User's Guide - Tablelands Regional Council
Contents
1. gt How long does an approval last For approvals for a Material Change of Use and Reconfiguration involving operational works the approval lasts for four 4 years starting from the day the approval takes effect unless specified otherwise For all other types of approvals such as an approval for Reconfiguration without Operational Works the approval lasts for fwo 2 years starting from the day the approval takes effect During this time if required you can apply to extend the approval period the Currency Period by advising all relevant Concurrence Agencies of the request and by giving a request notice and copies of the advice notices to Council User s Guide to the Eacham Planning Scheme Once you commence an approved use the approval remains valid for as long as you continue the use gt When an approval lapses A development approval lapses at the end of the currency period unless e for development that is a material change of use the change of use happens before the end of the currency period e for development that is reconfiguring a lot the survey plan authorised by the development permit is given to the Eacham Shire Council for endorsement before the end of the currency period e for other development development under the approval substantially starts before the end of the currency period gt Making minor amendments to approvals An applicant may apply to Council for a minor change to a Developm2. information request by Council refer to Section 3 2 2 below gt Where to lodge an application Where to lodge an application depends on the assessable development activities involved e an application assessable under the Planning Scheme whether or not the application also includes other assessable development is made to the Eacham Shire Council e an application assessable under Schedule 8 of IPA for building work under the Building Act 1975 only is made to the Eacham Shire Council or a private building certifier clearing of native vegetation on freehold land only is made to the Department of Natural Resources amp Water DNRW an Environmentally Relevant Activity ERA only is made to the Environmental Protection Agency unless the ERA is devolved to the local government or delegated to the Department of Primary Industries 3 Council s application fee covers Council s time and costs in inspecting the site assessing the proposal and making a decision on the application The Schedule of Fees is available from Council to determine the relevant fee for the development User s Guide to the Eacham Planning Scheme It should be noted that where a proposal involves development assessment against Council s Planning Scheme as well as these matters set out in ii and iii above the application is made to Eacham Shire Council Applications may be lodged with Council either in person or by post The Applicat
3. 4 Assessable against a local government s Planning Scheme e Attachment 1 Development Application superseded Planning Scheme and e Attachment 2 Preliminary Approval overriding the Planning Scheme A series of Guides are available to assist you in determining the correct forms the necessary details and whether your application triggers referral coordination gt Lodging the Application In making an application certain information should be provided to ensure the smooth processing of your application The following minimum information should be submitted to be considered a properly made application e completed application forms e three 3 copies of relevant plans and supporting information including scaled plans and a written explanation of the proposal along with details of any consultation that has occurred during preparation of the application and e the Council application fee as per Council s fee schedule In addition to the mandatory information an application should also include e an assessment on the impact the proposal will have on the surrounding area eg visual noise traffic flooding impacts etc e details on how wastes and or stormwater will be treated or processed and e car parking and landscaping treatments Providing additional information will make the assessment of the application by Council simpler and potentially quicker It may also negate the need for an
4. Planning Act 1997 as amended for the statutory provisions applicable to applications made under that Act
5. applicant responds in full or part to that request and forwards a copy of the response to Council gt What is required for Public Notification The following actions are to be undertaken for public notification as a minimum 1 Send a notice to all owners of land adjoining the application site 2 Council will advise you who the adjoining owners are and their addresses from the rates information 3 Place a notice on the land to all road frontages 4 The notice on the land must be in the form prescribed by the Integrated Planning Act Regulations 1998 refer to the standard format example included on Page 18 Approved signs are available to rent from Council 5 Place a notice in a local paper refer to standard format example included on Page 18 All of the above actions must be undertaken within five 5 business T 3 5 days of each other The advertising period begins on the day after the last of the above steps is completed The notice s on the land must be erected for a minimum of fifteen 15 business days or thirty 30 full business days if the application requires referral coordination The notification period is not to include public holidays or business days between 20 December and 5 January in the ee ae following year oasis pel od Public Notification must commence within 20 business days of faesere re completion of the Application and Information amp Referral stages as a A hg stated above or the app
