How we assess development applications
Learn about the development assessment process and how to meet the assessment criteria.
All development applications go through a set assessment process. The Development Assessment Rules set out this process to make sure all applications are assessed against relevant benchmarks.
When Council receives an application, we do an initial review to ensure it meets certain criteria. Once we’ve made sure the application is compliant, the assessment process begins.
The development assessment process is carried out in accordance with the Planning Act 2016 (the Act) and the Planning Regulation 2017 (the Regulation).
Stage 1: Application review
We review every development application to make sure it meets the relevant criteria.
The initial review for each application determines:
- if there are any gaps in the information provided
- what referrals are necessary, including:
- expert referrals
- referrals to any state government agencies
- expert referrals
- major and minor issues to be considered in the assessment process
- who needs to assess the application.
After initial review
Once an application is reviewed, we’ll allocate it to an assessment manager and any relevant specialists.
For impact-assessable applications, your assessment manager will send you a confirmation notice within 10 business days of the 'properly made' date.
For code assessable applications, the assessment manager will only send a confirmation notice if:
- there are external referral agencies
- you’ve chosen not to receive an information request.
The assessment manager will then assess the application and incorporate comments from other professionals or specialists. You may receive an information request if more information is needed.
Stage 2: Referrals
Council may refer your development application to external agencies as part of the assessment.
We may ask you for further information during the application process. You may also need to seek external agency advice, approval or permits.
A development application may trigger a requirement to be referred to a referral agency. These are generally Queensland Government departments and authorities that:
- have specific state interests, and
- must assess your proposal to determine its potential impact on these interests.
Referral agencies
The Regulation identifies the development triggers for an application for referral (e.g. the proposal impacts a state transport corridor). There are 3 types of referral agencies:
- Concurrence agencies: These agencies assess the proposal, may impose conditions of development and may influence Council’s decision.
- Advice agencies: These agencies assess the proposal but can only give advice, such as recommending conditions or determination of development.
- Third-party advice agencies: These agencies may have an interest in the scope of certain applications.
Confirmation of referral
The assessment manager will issue a confirmation notice if your application needs to be sent to a referral agency. It's your responsibility to provide a copy of the application and confirmation notice to the relevant referral agency.
Any referral aspects are assessed by the State Assessment and Referral Agency (SARA) against the State Development Assessment Provisions 2017 (SDAP). When applying, include assessment against the relevant SDAP provisions.
Council can only make a decision once we’ve received a response, or requirements or conditions from relevant referral agencies.
Stage 3: Information request
You may receive a request for information that relates to your application.
Timeframes
Council may send you an information request within 10 business days of the confirmation period, regardless of whether we’ve issued a confirmation notice.
The Act allows Council to seek an extension of this timeframe by written agreement between you and Council.
External referral agencies can also make an information request. These requests will be sent directly to you, with a copy forwarded to the Council assessment manager.
You have 3 months from the date of the information request to respond. However, we recommend you submit all information as soon as possible. This time period can be extended by agreement.
Types of information that may be requested
The types of information we ask for in an information request may include but is not limited to:
- investigations into potential flooding and/or overland flow
- stormwater disposal and lawful point of discharge
- unclear or insufficient plans provided to assess the development
- adequately responding to relevant Brisbane City Plan 2014 (City Plan) codes
- site access, parking and maneuvering
- investigation of acoustic impacts
- lack of justification for removal of vegetation
- investigation of acid sulphate soils.
You can discuss the information request with your assessment manager to help resolve any issues.
Stage 4: Public notification
You may need to notify the public of your proposed development.
Some applications must be advertised publicly for formal comments. This allows the community to have a say about the proposal or a change application. We consider these comments as part of the assessment process.
These applications include:
- those subject to impact assessment
- some other change applications.
Public submissions on development applications are made via Development.i.
Advertising and public notification requirements
You’re responsible for advertising and public notification of the application.
You must:
- publish a notice that circulates generally in the locality of the land
- place a notice as described in the Act on the land
- give notice to adjoining landowners.
You can engage companies that specialise in public notices for development applications.
Timeframes
Public notification can start as soon as one of the following occurs:
- you receive your confirmation notice, provided there are no referral agencies and the assessment manager states in the confirmation notice that they do not intend to make an information request
- you receive your confirmation notice, provided there are no referral agencies and that you have advised that you do not agree to accept an information request
- an information request period ends and no information request has been made during this period
- you respond to all information requests and gives copies of any responses to the assessment manager and, if applicable, the referral agency.
Depending on the application, all public notification requirements must start within 20 business days of completing the last relevant action:
- the confirmation notice has been sent, there are no referral agencies and the assessment manager has advised that an information request will not be given, or you have advised that you do not agree to accept an information request
- you have provided a response to any information request under part 3 of the DA rules.
Before starting public notification, you must give your assessment manager your intended start date.
Minimum notification period
The notification period is a minimum of:
- 30 business days for a variation request
- 15 business days for all other development application types.
Notifying Council
The closing date for public submissions marks the end of the notification period. You then have 10 business days to notify Council that you’ve met all requirements.
Once we receive your notice of compliance, your development application will progress to the decision stage.
Council must consider all submissions and will inform all principal submitters of its decision. Where there are multiple signatures to a submission, we will only notify the principal submitter.
Stage 5: Decision and conditions
Your assessment manager makes a decision on your application and informs you of any conditions you need to meet.
The decision process is as follows.
Your assessment manager will prepare a report and recommendation on your development application.
The assessment report is reviewed along with any submissions that were lodged.
Council notifies you of the decision. If infrastructure charges apply to your development, we’ll also send you an Infrastructure Charges Notice (ICN).
