Top Tips for Achieving Subdivision Approval

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Top Tips for Achieving Subdivision Approval

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.

Can I Subdivide Any Lot of Land?

The simple answer to that is No. Your Council will have set minimum lot sizes for every zone (i.e. rural, high-density residential, low impact industry) of the planning scheme. So, whilst you might have a nice big acre lot in the rural residential zone, the minimum lot size might be exactly that, or very close, meaning your lot can’t be subdivided.

Additionally, there will be other regulations set in place, within each zone code and Reconfiguring a Lot development code, outlining specific requirements. These requirements might include the acceptability of battle-axe blocks and the amount of space required for driveway access to rear lots. The regulations may also simply forbid subdivision within that zone or precinct.

This is where your investigative journey should begin: the Zone Code and, if set out as a separate development code, the Reconfiguring a Lot Code.

Do I Require Any Special Technical Information?

This will depend entirely on your local council, however as a minimum, you will be required to have a professionally engineered / drawn up set of plans for the layout of the proposed subdivision.

In additional to professionally drawn up site plans, other technical documentation that may be required in these early stages can include (but are not limited to):

Services plans (infrastructure such as sewerage, stormwater, water, electrical, telecommunications etc)
Civil engineering plans of roads, bicycle and pedestrian paths within the development
Emergency Management Plans

Certainly, many technical documents may be able to be provided prior to operations phase, if negotiated with Council, but it’s best to be prepared with as many professionally prepared technical documents as possible ahead of time for things to run more smoothly.

If you are concerned about putting money and time into plans and technical documents, PAG offers preliminary services, including a Development Potential Health Check or a more intensive Preliminary Planning Report, to advise on the viability of your proposed development and/or land.

Is the Approval Determined Only By Local Council?

It is fairly likely you will have to go through State approval processes also. Whilst there are always exceptions, with subdivisions having no impact on State matters, it’s very common for subdivisions to require State approvals.

Things that may require State Approval include (but are not limited to):

Clearing of native vegetation;
Crossing over a State-controlled railway corridor as part of a new site access;
Connecting to a State-controlled road;
Properties that include waterways;
Subdivisions in a busway environment.

The State codes relevant to your property can be found on the Queensland Government SDAP website.

The Approvals Process

Approval for your Bed and Breakfast requires the same process that would be carried out for most developments. PAG are hands on throughout the entire process:

Initial consultation with PAG - we examine your project inside and out, getting to know all those critical details that are required for the application. This is also a chance for questions to be asked and to have the process explained.
Sub-Contractor Consultations - on your behalf, PAG arrange supporting material, such as plans and reports, from sub-consultants such as engineers and environmental specialists.
Pre-Lodgement Meetings with Council and State Government Agencies - These meetings are organised and hosted by PAG to identify site-specific requirements and triggers relating to the Development Application.
Preparation and Submission of the Development Application - PAG consolidate all the requirements and information about the project to construct a concise and detailed development application that addresses all government department and Council legislation.
Submission of Local Council Application and Referral to State Assessment and Referral Agency (SARA) - the development application will provide responses to specific codes provided by the Council and SARA (if required), which each will assess.
Public Notification Period - if your project is identified as requiring public notification (usually when an impact assessment and common for subdivision), this will be a short period during which the community is notified of the development and allowed to provide feedback that may impact your approval or approval conditions.
Decision Stage - Information Requests and Decision Notices will be issued, potentially with site- or project-specific conditions that must be met as a part of the development approval. A rejection may be appealed. Information Requests will add extra time to the approval process.

The Subdivision Approval Timeline

The process of completing a development application is a little heftier than filling out a few forms. Whilst there is a requisite form that must be completed, the application must also include a comprehensive development application report, legislative code responses, title searches, site plans, technical reports and other specific documentation. Each individual inclusion takes time to prepare.

It can all get a bit overwhelming, we know, which is why PAG are here to handle the process for you. The approximate timeline for approval is as follows:

· Preparation of the Application – this may take around 4-6 weeks, potentially more with large scale subdivisions, depending on the technical reporting and difficulty. However, PAG always aim to reduce this time frame as much as practicable.

· Assessment of the Application – all Councils follow state mandated timeframes when approving developments. This can take at least 2 - 3 months depending on whether Action Notices or Information Requests are issued within the process. An additional 2 to 4 weeks will be required for public notification if the assessment is Impact assessable.

Please note that if your application is issued with an Action Notice, an additional 20 business days may be required, and an Information Request may add up to 3 months to the timeline. Appeals at the end of the process will incur additional time.

As a whole, the process is most likely to take at least 4 months, however when complex and requiring high volume technical documentation, it can potentially balloon out to 6-8 months. PAG work hard across the process to minimise that timeline.

Kickstart your subdivision development by booking your initial appointment with Renee TODAY to discuss the services available for your project!

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8 Common Mistakes in Queensland Development Applications

By Renee Wall • March 19, 2025

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)

10 Things A Brisbane Developer Needs To Know & Why You Should Engage A Brisbane Town Planner

By Renee Wall • February 19, 2025

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.

Queensland Childcare Centre Approvals Address Demand

By Renee Wall • January 24, 2025

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.

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.