Are you concerned about a development going on near you, or interested to know what it’s about? Read below for information on finding the applications and having your say.
Code vs impact assessable
Development applications go through a specific process for assessment when they are lodged to Council. These are called Code and Impact assessment.
Code assessable development is development that is generally assessed against the relevant codes in the Planning Scheme. Code assessable development is generally consistent with Council’s preferred outcomes for that zone, subject to the proposal meeting the requirements of the relevant codes; therefore there is no requirement for the development to be publically notified.
Impact assessable development is development that requires a broad assessment against any relevant matters, including the planning scheme, the State planning regulatory provisions, and regional plans. Impact assessable developments are required to be publically notified, so that Council can gauge the level of public interest in the development. Anyone can lodge a ‘submission’ to Council during the public notification period. If the submission meets the minimum requirements, then the comments in the submission are taken into consideration during the preparation of a planning report.
Making a submission on an application
If an application is impact assessable, it will be subject to a public notification period. In this period, anyone can make a submission to Council about the proposed development. See Making a submission about a development application for information on making a ‘properly made’ submission. If your submission is deemed ‘properly made’, you will have third party appeal rights to appeal Council’s decision after the application has been decided. Your comments will be taken into consideration when Council makes a decision on the application.
If an application is code assessable, there is no formal public notification process, and no formal opportunity to ‘have your say’. If you write a submission to Council, it does not have to be taken into consideration for the overall assessment of the application and you will not have third party appeal rights.
Understanding decisions on applications
As per the requirements of the Planning Act 2016, any application lodged and decided after 3 July 2017 will have a Statement of Reasons available. When Council makes a decision on an application (either an approval or refusal), a Statement of Reasons is required to be published on PD Online outlining Council's reasons for the decision. This will assist you with understanding the reasons behind the decision.
More information on applications
Contact us to learn more.