How to lodge a properly made development application

Heath with development plans

The Planning Act 2016 and development assessment rules

The Planning Act 2016 (the Act) is Queensland’s principal development legislation that coordinates planning at the local, regional and state levels.  The Act manages the processes by which development occurs and includes provisions relating to:

Mandatory requirements for development applications

Section 51 of the Act outlines a series of mandatory criteria that an application must satisfy to be deemed to be a properly made application. It is important that applicants satisfy the requirements for properly made applications under the Act so that Council is able to accept the application.

All development applications must be 'properly made' in accordance with Section 51 of Act and its regulations.  For a development application to be properly made it must be accompanied by:

The application must be submitted to meet Council’s requirements. Applications can be lodged either:

a. application forms and owner’s consent (if required)

b. plans

c. other supporting information, such as:

- reports (each saved separately);

- an outline of the development proposal;

- details of how the application addresses the relevant codes and constraints;

- any additional information requested on the forms; and

- any supporting information for the Priority Infrastructure Plan.

Development application requirements

The Toowoomba Regional Planning Scheme is the relevant planning scheme for development applications made within the Toowoomba Regional Council local government area. Applicable codes for a development application may include:

    1. zone codes;

    2. local plan codes;

    3. overlay codes;

    4. statewide codes;

    5. use codes; and

    6. development codes.

All applications under the Toowoomba Regional Planning Scheme must satisfy the mandatory requirements of the Act.

Schedule 6 of the planning scheme comprises Planning Scheme Policies. Planning Scheme Policy No.1 sets out the requirements for the preparation of development applications made to Toowoomba Regional Council under the Act.

Mandatory requirements for Material Change of Use applications

Mandatory requirements for Reconfiguring a Lot application

Mandatory requirements for Building and/or Operational Works applications:

Additional information required by development and overlay codes

Section SC6.1.6 of the Planning Scheme entitled ‘Additional information required by development and overlay codes’ in Planning Scheme Policy No.1 sets out additional information requirements triggered by specific development and overlay codes. Codes that are applicable include:

Referral triggers

There can be times when the State Government, or other agency, has an interest in a development application. These development applications are required to be lodged to these agencies for their comment as well. Other agencies can include the Queensland Fire and Emergency Service, or Ergon Energy. The Planning Regulation 2017 sets out when another agency is required to have input into an application.

Some of these triggers can include, but not limited to:

The applicant will be required to contact the relevant referral agency to determine their requirements.

 

Further assistance

Contact Council’s Technical Advice Team on 131 872 to obtain further assistance on making a properly made application. 

 

Related information

Online formDevelopment assessment online lodgement form

Online formToowoomba Regional Planning Scheme

Online formPlanning regulation 2017

Online formPlanning Act 2016

Last Updated: Tuesday, 08 May 2018 17:27