On this page you will find information about:
How applications are assessed
Types of development
The application process
How applications are assessed
Each council has its own development plan containing the planning policies that apply to that area. Applications for development plan consent and land division consent are assessed against the development plan.
The policies which the application is assessed against include:
- council wide – ie applying across the entire council area
- specific to a zone
- specific to a sub-area within a zone – ie policy area or precinct.
Council planning officers are professionals with qualifications in planning and trained in development assessment. They use the development plan and its policies to assess applications. This assessment also considers the provisions of the Development Act 1993 and the Development Regulations 2008.
Applications for building consent are assessed against the Building Code of Australia. Assessment of building applications can be undertaken by a council building officer or by a private certifier.
[top of page]
Types of development
Developments are classified in one of three ways:
- complying
- non-complying
- merit.
Complying
A complying development is one which matches those listed in the development plan or specified in the Development Regulations 2008 as complying. Complying development is considered to have a low level of impact on the surrounding area and a planning authority cannot withhold approval for complying developments.
If a proposed development meets all but one of the criteria necessary for the development to comply, that one aspect will be assessed on merit. All other aspects consistent with the complying criteria are regarded accordingly.
Non-complying development
Non-complying developments are listed in the development plan. These are land uses which are not envisaged or encouraged within a particular area because they are inconsistent with the objectives and principles of a zone or policy area - eg an industrial development in a residential zone or a high-rise building in a heritage policy area. Non-complying development is not usually approved unless there are special circumstances.
An application can be made to council for a non-complying development if the applicant believes it has significant merit. Applicants should get advice from the local council before proceeding.
Merit
Merit development is a development that is not categorised as either complying nor non-complying in the development plan,
Development Act 1993 and
Development Regulations 2008. Proposals are individually assessed on their merits having regard to the policies in the development plan.
[top of page]
The application process
An application for development approval is generally made to the local council for the area in which the development is to be undertaken. However, in some cases, the Development Assessment Commission is the authority instead of the council.
Before a proposed development can be approved, a number of matters must be considered and the relevant consents obtained. These include:
- Assessment against the provisions of the development plan–development plan consent is needed from the local council (or in some cases the Development Assessment Commission)
- Assessment against the provisions of the building rules–building rules consent is needed from either the local council or a private certifier (see obtaining a building rules consent)
- Assessment to ensure that a proposed division of land meets all prescribed requirements–a certificate is needed from the Development Assessment Commission.
When these matters have been considered and the relevant consents obtained, the council must issue a development approval.
Applications for development plan consent and building rules consent follow different paths and are assessed by different council staff members. Generally the more complicated the development, the more complicated the assessment process.
Land division
Land division applications are lodged with the Development Assessment Commission. For applications where the council is the relevant authority, lodgement for assessment takes place with them.
Development applications
The stages to assess a development application requiring development plan consent and building rules consent are:
- lodgement of development plan consent application
- the planning authority may ask for more information
- referrals to state agencies
- public notification
- planning assessment
- planning decision
- appeals
- lodgement of building rules consent
- building rules assessment
- building rules decision
- development approval
- appeals.
Referrals, public notification and appeals will not be relevant for some types of development.
Assessment times
Assessment times will vary depending on the form of development proposed. More complex applications may require referrals and/or public notification which will take additional time. Poor quality or inaccurate applications may take longer to assess.
Statutory time limits
Application type | Time limit |
Planning assessment (Development Plan Consent) | Complying applications – two weeks Merit applications – eight weeks |
Building assessment (Building Rules Consent) | four weeks |
Land division | 12 weeks |
If referrals are required the statutory time limits increase by between six to ten weeks depending on the agency.
These time frames can be suspended if more information needs to be provided to council or a referral agency. Generally 12 weeks is granted for the additional information to be provided. The assessment is put on hold and recommences when the required information is received.
[top of page]
More information
On this site
About building and development
Submitting development applications
Getting approval to build
Downloads
What is planning Fact Sheet (PDF 989KB)
Development applications guide to applicants (PDF 68KB)
For an alternative version of these documents see planning contacts.