state’s assessment and decision making role in the development process.
• Third Party Refferal Agencies are agencies that may have an interest in a application eg Brisbane Airport Corporation are interested in buildings over 100m, Energex etc.

Question 13

When does the QFES become involved in a DA ?

Answer 13

• Under the terms of the Planning Act 2016 and associated legislation, referral to QFES for advice is required for any application for building work that involves a fire safety system and:
  
  • requires special fire services (SFS) mentioned in the Planning Regulation 2017 or
  • proposes a performance solution in relation to fire safety.