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How to Decipher Town Planning Jargon

Renee Wall • September 6, 2022

Are you confused by Town Planning terms? Town Planning is famous for its industry specific jargon. From “MCU” to “ROL” to “Existing Use Rights”. We hear you! We want to make things simple for you. This glossary focuses on some of the general terms in the Queensland system.

Let’s start with the definition of a Town Planner: Town Planners are professionals who specialise in developing strategies and designing the communities in which we live, work and play. Balancing the built and natural environment, community needs, cultural significance, and economic sustainability, planners aim to improve our quality of life and create vibrant communities.

Amenity – The pleasantness of attractiveness of a building or place. This is what Town Planners are seeking to protect, develop and encourage. How we feel and operate within our environment is paramount and at the forefront of our minds.

Code Assessment – Code assessment is a bounded assessment only against applicable planning requirements (assessment benchmarks or the relevant codes). This type of assessment is usually relatively straightforward and does not require the application to be publicly notified.

Existing Use Rights – existing lawful use rights ensure that land uses that were lawful under a repealed planning instrument are not rendered unlawful by amendments made to current planning instruments. That is, the use of premises that was lawful at the time it commenced continues to be lawful despite any changes brought about by the introduction of a new or amended planning scheme. That is a use that was lawful under the previous ‘Rules’ (such as a Planning Scheme) and therefore the use rights are protected as existing lawful use rights.

Impact Assessment – Impact assessment must be assessed against the assessment benchmarks, and regard may be given to other relevant matters. This type of assessment must be publicly notified (see public notification below), i.e. a Notice in the Newspaper, Sign on the Land and Letter to adjoining neighbours. Anyone who makes a submission (objection) has the right to a Third Party Appeal (see below).

MCU – A ‘Material Change of Use’ application is generally required when there is:

The start of a new use of a building or on the land
The re-establishment of a use that has been abandoned
A material change in the intensity or scale of the use of the land.

Planning Instrument – The planning legislation establishes a framework of planning instruments and processes. These support the operation of the planning system. The legislation also determines which instrument takes precedence at any given time. This hierarchy is important.

Planning Scheme – The planning scheme guides growth, development and change in a local area. Each council, in consultation with its community, prepares its own planning scheme. Ultimately, the scheme is approved by the Minister to ensure it addresses state and regional planning matters, as well as local needs and aspirations. Once the planning scheme is prepared and approved, development applications may be made to the assessment manager, which is usually the relevant local council.

Public Notification – impact assessable development is still required to be publicly notified. The planning scheme will continue to identify what development needs to be publicly notified in the development assessment process. The process for public notification is set out in the DA Rules, however the Planning Act 2016 retains the requirements for the minimum timeframes a development application is required to be open for consultation and for people to make a submission about the application

ROL – reconfiguring a lot – this is essentially subdividing land, or carrying out other actions such as amalgamating lots or rearranging boundaries.

SARA – Sate Assessment and Referral Agency – A referral agency is an entity that is not the assessment manager (the assessment manager is typically the Council) but has a role in a development application. The State Assessment and Referral Agency (SARA) is a common referral agency, but other agencies can act in this role (e.g. port authorities and utilities providers).

Third Party Appeal Rights – Third party appeal rights will continue for people who make a ‘properly made’ submission. A submitter may only appeal against the part of the development approval relating to impact assessable development, or a variation approval under Section 43 of the Planning Act 2016. The appeal can be against one or more of the following: granting of a development approval; a condition of, or lack of conditions for a development approval; or the length of the current period.

Town Planning is a dynamic industry seeking to adapt to and evolve to the changing needs of our environment and society. We love the cut and thrust of the industry. Maybe you are not as excited about it all as we are at Wall Planning & Environmental Consulting – but that is ok as we are here to help.

References:

https://www.brisbane.qld.gov.au/planning-building/applying-post-approval/how-development-applications-are-assessed/assessment-stage-6-appeals

http://www.mackay.qld.gov.au/business/planning_and_development/planning_schemes_and_strategic_planning/new_planning_schemes/mackay_city_planning_scheme

https://www.rockhamptonregion.qld.gov.au/PlanningBuilding/Development-Applications/Lodging-a-Development-Application/Material-Change-of-Use-MCU

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Top Tips for Achieving Subdivision Approval

By Renee Wall • October 29, 2024

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.

Get Your Queensland Bed & Breakfast Approved

By Renee Wall • September 30, 2024

You’d think that opening your home to others as a short-term accommodation option wouldn’t require much but, as many discover when preparing their dream business, planning legislation says otherwise! Let’s delve into some of the requirements you may face for your BnB.

Cattle Feedlot Approvals in Queensland

By Renee Wall • August 27, 2024

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.

Is Your Brisbane Development RiskSMART Eligible?

By Renee Wall • July 30, 2024

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:

Give Me A Sign - Advertising Device Applications

By Renee Wall • June 18, 2024

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.