ENVIRONMENTAL DEFENDERS
OFFICE (QLD) INC.
Development
Approvals
Factsheet 6 This factsheet
describes the development assessment process under the Integrated Planning
Act 1997 (“IPA”). Factsheets in
this series: 1 An introduction to the Integrated
Planning Act 1997 (“IPA”) 2 Ecological sustainability: the
purpose of IPA 3 Planning schemes and other
planning instruments 4 The South 5 Making effective submissions on
planning schemes 6 Development approvals 7 Making submissions on development
applications 8 Public access to information on
planning and development applications 9 The Planning & 10 Appealing and enforcing development
approvals 11 Environmental impact assessment 12 The structure and operations of
local government
SUMMARY
Development is defined under the IPA to
include virtually all new or changed activities on land, including building and
use.
Development can include building, plumbing, drainage or
operational work, reconfiguring a lot or a material change in use.
Development is only regulated by a public authority if it
is made assessable or self assessable under Schedule 8 of IPA or a planning
scheme.
Much development will be permissible on the basis that it complies with
a code. The building code is one example of a code, but others can be
introduced as part of a planning scheme or by a State government body.
The IPA establishes four levels of assessment for development (Figure
1).
- Exempt
development is specified in the IPA or planning schemes. It
does not require a development permit and need not comply with the codes
or planning scheme. Some development activities are automatically exempt
from assessment under IPA including mining, forestry and some agricultural
activities (other laws control these types of development)
- Self
assessable development, as specified in Schedule 8 of IPA or a planning
scheme, does not require a development permit but must comply with applicable
codes.
- Assessable
development – code
assessment: the development is assessed against applicable codes by a
public authority or an assessor. A development permit is required but
applications do not have to be notified publicly and members of the public
generally cannot object (make formal submissions) on the development
application and have these considered.
- Assessable
development - Impact
assessment: the development is assessed against the planning scheme
and its broader environmental effects considered. A development permit is
required. The public must be notified of the development application and
rights of submission (objection) and third party appeal are specified
(Figure 1).
How do I know what category a development comes under?
IPA defines certain types of development as assessable but does not
specify whether it is code or impact assessable. A regulation to IPA specifies
that some types of development are code or impact assessable. The planning
scheme for the area in question should specify which developments are impact
assessable. REMEMBER, you can be involved in the process for the preparation of
planning schemes (see factsheet 5).
Preliminary approvals can over-ride planning scheme requirements on
the level of assessment or the applicable codes in some circumstances.
The IPA establishes an Integrated Development Assessment System
(IDAS) in which applications are received by assessment managers (usually
the local Council) and referred if necessary to other interested agencies.
Concurrence agencies can offer advice, request further information
from an applicant and direct refusal or conditional approval of a development
application. Advice agencies may only provide advice.
Certain matters must be considered by an assessment manager when
assessing a development under transitional and IPA planning schemes.
Applications subject to code assessment can be refused only if
proposed developments do not comply with applicable codes and compliance can
not be achieved by imposing conditions.
Developments subject to impact assessment can not be approved if
a concurrence agency has directed a refusal, or the development compromises the
achievement of the desired environmental outcomes set out in the planning
scheme. Developments that conflict with the planning scheme can be approved if
there are sufficient planning grounds to do so.
The Minister can be involved with development applications that
involve a State Interest.
Applicants do not have to supply information requested by the assessment
manager or concurrence agencies.
Decision makers under IPA must "seek to achieve ecological
sustainability" in making decisions on impact assessable development
applications (see factsheet 2).
Development permits attach to the land and bind later owners.
Development Approvals
FULL TEXT
This Factsheet is for general
information purposes and is not legal advice. Important legal details have been
omitted to provide a brief overview of this area of the law. If you require
legal advice relating to your particular circumstances you should contact the
EDO or your solicitor.
New development assessment system
This Factsheet provides a general discussion of the development assessment
process under the Integrated Planning Act 1997. The IPA development
assessment system described in this factsheet applies to development
applications lodged after
What is development?
