Development Assessment

On 3 July 2017, the Planning Act 2016 came into effect. Council's Development Assessment processes and systems align with this framework for all applications received after this date. Please refer to this fact sheet for further details on the Development Assessment Process. 

Development is managed by the Planning Act 2016 and Council's Planning Schemes. In general terms, development is defined under various land uses, which have differing requirements depending on their location.

The State Assessment and Referral Agency (SARA) fast track framework is a streamlined referral and assessment process that allows for eligible triggers and aspects of development to be assessed and quickly decided by SARA. If a triggered aspect of development within your application qualifies for a fast track assessment, a reduced fee will apply to those triggers.

Please contact Council to discuss whether your development requires a Development Permit from the Development Assessment team as part of your planning process prior to construction commencing.

Planning advice

Please note that a clear and detailed understanding of the proposed development will assist us in the process of providing advice. 

For confirmation of existing approvals on your land, planning searches can be carried out (fees apply).

Planning advice in relation to proposed developments can be obtained from Council in several ways: 

By email

Send your enquiry through to mail@scenicrim.qld.gov.au with property details, description of the enquiry and your contact details to receive advice via phone call or email. This method is for general property enquiries (i.e. easements, building envelopes, zoning)

Please note: Council has suspended prelodgement and concept meeting services until further notice. This is due to a greater need to prioritise applications currently under assessment. Please contact Council if you have any further enquiries.

Applications for dwelling houses and Class 10 buildings and structures

In light of the adoption of the new Scenic Rim Planning Scheme 2020, Council have developed a fact sheet to clarify the nature of planning application required for proposals involving a Dwelling House and a Class 10 Building or Structure that cannot meet the setback requirements under section 9.3.5 Dwelling House Code.

Under the Building Act 1975 planning schemes can contain alternative provisions to the QDC requirements and these are summarised under the Planning Scheme, section 1.6 Building Work Regulated Under the Planning Scheme.  The below fact sheet contains a flowchart to assist in determining which type of application is required, the necessary forms, fees* and expected timeframes to assist you in submitting your application to Council. Please note, it does not apply to applications that trigger Impact Assessment under section 5.5 Categories of Development and Assessment - Material Change of Use.

*Please note, the stated fees are for 2019/2020 Financial Year and are likely to change for the 2020/2021 Financial Year

DOWNLOAD SETBACK APPLICATION PROCESS FACT SHEET

Have your say on a development application

A submission is a written objection or supporting comment about a development application, made by any interested member of the community (for example, a person, group or organisation) about a development application. For more information and tips on submissions, and how to make a 'properly made submission', view our Submission Fact Sheet.  You can also use our Development Assessment Submission Form template to ensure your submission is a 'properly made submission'.

Development application forms

Council now accepts applications via email (with the exception of Plan of Survey). Quick links to application forms can be found under the forms section of Council's website. 

Under s53(6) of the Planning Act 2016, any person may make a submission, being a written explanation supporting or opposing a development proposal, to Council during the public notification period of a Development Application. If the submission is considered properly made, it will grant the submitter appeal rights against any future decision made by Council.

A properly made submission can be lodged electronically or in hard copy. In order to be considered a properly made submission, the following requirements must be adhered to:

A written submission must:

• Be signed by each person making the submission (if electronic submission, the typed name will be considered an electronic signature);
• Be received during the notification period;
• State the name and residential or business address of each person who is making the submission;
• State the grounds of the submission and the facts and circumstances relied on in support of the grounds; and
• Be made to the Assessment Manager.

Please note: In accordance with the Planning Act 2016, if a submission has been made by two or more persons, only the principal submitter (the person identified as the contact person or if no person is identified, the submitter whose name first appears on the submission) will be acknowledged, receive a copy of the Decision Notice and will have potential appeal rights. This includes submissions by petition.

Infrastructure charges

As part of the Development Assessment process, your application may require Infrastructure Charges. Please follow this link for further information or phone 07 5540 5111 to speak with one of our Planners. 

DOWNLOAD THE INFRASTRUCTURE CHARGES REGISTER

Strata titles

Strata titling allows individual ownership of part of a property (called a "lot" and generally an apartment or townhouse), combined with shared ownership in the remainder (called 'Common Property' e.g. foyers, driveways, gardens) through a legal entity called the body corporate. 

In Queensland, the term strata title is associated with a Community Titles Scheme. A very common form of a Community Titles Scheme involves the creation of building format lots. These can only be established on existing structures as the boundary of the lots (known as building format lots) are defined by structural elements of the building (generally the centreline of all walls, floors and ceilings). A common example of this is a dual occupancy (however it is not an obligation for a dual occupancy development to establish a Community Titles Scheme).

When a Community Titles Scheme is creating standard format lots (the format type most people are familiar with) this requires approval for Reconfiguring a Lot (subdivision of land). A Community Titles Scheme may also create building format lots. A building format plan must create common property and at least two building format lots and they are exempt development under the planning legislation (so they do not trigger a town planning approval). In the latter case, Council's involvement is usually limited to granting consent to the Community Management Statement and the Survey Plan as Local Government Authority (not as a result of a planning approval).

We strongly encourage you to seek professional advice (from solicitors, town planners and / or surveyors) in relation to your strata title enquiry as this usually relies more heavily on legislation other than planning legislation.  The development you may be thinking of may still require a number of approvals (planning, building and plumbing) before it gets to the stage where a Community Titles Scheme can be established. The actions involved in implementing a particular "strata title" development may bring up a considerable number of scenarios and professionals in the field will be able to give you a clear understanding of what's involved and what to expect.

Plan of survey

Please be advised that the submission of survey plans for endorsement relating to development impacted by conditions imposed by the Department of Transport and Main Roads (included in SARA's Referral Agency's response) must be accompanied by a letter of compliance from the Department.

Any enquiries in relation to how to obtain a letter of compliance from the Department are to be directed to south.coast.idas@tmr.qld.gov.au.  The email must have in the subject heading ‘Compliance with Conditions for the Plan Sealing Process’.  Please also quote the DTMR's, SARA's and / or Scenic Rim Regional Council's reference number.

Please note that failure to provide the letter of compliance at the time of lodging a plan sealing request with Scenic Rim Regional Council may result in unnecessary delays to the processing of your request.

Telecommunications in New Developments

If you are a developer or owner-builder, there are important Commonwealth telecommunications rules you need to comply with. For more information please visit www.infrastructure.gov.au/tind