Material Change of Use

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.