Development Applications

Public Notification and submissions.

For Impact Assessable Developments the applicant must:

• Publish a notice in a newspaper circulating in the locality of the proposed development.
• Place a notice on the site of application.
• Give notice to all the adjoining land owners

All notices must be in the approved form. The public notification period for an application must be carried out for no less than 15 business days.

How should a submission be made?

Submissions must be in writing and should relate directly to the use proposed and its possible impact on surrounding property or the locality. Council staff can assist you when viewing the application and can answer questions on specific technical issues. However staff are not in a position to comment on the merits of the proposal at notification stage nor is it appropriate that they assist you in formulating your objection or approval.

A signed letter is acceptable. However, State legislation states that only a ‘properly made submission’ will have third party appeal rights. A ‘properly made submission’ must:

• Be in written form (dot point is acceptable).
• State clearly your objections to, or support for the proposed development.
• Be made to Burdekin Shire Council (the Assessment Manager).
• Be received during the notification period.
• State the name, address and be signed by each person who made the submission (Planning Act 2016).

For further information regarding the public notification process and your rights as a submitter, please visit the Queensland Government's website.

Submissions are not confidential

Submissions are NOT confidential. State legislation requires Council to keep copies of submissions available for inspection and purchase by members of the public until such time as the application is finalised. Council is also required to publish the submission on Council's website.

Council has made the decision to continue to publish submissions on Council’s website, even after the application has been finalised. Submissions may also be viewed at a later date as part of a right to information request response.

Names, addresses and email addresses for each submission will be attached to the decision notice for the application. This will be given to the applicant, and published on Council’s website.

Under The Planning Act 2016 (PA) it is mandatory that applicants provide certain information when lodging a development application. The application forms must be current and properly completed in order to make the application. They contain mandatory (required by PA) and supporting sections and provide Council with information necessary to undertake assessment of the application. The forms are available from the State government website and are periodically updated. DA forms change from time to time, however PA requires the “current form” to be submitted with all applications, otherwise the application is invalid.

Types of Development Applications

Coucil can assess three different types of development applications, these include:

Material change of use of premises

Types of material change of use application include:

• The start of a new use of the premises
• The re-establishment on the premises of a use that has been abandoned.
• Increasing the scale and/or intensity of an existing use.

Reconfiguration of a lot

Types of reconfiguration applications include:

• Creating lots by subdividing another lot.
• Amalgamating two or more lots.
• Rearranging the boundaries of a lot.
• Dividing land into parts by agreement (other than a lease for a term, including renewal options, not exceeding 10 years) rendering different parts of a lot immediately available for separate disposition or separate occupation.
• Creating an easement giving access to a lot from a constructed road.

Operational works

Operational works include:

• Filling or excavating
• Operational work for reconfiguring a lot
• Construction of a carpark
• Roadworks relocating Council infrastructure
• Stormwater drainage works
• Replacing an advertising device on premises

Please note - development can be made assessable by The Planning Act 2016 or a Planning Scheme. Categories of development include:

• prohibited;
• accepted, including accepted subject to requirements; and
• assessable development - code or impact.

Requirements of a properly-made development application

• All applications must contain the written consent of the land owner prior to the lodgement of the application.
• A proposal report describing how the proposed development achieves the compliance with each of the Performance Criteria of each of the relevant Planning Scheme Codes triggered.
• Supporting information and plans, including identifying what is existing development and what is proposed development. Elements of good plans include:
  • a north point.
  • a scale (generally 1:100 or 1:200).
  • a title of the plan.
  • a date the plan was prepared.
  • the author of the plan.
  • all structures on the site, including buildings, water lines or bores, sewer lines or effluent trenches etc.

What to include in the application

A development application must be made in the appropriate manner prescribed by The Planning Act 2016 (PA). Development applications must include:

• One (1) copy of the relevant application form - click here to access forms
• Two (2) copies of the plans and supporting information (eg. reports) and include at least one (1) A3 copy of the plans.
• An unlocked CD/USB containing all plans and supporting information as individual PDF documents.
• The appropriate application fee.

Fees

Please refer to the fees and charges below for current application pricing.