Act land development applications

For any development application there are 5 main parts in the development assessment process. These parts and the associated time frames as shown in sequence in the diagram below.

The development assessment process may not include all parts although Part 1 and Part 5 will apply to all development applications. Whether Parts 2, 3 or 4 applies depends on the circumstances that apply to a particular site or development proposal. The main parts to the process and the statutory timeframes that apply are explained in more detail as follows:

• 10 business days for confirmation notice (not always required), otherwise this part ends when the confirmation notice is issued or the confirmation period ends.

• 10 business days to give material to referral agency.
• 5 business days for referral agency to confirm application is properly referred (referral confirmation notice)
• 25 business days for referral agency assessment period after referral confirmation notice.

An Applicant can nominate to not receive an information request although this does not apply for an application for an ERA or for access to a state-controlled road, a variation request (s242 equivalent) and some other circumstances.

• 10 business days after Part 1 has ended for Council or the referral assessment period commences.
• 3 months for the applicant response before lapsing.

• 15 business days is the public notification period in most circumstances

• 35 business days for decision to be made (less up to 10 days for any time taken to make an Information Request)
• 5 business days for the assessment manager to notify applicant of the decision.

What it means

The Queensland planning system can appear complex and confusing to a novice so it’s important to get professional advice to help mitigate the risk of missing something important or misinterpreting information.

Regulations and assessment requirements are constantly changing. As town planning experts, we make it our business to stay informed.

It’s a risky business to assume your development will achieve the same outcome compared to a similar property next door or down the street. Site area, context, service availability, timing, latent conditions, and other constraints, can all affect the development potential of a site.

Town planners provide professional advice ranging from possible site constraints, all the way through to preparing development applications and achieving development approval.

It’s important to engage a planning professional for each unique development proposal. Generic advice is a poor substitute for site-specific guidance when you consider the many diverse issues possible, and potentially detailed regulatory requirements.