Buying or modifying a character or heritage home in Brisbane? Here is what you need to know about planning approval! (Can apply to other Councils in Queensland)

There’s no other way to put it – Planning Schemes are huge. They’re filled with jargon and have an immense number of codes to consider. Queensland LGA Planning Scheme codes are the regulations that your development must adhere to, to be approved by your local Council. The codes are a critical part of what ensures the vision for the community’s harmony, aesthetic, and growth is achieved. Addressing the planning scheme with precision is critical. Let’s take a step-by-step approach and dissect a planning scheme. Understanding QLD Planning Schemes If you ever have the opportunity to look at planning schemes from multiple Councils, you’ll see that the design and structure of them are almost identical. This is because it’s a structure set by the State. It’s the content that differs from Council to Council depending on what suits their communities. Here is the breakdown of an average QLD Planning Scheme: 1. Community Statement – this section describes the region and often it will also describe the vision for the region. 2. About the Planning Scheme – this is an important chapter to read if you are unfamiliar with planning schemes because it outlines how to understand it. 3. State Planning Provisions – this section outlines how the Planning Scheme meets State planning policies (because they must be incorporated into the codes etc). 4. Strategic Framework – this section forms the basis for how appropriate development should occur and what the detailed vision and goals for the region are. You will need to address this if your development requires an Impact level assessment. 5. Local Government Infrastructure Plan (LGIP) – this section outlines plans for future infrastructure expectation and growth (water, sewerage, parks etc). 6. Tables of Assessment – this section determines whether your development type is an accepted development, code assessable, impact assessable or prohibited. 7. Zone Codes – these are the codes applicable to each zone in the Local Government Area (e.g. low-density residential zone, centre zone, rural zone, high impact industry zone). 8. Overlay Codes – these codes must be addressed if they impact your property and often include bushfire hazard overlay, flood hazard overlay, biodiversity overlay and airport environs overlay. 9. Development Codes – these cover any other aspects of the development such as use, earthworks, landscaping, parking and access, and services. 10. Schedules – these are incredibly useful attachments to the planning scheme that include definitions and mapping 11. Appendices – these are additional attachments that include a jargon glossary and table of amendments Interpreting a QLD Planning Scheme Sometimes processing what you’re looking at can be overwhelming but there are actually really good guides built into the planning scheme to understand what the point of it is, what you need to achieve, and how you do that. 1. Read the Purpose Statements – each code has a section at the beginning that discusses the purpose of the code, which provide valuable context to help interpret the codes and how to mould your code responses 2. How the Codes are Structured – When looking at the codes, you’ll see Performance Outcome (PO) and Acceptable Outcome (AO): Performance Outcome (PO) – the overall expectation of the code Acceptable Outcome (AO) – How this overall expectation MUST be achieved, although alternative solutions can be proposed 3. Apply a Holistic Approach – It’s obviously quite important to meet codes, however looking at the planning scheme as a whole can help when proposing alternate solutions. Does this alternate solution achieve the purposes, needs, and visions of the planning scheme? 4. Be Familiar with Definitions – never assume the meaning of any jargon. It’s important to check the definitions and glossary to ensure your understanding and application are accurate. 5. Identify Your Codes – when pulling together a Development Application Report, start the process by identifying your relevant codes. Check the maps to determine which zone and overlay codes impact your property, then use the Table of Assessment to determine which other codes (development, use etc) are required. Starting with this helps give your application (and development specifics) direction. 6. Pre-lodgement Meetings and Council Advice – this is a useful resource when understanding the codes and how they impact your development. You can also get an idea of the likelihood your development will be approved. Note – there are limitations to the assistance you can receive. Complex applications or developers not understanding the codes may be referred to a private town planner to complete the application.

