Planning & Development Resources

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)