Have your say on development applications

Are you concerned about a development going on near you, or interested to know what it’s about? Read below for information on finding applications and having your say.

You can have your say via our online form: Development - Have your say on a development application (online).

 

Public notification process

The process of public notification provide the community with the opportunity to view the development application relating to a proposed development, to consider the likely impacts the proposal may have on them, and to provide any comments about the proposal to Council, prior to Council determining the application.

Impact assessable development

Development applications categorised as impact assessable development are legislatively required by the Planning Act 2016 to to be publicly notified. The applicant must, as a minimum, do the following:

  • Provide a notice in a local newspaper.
  • Place a sign on each road frontage of the property.
  • Notify neighbours in writing on directly adjoining properties of the development application.

During the public notification period, anyone can make a submission to Council about the proposed development. 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.

Code assessable development

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.

 

Making a submission on an application

Public notification encourages community input by allowing members of the public to submit a written comment about a proposed development. Submissions must directly relate to planning matters associated with the development.

A submission may either object to all or part of the development, and/or support all or part of the development.

Who can make a submission?

Any person, other than the applicant or a referral agency, may make a submission about a development application that is subject to public notification. As long as the submission is properly made, submitters have appeal rights under schedule 1 of the Planning Act 2016.

When can I make a submission?

Any public notification material for the development application will state the period within which properly made submissions will be accepted by Council.

How to have your say/make a submission

You can have your say via our online form: Development - Have your say on a development application (online).

What makes a submission properly made?

For a submission to be considered by the assessment manager and grant appeal rights under Schedule 1 of the Planning Act 2016, the submission must be properly made in accordance with Schedule 2 of the Planning Act 2016.

To be considered properly made, a submission must:

  • Be made in writing, either electronically or in hard-copy.
  • Be signed by each person who made the submission.
  • Be received by Council during the formal public notification period, this will be stated in any public notification material.
  • State the name and residential or business address of all submission-makers.
  • State what aspects of the proposed development you support or oppose, as well as the facts and circumstances relied on to support the submission.
  • State a postal or electronic address for service relating to the submission for each of the submission-makers.
  • Be submitted to the assessment manager (Toowoomba Regional Council) when relating to a development application; or the responsible entity when relating to a change application.

Your submission will be available for public viewing. 

What if my submission is not properly made?

Council may at its sole discretion choose to accept a not properly made submission.

What happens to my submission?

Council, as the assessment manager, considers all properly made and accepted submissions prior to making the final decision on whether to approve or refuse the development application.

What effect does my submission have?

Matters raised in a properly made submission may be addressed by the applicant prior to the development application being decided and may lead to a change in the development application in order to address matters raised. Major changes that address a matter raised in a submission may require the development assessment process to restart, and may require public notification to be repeated.

Can I change or withdraw my submission?

Yes, submitters can amend or withdraw their submission by giving notice to Council. Any submission that is properly made or has otherwise been accepted by Council can be amended, so long as the amended submission is received before the stated day (final day that submissions must be received by Council). Submissions can be withdrawn at any time before Council has decided the development application.

Will I be informed of the final decision?

Yes, anyone who has submitted a properly made submission will be provided with a copy of the decision notice. Any member of the public who has made a 'properly made' submission may appeal Council's decision if they are dissatisfied with it.

How do I lodge an appeal?

To lodge an appeal, a notice of appeal form must be completed and lodged with the accompanying fee to the Planning and Environment Court. A submitter can only lodge an appeal within the submitter appeal period. Council will advise submitters in writing when their appeal period begins and ends. Submitters should seek their own legal advice in relation to their 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.

 

Further information

For further specific information on public notification, please contact Council’s Technical Advice Officers on 131 872 or visit your nearest Customer Service Centre.

 

Related documents

Development - Have your say on a development application (online)

Development - Have your say on a development application (PDF for print)

Submissions and public notification information sheet INFO 015 (PDF for print)

Last Updated: Thursday, 19 September 2019 11:47
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