Navigating the planning approval process in Brisbane can be a daunting task for homeowners embarking on a construction project. Whether you’re planning a home renovation, an extension, or building a new house, understanding the ins and outs of the Brisbane City Council’s approval procedures is crucial. This article will guide you through the various types of development applications, pre-lodgement services, assessment procedures, and post-approval considerations, helping you streamline your journey through the planning approval maze.
Types of Development Applications
The Brisbane City Council categorises development applications into three main types, each with its own assessment process and requirements:
Code Assessable Development
Code assessable developments are those that comply with the pre-determined assessment benchmarks set out in the Brisbane City Plan 2014. These applications are typically straightforward and do not require public notification. Examples include minor building works or small-scale residential developments that meet all the relevant codes.
Impact Assessable Development
Impact assessable developments are those that may have a significant impact on the surrounding area or do not fully comply with the City Plan. These applications require a more rigorous assessment process, including public notification, allowing community members to provide feedback on the proposed development.
Accepted Development
Accepted developments are those that do not require a development application, provided they meet specific criteria outlined in the City Plan. These might include minor renovations or small structures that comply with all relevant codes and standards.
Pre-lodgement Consultation Services
Brisbane City Council offers several pre-lodgement services to help homeowners and developers streamline their application process:
RiskSMART Pre-lodgement Meetings
These meetings allow applicants to discuss their proposed development with Council officers before submitting a formal application. This service can help identify potential issues early and provide guidance on how to address them, potentially saving time and money in the long run.
FastTrack5 Assessment Process
For eligible low-risk applications, the FastTrack5 process offers a quicker assessment timeframe of just five business days. This streamlined approach is ideal for homeowners with straightforward development proposals that meet all the necessary criteria.
Lodgement and Assessment Procedures
Once you’re ready to submit your application, the Brisbane City Council offers various lodgement options and assessment procedures:
Online Lodgement through eLodgement
The Council’s eLodgement system allows you to submit your application and supporting documents online, making the process more convenient and efficient. This digital platform also enables you to track the progress of your application throughout the assessment process.
Information Request Period and Response Timeframes
After lodgement, the Council may issue an information request if they require additional details or clarification about your application. It’s crucial to respond to these requests promptly and thoroughly within the specified timeframe to avoid delays in the assessment process.
Public Notification Requirements for Impact Assessable Development
For impact assessable developments, you’ll need to undertake a public notification process. This involves displaying a notice on the property, publishing a notice in the local newspaper, and notifying adjoining property owners. The community then has the opportunity to make submissions about the proposed development.
Decision Making Process
Understanding how decisions are made can help you prepare a stronger application and navigate any potential hurdles:
Assessment Benchmarks and Compliance with Brisbane City Plan 2014
Your application will be assessed against the relevant benchmarks outlined in the Brisbane City Plan 2014. These benchmarks cover various aspects such as building height, setbacks, and design requirements. Ensuring your proposal aligns with these standards can increase the likelihood of approval.
Referral Agencies and Their Role in the Approval Process
Some applications may need to be referred to other government agencies for assessment, depending on the nature and location of the development. These referral agencies provide input on specific aspects of the proposal, which the Council must consider in their decision-making process.
Appealing Decisions through the Planning and Environment Court
If you’re unsatisfied with the Council’s decision on your application, you have the right to appeal to the Planning and Environment Court. However, it’s important to note that this process can be time-consuming and costly, so it’s often best to work closely with the Council throughout the application process to address any concerns early on.
Post-Approval Considerations
Once you’ve secured approval for your development, there are still some important factors to keep in mind:
Negotiated Decision Notices
If you’re not entirely satisfied with the conditions of your approval, you can apply for a negotiated decision notice. This process allows you to discuss and potentially modify certain conditions with the Council, provided the changes don’t substantially alter the approved development.
Changing or Cancelling Development Approvals
Sometimes, circumstances change, and you may need to modify or cancel your approved development. The Council has processes in place for these situations, but it’s important to seek advice before making any significant changes to ensure you remain compliant with your approval.
Lapsing and Extension of Currency Periods
Development approvals have a currency period, typically four years, during which you must commence the approved work. If you’re unable to start within this timeframe, you can apply for an extension. It’s crucial to keep track of these dates to avoid your approval lapsing.
Expert Guidance for a Smooth Approval Process
Navigating the planning approval process in Brisbane can be complex, but with the right knowledge and support, homeowners can successfully manage their development projects. Remember, each application is unique, and seeking professional advice can often save time, money, and stress in the long run.
As a solicitor and construction lawyer with more than 10 years of experience in construction law, I regularly review and advise homeowners regarding their contractual and legal rights. I represent homeowners of QLD, Australia, as well as all courts of competent jurisdiction. I have advised them on their contract rights, risks, and obligations, and have negotiated and amended contracts to reflect their intentions. If you’re embarking on a construction project in Brisbane and need expert guidance through the planning approval process, don’t hesitate to reach out for professional assistance to ensure your project gets off to the best possible start.