Development is any of the following:
- carrying out building
work;
- carrying out plumbing or
drainage work;
- carrying out operational
work;
- reconfiguring a lot
(subdivision); and
- making a material change
of use of premises (e.g. starting a new use or recommencing an abandoned
use or a material change in the intensity or scale of the use).
The definition of development (s1.3.2 of IPA) has been left wide to
enable the IPA system to integrate the many existing regulatory systems
covering the use of land.
How is development assessed
Development under the Integrated Planning Act 1997 is either:
- exempt;
- self assessable; or
- assessable
This means that while many development activities are caught by the
concept of development only some will be regulated by an outside authority. No
consent of a council or other regulator is required for development (including
building work) which is exempt or classified as self-assessable under Schedule
8 of IPA or a planning scheme.
Only development specifically set out as assessable under Schedule 8 of IPA or
a planning scheme requires the formal approval of a council. Assessable
development is further classified as subject to either:
- Code Assessment, with no
public notification (generally) and no third party appeal rights; and/or
- Impact Assessment, with public
notification and third party appeal rights.
An application requiring code assessment is assessed for compliance
against relevant codes. For example, an application for building work requiring
code assessment would be assessed against the Standard Building Regulation, an
IDAS code.
The assessment process for an application requiring impact assessment is
generally more rigorous. Impact assessment means the assessment of the
environmental effects of development and the ways of dealing with the effects.
The application is assessed having regard to a range of matters such as the
planning scheme and relevant planning scheme policies. The application must
also be publicly notified, and submissions (giving rise to appeal rights) may
be made on the application.
Figure 5.1 - Development Assessment under the Integrated Planning Act 1997
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Assessment
& Compliance Requirements |
Where do
I look to find out what category a particular development is in? |
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Exempt
Development |
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Self-assessable
Development |
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Assessable
Development: Code Assessment |
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§
Regulation
under IPA. §
Planning
scheme for the area in issue. |
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Assessable
Development: Impact Assessment |
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Development approvals
A development permit is a type of development approval. A development
permit approves assessable development and allows it to proceed. It an offence to
start assessable development without a development permit (s4.3.1 IPA).
A development permit is not necessary for self assessable development or
exempt development. However, self assessable development must comply with any
codes applying to the development.
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Example - Requirements
to obtain a permit An application is made to
convert a house to a restaurant. The application involves a material change
of use of premises and involves building work. The planning scheme makes the
material change of use assessable development. Accordingly, the applicant
must obtain a development permit. Schedule 8 of IPA specifies that the
building work is assessable development so a development permit for the
building work (assessed against the Standard Building Regulation) is also
required. |
All development is deemed to be exempt development unless the Act or a planning
scheme makes it assessable or self assessable development.
A preliminary approval is also a type of development approval. A
preliminary approval approves assessable development but does not authorise it
to start. Final detailed design of the development or other details and
assessments are still outstanding, which would need to be submitted for any
development permit to be issued. A preliminary approval will often be used to
assist in the staging of approval, for example, a concept plan for a
subdivision layout.
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Examples of the use of
preliminary approvals A preliminary approval could
be sought for a large mixed use development. The preliminary approval could
specify development precincts, broad land use intentions and specify that
future development be assessable, self-assessable or exempt development. The
developer would then have certainty that the development would ultimately be
approved once the detailed design was completed, and all assessing
authorities were satisfied with the proposals. |
It is important to be aware that preliminary approvals can override
planning scheme requirements about the level of assessment or the applicable
codes in some circumstances. They can also impose conditions that will apply to
the subsequent development permit. If the proposal involves a material change
of use (e.g. a material increase in the intensity or scale of the use) a
preliminary approval can set parameters for the subsequent development of the
land. These parameters determine how subsequent proposals may proceed.