Writing and piecing together a development application in Queensland is a big process and often challenging, even for a seasoned professional. We’d like to make that process easier for you , by outlining what not to do in your Queensland development application. 1. Getting The Assessment Level Wrong There is one part of a Queensland development application guaranteed to create major issues with your assessment – getting your development’s assessment level right. Assessment Levels assess the extent of you development’s impacts – to what degree does it fit the zone? Each assessment level is a step up in effort and information required, which is why getting it wrong can make such a mess. The assessment levels are: Accepted – in general, whilst this doesn’t require an application at all, you will still need to check the zone code to ensure you move forward with your development to meet the legislation. Code – this will require an application to council with responses to each applicable code in relation to the development. Whilst your type of development suits the zone, when you break it down into tiny pieces, does it comply? Impact – Your development might fit the zone but needs some convincing. Your development is on a precipice. The Council can be convinced that you can fit in the zone, but making a poor case can result in denial. This requires an application and public notification. Prohibited – your development type is identified as not fitting the zone and Council will not give it consideration. Your best bet is to have a pre-lodgement meeting with Council to strategise ways to move it from prohibited to impact. Want to avoid incorrect assessment levels and starting over with your application? Hire a Queensland town planner to get it right the first time. 2. Not Truly Understanding Your Site How well do you understand your site and its constraints? Your development site can be impacted by zone codes, overlay code, neighbourhood codes, development codes, and use codes. Here is what to check for BEFORE investing in the site or getting too deep into planning: Zone Codes – these codes ultimately deem whether your development is suitable or likely to be acceptable within its zone (e.g. medium residential zone, industry zone, centre zone, rural zone). Overlay Codes – these codes (and their mapping) identify areas of your lot impacted by natural hazards, biodiversity regulations, and infrastructure and transport requirements. Sometimes you can plan your development to meet these codes, but sometimes you simply can’t develop in that impacted space at all. Neighbourhood Codes – these function similarly to zone codes (and must be addressed as well as the zone code), but they break up large areas so that legislation addresses the uniqueness of each area. Development Codes – these determine whether development meets specific legislation regarding aspects like building specifications, landscaping, and site layout. The good news is – at least you know how to adjust your plans to improve approval chances! Use Codes – these codes set out legislation regarding specific uses such as childcare, short-term accommodation, retail, and food & drink outlets. They are similar in usefulness as development codes – their specifics can strengthen rather than hinder your development project. A few common, specific site issues to look out for are: Whether legislated minimum lot sizes will suit your planned subdivision Whether you’re allowed to clear vegetation Whether bushfire or flood hazard levels allow for development Whether your council supports specific unique or contentious development types (some don’t favour air bnb or mass food-chains, for instance) 

Are you considering developing your property in Brisbane? Whether you're planning a minor renovation, subdividing your land, or embarking on a major development project, navigating the planning approval process can be complex. Here are ten crucial factors to consider before starting your development journey. 1. Brisbane City Plan 2014 Understanding how your property is zoned under the Brisbane City Plan 2014 is essential. This planning scheme is the legislation that determines what types of developments are permitted, the building height limits, setbacks, and other requirements. The various Zones , such as Medium Density Residential, Business Centre, and Industry Zones, have different requirements and limitations, so checking your property's zoning should be your first step. Brisbane's planning scheme includes numerous overlays that might affect your property. These could include heritage protections, flood hazard areas, biodiversity areas, or bushfire risk zones. Local plans are a common feature and may also apply additional requirements specific to your neighbourhood. Check all relevant overlays and local plans as they can significantly impact what you can build. 2. Development Categories Your project will fall into one of several development categories: Accepted development Accepted development subject to requirements Code assessable development Impact assessable development Understanding which category applies to your project is crucial as it determines the approval process and level of assessment required. Accepted Development means that the development is immediately accepted and does not require a formal application, however, if it is subject to requirements then you do need to check your development against the prescribed codes to ensure there are no legal issues down the track. Code Assessable indicates that the development is must be assessed by the Council against all relevant codes. This will require a formal application addressing all codes. Impact Assessable indicates the development may have negative impacts on the zone or surrounding sensitive uses and so requires a formal application addressing all codes as well as public notification of intent to develop.

With workers having made the gradual switch back to working in the office, the population experiencing a post-covid spike, and many parents opting to return to work, childcare centres are filled to the brim. The result is an urgent demand for more childcare centres within most Queensland communities. ABS data shows a spike in population growth across Australia during late 2021 and early 2022. Whilst the growth rate is gradually settling back to pre-covid levels, childcare centres and communities are still dealing with the boom . Planning Approval Group have been assisting childcare centres to obtain planning approvals over the past few years, providing an insightful and experienced service to all childcare providers. Defining Childcare Centre The majority of Planning Schemes (for instance, Brisbane City Council and Southern Downs Regional Council ), if not all, define a Childcare Centre (or Child Care Centre) as: “Childcare centre means the use of premises for the care, education and minding, but not residence, of children.” Childcare Centres can include: Before or After School Care Crèche Early Childhood Centre Kindergarten Vacation Care Childcare Centres do not include: Educational Establishment Home-Based Child Care Family Day Care A home-based childcare or family day care arrangement will likely be considered a home-based business, however check with your local council’s planning scheme. Note: Be sure to check the definitions of your local Council planning scheme, in case there are any differences. Need help? We can carry out a Development Potential Health Check to give you the essential information and point you in the right direction.

