The now repealed Sustainable Planning Act 2009 (SPR) and Planning Regulation 2017 (PR) allows Council to resolve to assess building work, as a referral agency, where Council considers it may have an extremely adverse effect on the amenity or character of the locality in which the work is proposed to be carried out.
At its Ordinary Meeting on 13 December 2016, Council made a new resolution with respect to its referral agency jurisdiction for such building work.
Amenity and aesthetics referral triggers
The referral agency jurisdiction applies only to the amenity and aesthetic impacts of building work for development that has been declared to be accepted development in the PR, and which satisfies the criteria outlined below:
Building work for a building or structure that:
- is for a single detached class 1(a)(i) building and/or class 1(a)(ii) building comprising not more than 2 attached dwellings; and/or
- is for a class 10 building or structure in the Low Density Residential zone, the Low-medium Density Residential zone, the Rural Residential zone or the Township zone, and covered by the Heritage Overlay Code and/or the Neighbourhood Overlay Code of the Toowoomba Regional Planning Scheme 2012; and/or
iii. is for a class 10 building or structure that exceeds 8.5 metres in height above natural ground level; and
- is located in the residential zones categories outlined in Attachment 1 to this website article; and
- is not development that already has a Development Permit for Material Change of Use or Development Permit for Building Works/Planning Scheme Works assessable against the Toowoomba Regional Planning Scheme 2012; and
- is not identified as ‘Accepted Development’ in the Toowoomba Regional Planning Scheme 2012; and
vii. is of a form/type (including repair, renovation, alteration or addition) that exceeds the maximum stated preferred height and/or that does not comply with the Acceptable Outcomes of the applicable Planning Scheme Codes listed in Attachment 2 to this website article.
Council has further resolved that the Planning Scheme Codes listed in Attachment 2 to this website article for development within the relevant Planning Scheme zones, represent the applicable codes in the Planning Scheme/s for Council’s Referral Agency assessment of the amenity and aesthetic impacts associated with the form of the building or structure, if the Building Work is carried out.
How to submit a request for an Amenity and Aesthetics referral agency response
A request for a referral agency response can be made on Council’s form APP 005 (see form in 'Related information', and must be accompanied by the required documents outlined on the form, and the prescribed assessment fee as per Council’s Fees and Charges Schedule).
These applications can easily be submitted and paid for using Council's Online Customer Service Portal 24/7. It allows applicants to track the progress of their applications submitted through the portal by using one user account per business/individual with ease.
Council encourages use of this service wherever possible. Register today to benefit from the full value and use of the portal!
Further information about the portal can be found in the 'Submit your development application online' article.
Alternative methods to submit your applications:
For further information about amenity and aesthetics assessment for building work, please phone Council’s Technical Advice Officers on 131 872, or visit your nearest Customer Service Centre.
Residential zones in the Toowoomba Regional Planning Scheme 2012
Toowoomba Regional Planning Scheme 2012
Low Density Residential Zone
Low-medium Density Residential Zone
Mixed Use Zone
Rural Residential Zone
Emerging Communities Zone
Toowoomba Regional Planning Scheme 2012 Planning Scheme Codes for the Toowoomba Regional Council’s Concurrence Agency Assessment
Low Density Residential Zone Code
Low-medium Density Residential Zone Code Township Zone Code Rural Residential Zone Code Mixed Use Zone Code Rural Zone Code Emerging Community Zone Code Highfields, Meringandan and Meringandan West Local Plan Code Glenvale Local Plan Code Heritage Overlay Code Neighbourhood Character Overlay Code Scenic Amenity Overlay Code
|PLANNING SCHEME||ZONE||APPLICABLE PLANNING SCHEME CODES (AS RELEVANT / APPLICABLE TO THE TYPE OF DEVELOPMENT PROPOSED EG: HOUSE, DUAL OCCUPANCY ETC)|
|Toowoomba Regional Planning Scheme 2012||Low Density Residential Zone||
Low Density Residential Zone Code
Low-medium Density Residential Zone Code
Township Zone Code
Rural Residential Zone Code
Mixed Use Zone Code
Rural Zone Code
Emerging Community Zone Code
Highfields, Meringandan and Meringandan West Local Plan Code
Glenvale Local Plan Code
Heritage Overlay Code
Neighbourhood Character Overlay Code
Scenic Amenity Overlay Code
|Low-medium Density Residential Zone|
|Rural Residential Zone|
|Mixed Use Zone|
|Emerging Communities Zone|