It could (subject only to limited restrictions) categorise the development or
parts of it as code or impact assessable, self-assessable or exempt development
or a combination of these. This could override the need for public notification
or any form of assessment when the applicant is ready to proceed with the
development. It could also identify any codes applying to the development,
which need not be planning scheme codes and which may compromise the
achievement of the Desired Environmental Outcomes (DEOs) contained in a
Planning Scheme.
REMEMBER, you should be careful to treat an application for a preliminary
approval in the same way as a normal application, including (where applicable)
making submissions and exercising your right of appeal to the Planning &
What are existing uses?
If the use of premises was lawful immediately prior to:
- the commencement of the Integrated
Planning Act;
- the commencement of a
planning instrument; or
- the amendment of a
planning instrument;
and
there has been no material change of use, then in that case the Integrated
Planning Act or the commencement or amendment of a planning instrument
under the IPA cannot:
- stop the use from
continuing;
- further regulate the
use; or
- require the use to be
changed.
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Example A car wrecking yard
established prior to the introduction of planning controls in an area will
remain lawful if a planning instrument is introduced which attempts to
restrict that type of use. |
Do subdivisions need a
development approval?
Some reconfigurations of lots, e.g. amalgamation of lots, are exempt
development and do not require development approval. However, most
reconfigurations, e.g. subdivisions, are assessable development and require
development approval (Schedule 8, IPA).
The Integrated Development Assessment System (IDAS)
One of the much trumpeted reforms introduced under the IPA was the replacement
of the need to obtain numerous approvals from diverse agencies with one Integrated Development Assessment System
(IDAS).
Under the IDAS all development applications are made to one assessment manager,
which in most cases will be the local Council. The assessment manager
may, or in some cases must, seek the advice or approval of other agencies when
assessing particular types of development applications. The IDAS system is designed to replace the
need for the applicant to approach numerous agencies for separate permits,
licences or other approvals. Those other agencies, in some cases, may require
the development application be refused or conditions attached to any approval.
Stages in the assessment process
The IDAS is for a four stage assessment process, although not all stages apply
to all development applications. Note that IDAS applies to assessable
development only.
For development applications subject to code assessment, the IDAS stages are
- the application stage;
- the information and
referral stage; and
- the decision stage.
For development applications subject to impact assessment, the IDAS
stages are
- the application stage;
- the information and
referral stage;
- the notification stage;
and
- the decision stage.
Further information on each of these stages is
set out below.
IDAS: The application stage
Who can lodge an application?
An application can only be made by the owner of the land to which an
application relates or a person who has the land owner's written consent.
What information must a development application contain?
Every development application must be made in the approved form. The
approved form :
- must include the written
consent of the owner of the land to the making of the application;
- must require an accurate
description of the land, the subject of the application;
- may contain a supporting
information part;
The Department of Local Government and Planning has approved forms for
development applications and supporting information. Copies of the forms can be
found at their web site at www.ipa.qld.gov.au.
How much does a development application cost?
Development applications vary in cost depending on:
- the type and complexity
of the application; and
- to whom the application
is made.
Local governments set their own fees by resolution.
Who must be informed when a development application is lodged?
The public is only notified of the lodgement of development applications for impact
assessable development. Sometimes public submissions are sought on code assessable
development but no appeal rights follow. However, all applications must be kept
available for inspection and purchase (s3.2.8 IPA).
Who can inspect a development application?
The application and any supporting information (other than sensitive security
information) must be kept open for inspection by any person from the time the
assessment manager receives the properly made application until the application
is withdrawn, lapses or until the end of the last period when appeals may be
made (s3.2.8 Integrated Planning Act 1997).
IDAS : The information and referral stage
Once an application has been received the assessment manager may need to refer
the application to various referral agencies prescribed by regulation. These
referral agencies fall into 2 categories - advice agencies who may:
- recommend conditions; or
- recommend that the
application be refused.
and concurrence agencies who may:
- offer advice about the
application;
- request further
information from the applicant;
- require that any
approval be for only part of the development;
- require that any approval must be a preli