One of the first questions to ask when planning a property development is whether you actually need Council approval.
The answer depends on what you're proposing, where the property is located and the planning requirements that apply to the site.
Some development can proceed without a development application. Other proposals require approval from Brisbane City Council before they can proceed, and some may also require referral to a State Government agency.
Working this out early is important. You don't want to spend thousands of dollars preparing detailed plans only to discover that the approval pathway is very different from what you expected.
Does Every Development Need Brisbane City Council Approval?
No.
Not every building project or change to a property requires a development application to Brisbane City Council.
Some development can be undertaken without a planning approval where it satisfies the requirements applying to the property and proposed use.
However, this shouldn't be confused with not requiring any approvals at all.
A project that doesn't require a town planning development application may still require building approval, plumbing approval or another permit or consent.
The first step is therefore understanding exactly what you're proposing and which approval processes apply.
How Do I Know if My Development Needs Approval?
In Brisbane, the starting point is generally the Brisbane City Plan.
The planning scheme regulates development across the city and identifies how different types of development are assessed.
When reviewing a property, some of the key things to consider include:
the property's zoning;
the proposed land use;
applicable neighbourhood plans;
overlays affecting the site;
the scale of the development;
whether the proposal meets relevant planning requirements; and
whether another level of government has an interest in the development.
The answer isn't always obvious from looking at the zoning alone.
Two properties in the same zone can have different approval requirements because of overlays, neighbourhood plans or the particular development being proposed.
What Is Accepted Development?
Some development is identified as accepted development.
In general terms, this means a development application isn't required under the planning scheme for that aspect of the proposal.
There may still be requirements that the development needs to satisfy, and other approvals may still be necessary.
This is why it's important to distinguish between planning approval and the other approvals involved in actually constructing or establishing a development.
What Is Code Assessable Development?
If a proposal is code assessable, a development application is required.
Council assesses the proposal against the relevant planning requirements, or codes, that apply to the development.
Depending on the project, these may deal with matters such as:
building height and setbacks;
site cover;
density;
car parking and access;
landscaping;
stormwater;
waste collection;
environmental matters; and
the design and operation of the proposed use.
A town planner will generally identify the applicable codes and assess the proposal against them as part of preparing the development application.
Code assessable development generally doesn't require public notification.
What Is Impact Assessable Development?
Impact assessment is a broader development assessment process.
An impact assessable application requires public notification, which gives members of the public an opportunity to make submissions about the proposal.
The assessment process can also involve consideration of broader planning matters beyond the specific assessment benchmarks that apply to a code assessable application.
Impact assessment doesn't mean that a development cannot be approved. It does, however, generally mean a more involved application and assessment process.
Understanding whether a proposal is code or impact assessable is therefore an important part of the early planning review.
What Types of Development Commonly Need Planning Approval?
Whether approval is required always depends on the individual property and proposal, but town planning advice is commonly sought for projects involving:
subdivision or boundary changes;
townhouses and multiple dwellings;
rooming accommodation;
commercial and industrial uses;
changes to an existing land use;
developments that don't meet particular planning requirements;
development affected by certain overlays; and
more complex changes or extensions to existing development.
Some smaller projects may also trigger a development application because of a particular characteristic of the property.
It's therefore better to check the site than assume that a project is too small to require approval.
Does a House Need Council Planning Approval in Brisbane?
A conventional dwelling house may not require a town planning development application where it satisfies the relevant requirements.
However, there are circumstances where additional planning assessment can be triggered.
The property may be affected by an overlay, neighbourhood plan or another planning provision that introduces additional requirements. The proposed house may also depart from a requirement that would otherwise allow it to proceed without a planning application.
This is particularly relevant for properties with unusual constraints or where a non-standard design is proposed.
Again, even where a planning application isn't required, building approval will generally be a separate consideration.
Do I Need Approval to Subdivide My Property?
Subdivision generally requires development approval.
In Queensland planning terminology, subdivision falls within Reconfiguring a Lot, often shortened to RAL.
A subdivision application can involve much more than drawing a new boundary on a plan.
Council may need to consider lot size, frontage, access, stormwater, servicing and whether the proposed lots provide suitable areas for future development.
If you're considering subdivision, it's worth checking the planning requirements before commissioning detailed survey and engineering work.
What if My Development Doesn't Meet a Planning Requirement?
This is where the answer becomes more project-specific.
Not meeting a particular requirement doesn't automatically mean that the development will be refused.
Depending on the relevant provision, there may be an opportunity to demonstrate that the proposal achieves the intended planning outcome in another way.
The significance of a variation can also differ considerably. A relatively minor departure from one requirement is very different from a proposal that conflicts with the fundamental planning intent for an area.
A town planner can review the non-compliance and advise whether there appears to be a reasonable pathway forward or whether redesigning the proposal would be the better approach.
Can the State Government Also Be Involved?
Yes.
Some development applications require referral to a State Government agency because of the location or nature of the development.
This can occur where a property is affected by matters such as State-controlled roads, railways, certain environmental matters or other State interests.
A State referral can introduce additional assessment requirements and fees, so it's worth identifying potential referral triggers early in the project.
Should I Check the Approval Requirements Before Preparing Plans?
Ideally, yes.
For many development projects, a sensible order is to first establish:
What can potentially be developed on the property?
Then:
What approvals are required?
And only then:
What plans and specialist reports do we need to prepare the application?
There will always be some overlap between planning and design, but identifying the basic approval pathway early can prevent unnecessary work.
What Happens if I Need a Development Application?
If a development application is required, the next step is usually to determine the information and plans needed to support it.
Depending on the proposal, the project team might include a town planner, land surveyor, building designer or architect, civil engineer and other specialist consultants.
The application is then prepared and lodged with the relevant assessment manager, which for many Brisbane developments will be Brisbane City Council.
Council assesses the proposal and may request further information before making its decision.
Not Sure Whether Your Brisbane Development Needs Council Approval?
If you're considering a development and aren't sure whether a development application is required, Brisbane Town Planners and Project Management can review the property and proposed development and help identify the applicable approval pathway.
Finding this out early can help you understand what is involved, what consultants may be required and whether it's worth progressing further with the project.