Do I need a planning approval?

A Planning Approval (a development permit) is needed if a development for a “material change of use of premises” (e.g. commence or intensify a use of a premises) or “reconfiguring a lot” (e.g. subdivision, boundary realignments or access easements) or “carrying out operational works” (earthworks, advertising devices or works on public infrastructure) is categorised as any of the following:

• Accepted development that is not complying with acceptable benchmarks of applicable codes;
• code assessable development; and
• impact assessable development.

A quick indication of which category of development applies to a particular type of development can be determined by having regard to Part 5 - Tables of Assessment within the planning scheme.

However, to accurately determine which category of development applies to a particular type of development, it is necessary to have regard to:

• schedule 9 (prohibited development) of the Planning Regulation 2017 (the Regulation);
• schedule 8 (accepted development) of the Regulation;
• section 45 of the Planning Act 2016;
• any applicable State planning regulatory provisions;
• the planning scheme;
• any applicable temporary local planning instruments; and
• variation requests, formerly known as preliminary approvals that affect a planning scheme under section 61 of the Planning Act

Apply for a planning application

If a particular type of development requires a Planning Approval, then a development application is required to be lodged, assessed and decided by the local government.

Each development application must be properly made, that is, it must:

• be made to the assessment manager, usually the local government;
• be in the approved form and electronically lodged at either info@whitsundayrc.qld.gov.au or development.assessment@whitsundayrc.qld.gov.au;
• be accompanied by any mandatory supporting information specified on the approved form;
• be accompanied by the required fee;
• include the owner’s consent if required under section 51 of the Planning Act.

To determine the required fee, it is necessary to have regard to Council’s Schedule of Fees and Charges.

Generally, owner’s consent is required for development involving either a material change of use of premises or reconfiguring a lot.

Assessing a development application involves the following stages:

1.  application stage
2.  information and referral stage
3.  notification stage (impact assessable development only)
4.  decision stage
5.  compliance stage.

Typically, the assessment of a development application can take 10 business days for small-scale developments (e.g. building setback relaxation) to more than 12 months for complex developments.

See below approved forms under the Planning Act:

• DA Form 1 - Development applications details
• DA Form 2 - Building work details
• Planning Act Form 5 - Change application form

Comment on a development application

Anyone can make a submission on a development application involving impact assessable development. 

In order to be able to appeal the decision on the development application in the Planning and Environment Court, each submission must be properly made, that is, it must:

• be made to the assessment manager, usually the local government, before the end of the public notification period
• be written (or typed) and signed by each person who made the submission
• state the name and residential or business address of each person who made the submission
• state the grounds of the submission and the facts and circumstances relied on in support of the grounds

A person who made the submission may, by written notice, amend the submission during the notification period; or withdraw the submission at any time before a decision about the application is made.

Current Development applications (from 2015), can be viewed through the Applications Portal.

Generally in Accordance Requests

 A generally in accordance request is confirmation that a change made to a development approval still accords with the existing development approval.