Subdivision, or Reconfiguring a Lot, can be a daunting task for any developer. Whether it be splitting a rural property between siblings or developing a whole new pocket of suburbia, there are vital things that you need to know to make this development journey smoother. Let’s break down subdivision development. Defining Subdivision When people think of subdivision, they tend to immediately think of new suburban developments and mass land releases. This is true, with subdivision not only being the creation of residential developments, but also commercial precincts and industrial parks. However, subdivision isn’t limited to such large-scale development. Another common application is the division of one lot into two or three – for instance a rural lot being formally split between owners. In fact, in many planning schemes you may find it hard to research subdivision, with very little reference to it. This is because the common planning term for this activity is Reconfiguring a Lot. Why not just call it subdivision? Well, the activity isn’t limited to dividing up larger lots of land into smaller ones. It can also include rearranging or merging of existing lot boundaries. 

Cattle plays a massive part of Queensland's agricultural industry and economy. With the need for cattle feedlots growing, Planning Approval Group have obtained approvals for numerous feedlot projects across Queensland. Need feedlot approval? Here is what you need to know. Feedlots and Environmental Approvals When submitting a feedlot development application for approval, it can be a little more time consuming than many people anticipate. Where a lot of development applications may only deal with local Council, approval for a cattle feedlot can involve meeting legislative requirements of multiple State Government agencies. One prime example is an Environmental Authority (EA) . Cattle Feedlots exceeding 150 standard cattle units (SCU) are considered an Environmentally Relevant Activity (ERA) under the Environmental Protection Regulation 2019 and so require an Environmental Authority approved by the Department of Agriculture and Fisheries (DAF). In addition, many farms are situated along state-controlled roads and railway corridors, others may have threatened species of flora or fauna, and some may have critical wetlands and waterways. These, and others, can require submissions of applications with the State Assessment and Referral Agency (SARA) . This is why it is recommended that a town planner be hired to carry out the application process. WPG have the connections, knowledge, and experience to know exactly what needs to be addressed and how best to address it.

A development application can often take two months or more to achieve approval – ever wished you could cut that time right down? If you are developing within the Brisbane City Council local government area, you could be eligible for their ultimate time saver - RiskSMART! What is RiskSMART? RiskSMART is the fast-tracking development approval process in Brisbane City Council that focusses on development projects that are considered low risk and easily assessable. To be considered Low Risk and RiskSMART suitable you must: Be Code assessable (the development suits the zone); Comply with the eligible development type criteria; Comply with City Plan 2014; Meets the ‘Well Made Checklist’ Criteria; Utilise the RiskSMART planning report template; and Have fees paid in full. How Long Does RiskSMART Approval Take? Whilst a standard development would usually take approximately 2 months or more, depending on compliance and requirements, a RiskSMART application will be assessed within 10 business days from the date Council accepts the lodgement as ‘properly made’ . All Councils require development applications be properly made. Once the application is lodged, before it can be assessed, the Council will check that all required documentation is provided and correctly completed. Once this has been determined, a confirmation notice is issued and the assessment period begins. Standard confirmation periods are up to 5 business days. What Is the RiskSMART Eligibility Criteria? Whilst the specifics are dependent on the development itself, the base eligibility criteria are laid out in the table below: 

Having a sign is part and parcel with owning a business. It’s not only a proud statement of who you are, but it’s also letting people know, “I am here! I have services and goods for you!”. So, with it being a bit of a “given”, did you know that most Councils will require a separate application for your sign? And did you know that a town planner can assist you with this? What Counts As An Advertising Device? What you call a sign may also be referred to as an Advertising Device by the local Council. Signs that generally need approval are those that advertise the business, such as awning signs, pylon signs and fence signs. Directional and general signs may not require approval, but this may depend on the Council and the specifics of the sign. How Do I Know If My Sign Requires Approval? Most Councils will incorporate this information either into their planning scheme or their general permits and building regulations. Some may even provide pages with information and links dedicated to signage and advertising device applications. Examples of this is Brisbane City Council, whose Advertising Device guide can be found HERE , and Central Highlands Regional Council, whose Advertising Device guide can be found HERE . Let’s delve into the above examples to discover what signage advertising devices require approval. Central Highlands Regional Council provides a list of sign types that require approval and also refers to the ‘advertising devices code’ – this code is a part of the Central Highlands Regional Planning Scheme and provides illustrations and descriptions of the types of advertising devices. This code also stipulates specific acceptable limitations of each type of sign.