QLD development assessment (Planning Act 2016)
QLD Planning Act 2016 + Development Assessment Rules govern development.
Who must comply
Any person who carries out development (building, plumbing, drainage or operational work, reconfiguring a lot, or a material change of use of premises) or uses premises in Queensland, including owners, developers, builders and businesses occupying premises. An approval binds the owner, the owner's successors in title and any occupier of the premises.
What triggers it
Proposing development that a categorising instrument makes assessable, or a use of premises that is not a lawful use; prohibited development cannot be applied for at all.
When due
Before assessable development starts, all necessary development permits must be in effect (s 163). Conditions of the approval must be complied with for as long as they apply, and the use of premises must remain lawful.
Evidence required
Category check against the planning scheme and other categorising instruments; development application, referral agency responses and decision notice; development permits and approved plans; evidence of compliance with each development condition; records supporting any exemption certificate (s 46) relied on.
Max penalty
Carrying out assessable development without a development permit: up to 4,500 penalty units, or 17,000 penalty units on a Queensland or local heritage place (s 163). Carrying out prohibited development (s 162), contravening a development approval (s 164) or unlawfully using premises (s 165): up to 4,500 penalty units. Enforcement authorities can also issue show cause notices and enforcement notices (ss 167 to 168)
Summary
The Planning Act 2016 (Qld) sorts all development into three categories (s 44): accepted development, which needs no development approval; assessable development, which needs a development approval; and prohibited development, for which no application may be made. A categorising instrument such as a local planning scheme or the regulation decides the category, and development it does not categorise is accepted. Assessable development is assessed either by code assessment, against the stated assessment benchmarks, or by impact assessment (s 45). Applications are made to the assessment manager prescribed by regulation (s 48) and may be referred to referral agencies, with the process governed by the Development Assessment Rules (Part 4). A development approval attaches to the premises (s 73). Chapter 5 makes it an offence to carry out assessable development without a permit, to breach an approval, or to use premises unlawfully.
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Frequently asked questions
- Who must comply with QLD development assessment (Planning Act 2016)?
- Any person who carries out development (building, plumbing, drainage or operational work, reconfiguring a lot, or a material change of use of premises) or uses premises in Queensland, including owners, developers, builders and businesses occupying premises. An approval binds the owner, the owner's successors in title and any occupier of the premises.
- What triggers QLD development assessment (Planning Act 2016)?
- Proposing development that a categorising instrument makes assessable, or a use of premises that is not a lawful use; prohibited development cannot be applied for at all.
- When is QLD development assessment (Planning Act 2016) due?
- Before assessable development starts, all necessary development permits must be in effect (s 163). Conditions of the approval must be complied with for as long as they apply, and the use of premises must remain lawful.
- What is the maximum penalty for QLD development assessment (Planning Act 2016)?
- Carrying out assessable development without a development permit: up to 4,500 penalty units, or 17,000 penalty units on a Queensland or local heritage place (s 163). Carrying out prohibited development (s 162), contravening a development approval (s 164) or unlawfully using premises (s 165): up to 4,500 penalty units. Enforcement authorities can also issue show cause notices and enforcement notices (ss 167 to 168)
- What evidence is required for QLD development assessment (Planning Act 2016)?
- Category check against the planning scheme and other categorising instruments; development application, referral agency responses and decision notice; development permits and approved plans; evidence of compliance with each development condition; records supporting any exemption certificate (s 46) relied on.
Source: https://www.legislation.qld.gov.au/view/html/inforce/current/act-2016-025. Rules Mate is not a law firm. Always verify against the live regulator source before acting.