Decision notice and negotiations
Council will notify all applicants of the outcome within 5 working days of reaching a decision. This notification is called the 'decision notice'.
If the application is approved, the decision notice sets out the:
- terms of the decision
- appeal rights
- conditions.
If the application is refused, the decision notice will give you the reasons why.
You can appeal the decision within 20 business days. However, you may suspend the appeal period to lodge a request for a negotiated decision notice. This must be lodged within 20 business days of suspending the appeal period.
If you request a negotiated decision notice, tell us what parts of the original notice you want to negotiate and why. If Council agrees, we’ll give you a negotiated decision notice. If we don’t agree, we’ll let you know why.
You can also negotiate amendments to your approval conditions.
Council must publish a notice about the decision on Development.i once:
- the appeal period has finished, or
- you've lodged an appeal against the decision.
The notice about the decision:
- incorporates key information about your application’s assessment
- includes a statement of reasons for the decision
- will be posted on Development.i at the appropriate time.
Conditions of approval
Most development approvals have conditions. The conditions set out the circumstances in which the approved development may proceed.
Conditions usually have two parts:
- condition
- timeframe for the condition to be met.
The approval conditions are publicly available. They set the community expectations on the delivery of the development.
Legal effect
The development approval conditions bind every individual and company who undertakes any work or carries out any use under the development approval.
It’s an offence to:
- fail to comply with a development condition
- breach a development condition.
The development approval and conditions stay with the land, regardless of a change in ownership.
Consequences of breaching conditions
You must meet all required conditions of your development approval. If you fail to meet these conditions, you risk having an unlawful development.
Council investigates possible development approval breaches. If we find unlawful development has occurred, consequences include:
- fines
- court actions
- a further development application being required to receive approval
- ceasing use of the premises.
This can be a costly and time-consuming process.
Negotiating amendments to conditions and ICNs
You can negotiate your development approval conditions or ICN. This must be done within 20 business days of receiving the notice.
Council may agree to change the approval conditions or ICN through a negotiated notice. You’ll be issued with amended conditions or an amended ICN, which will be publicly displayed on Development.i.
You’ll be given instructions on how to negotiate approval conditions or an ICN when you receive the notice from us.
Fulfillment of conditions
Many development approval conditions need further approval, certification or a letter from Council. These may include:
- Operational Works/Compliance Assessment
- Landscape design and landscape works certification
- Pre-start meeting confirmation email or letter
- On/off maintenance decision letter
- Environmental offset delivery
- Notice to Work on Council property
- Building over Council infrastructure
- Out of hours construction approval
- Application to carry out works on protected vegetation (NALL Permit).
For more information, call Council on 07 3403 8888.
Evidence of condition compliance
You’ll need to submit proof that you’ve complied with all the conditions of your development approval.
We keep any documentation you send us for our records and send you a confirmation receipt once we’ve received it.
A useful way to monitor and report on how you’re complying with your development approval conditions is to use an overall condition compliance matrix. It should outline all conditions relating to your development approval with:
- condition timing
- the proof of fulfilment (e.g. photos of completed works/certification)
- the current status of the condition (e.g. not yet commenced, works in progress, evidence submitted to Council for review, compliant).
This will enable both you and Council to actively track the status of your conditions.
How to submit evidence
To submit your evidence, complete the Compliance with Development Application conditions online form.
You can submit conditions for one development approval at a time.
As part of the lodgement, you’ll need to outline or submit the:
- development approval number the condition relates to
- relevant condition number/s the documentation is providing evidence for
- overall condition compliance matrix.
For help or more information, email Council.
Proactive investigations
Council regularly visits development sites to make sure development approval conditions are being met. If you're contacted, your Council records will be reviewed. You may also need to provide evidence of condition compliance.
For assistance and more about condition compliance, email Council.
Stage 6: Appeals
Applicants and certain community members can appeal a decision on a development application.
Types of appeal
There are 2 forms of appeal for development applications.
- Applicant appeals: These are regarding decisions made about your development application.
- Submitter appeals: These are regarding decisions made about publicly notified impact assessable applications or change applications. (Submitters can’t appeal the decision on code assessable applications.)
Applicant appeals
Applicants can appeal Council’s decision for reasons including:
- a refusal, or refusal in part, of your development application
- a matter stated in the development approval, including any condition
- a decision to give a preliminary approval when a development permit was applied for
- a deemed refusal
- against an ICN
- where an application has lapsed to revive the development approval.
You must appeal against a decision within 20 business days of the start of your appeal period. This time period starts the day a decision notice is given to you.
Submitter appeals
If you’re a valid submitter, you can appeal Council’s decision on an application for reasons including:
- the granting of a development decision
- a condition of, or lack of conditions, for a development approval
- the length of the currency period.
A submitter may only appeal:
- against the part of the development approval relating to impact assessable development
- a variation approval under section 43 of the Act.
Appeals database
The Planning and Environment Court maintains an appeals database. The Department of State Development, Manufacturing, Infrastructure and Planning makes this database publicly available on their website.
How to lodge an appeal
You must lodge your appeal with the Planning and Environment Court.
To lodge an appeal, a notice of appeal form must be completed and lodged with the accompanying fee.
Assistance
We recommend that you seek private legal advice when considering an appeal.
Council’s Legal Department, City Legal, is the contact for any party to an appeal.
After a development appeal has been received and reviewed, any mediation or Court appeal is coordinated by City Legal and the Appeals Team, Development Services.
Download the extract of the Act to learn more about your appeal rights.
For more support, call Council on 07 3403 8888. Ask to speak to the Development Services Appeals team.