6. Council may extend this period by a further twenty 20 business days by giving the applicant written notice within the original Notification Stage period Extensions beyond this time can only occur with your the applicant s permission gt Assessing an Application Exempt Development Decision Phase Where development is identified as exempt it need not comply with the Codes or other requirements of this Planning Scheme The IPA also includes and specifies development that is exempt Self Assessment x T For self assessable development the proposal must comply with all ae Ni relevant acceptable solutions in all applicable Codes Where development does not comply with every relevant acceptable solution it becomes code assessable in ac Code Assessment lt Code assessable development is assessed against the applicable Zone hee oni Code Overlay Codes if any Land Use Code if any and any other Codes relevant to the application For code assessment the probable solutions provide a guide for achieving the related performance criteria Paice in whole or in part The probable solutions represent one way of complying with an issue in a performance criteria and do not limit the assessment manager s discretion under the Act to impose conditions i on a development approval A proposal that does not comply with a idan probable solution must demonstrate that an alternative solution meets the relevant issue of the perfo
7. a lot to subdivide the land es Operational work if the subdivision involves a new road or the provision of new services such as water and sewerage reticulation IDAS is the step by step process for making assessing and deciding development applications gt Is the Development Assessable Not all development activities associated with a proposal require an application to be made There are three assessment categories for Development under the Integrated Planning Act IPA Exempt No IDAS application is required and the proposal is not required to comply with any codes or standards For example weed and pest control or earthwork for the purpose of farm management practices Self Assessable No IDAS application is required Development in this category is however required to comply with applicable codes such as Council s Planning Scheme provisions or State codes For example house extensions must comply with the Australian Building Code and Council s set back requirements The provisions relating to Self Assessable development are only identified in the Planning Scheme Assessable Code or Impact An IDAS Development Application is required prior to undertaking any new use or works Assessable developments will require either Code or Impact assessment The level of assessment for particular developments is determined by Part 3 of Council s Planning Scheme refer to Section 2 3 1 above and Schedule 8 of
8. preferred land use pattern for the Shire Desired Environmental Outcomes The Desired Environmental Outcomes DEOs set a broad policy for the Shire and describe the desired intent or outcomes for the area and express what is sought to be achieved by the Planning Scheme The DEOs apply to the whole of the Shire and cover a broad range of issues such as the land use pattern environment economic development infrastructure needs and cultural heritage User s Guide to the Eacham Planning Scheme 2 3 Part 3 Assessment Requirements Within the Shire all land is included in a Zone The zone of a particular parcel of land is identified on maps accompanying the Planning Scheme There are 11 Planning zones as follows Rural Zone Rural Residential Zone Urban Expansion Zone Residential Zone Village Zone Business and Retail Zone Trades and Services Zone Industry Zone Open Space Zone Conservation Zone Public Purposes Zone In addition to zones the Planning Scheme uses overlays as a separate layer to identify areas or places that constrain the use of land due to their environmental value or their adverse effects on development e g cultural heritage features steep slopes An overlay is a separate layer that applies across zones and is identified on maps or in lists accompanying the Planning Scheme The tables of assessment for each Planning Zone specify the applicable level of assessment as well as specifying the appl
9. referral coordination the coordination of any Information Requests made is to be undertaken via the Department of Local Government Planning Sport amp Recreation DLGPSR If referral coordination is required in addition to fulfilling referral requirements to Referral Agency as set out above you as the applicant will also be required to forward a copy of the application to the Chief Executive of the DLGPSR gt Information Request Depending on the level of information submitted with an application the Eacham Shire Council may consider it necessary to request the applicant to provide further information to assist in the assessment A well prepared application may reduce the need for the Eacham Shire Council to request further information during the assessment of the application gt Responding to an Information Request The applicant must within 12 months respond to an information request by giving either e all of the information required e part of the information required or e none of the information required together with written notice asking Council to proceed with the application 3 6 Notification Stage If your proposal requires impact assessment you must undertake public notification Public notification is still required even if Application Stage e the applicant is seeking preliminary approval or e the preliminary approval was issued and the applicant is now seeking a Development Permit and the pr
10. such as Desired Environmental Outcomes zones overlays development assessment tables and codes The Planning Scheme consists of four parts being PART 1 Administration amp Assessment Requirements PART 2 Desired Environmental Outcomes PART 3 Assessment Requirements PART 4 Planning Scheme Codes Schedules are contained at the end of the Scheme to provide guidance on matters contained in the Planning Scheme Codes 2 1 Part 1 Administration amp Assessment Requirements Part 1 of the Planning Scheme contains the administrative components of the Planning Scheme including e administration e an explanation of the terms used throughout the Planning Scheme administrative definitions and e use definitions Using the Definitions to Determine a Land Use The Use definitions have a specific meaning for the purpose of the Assessment Tables in the Planning Scheme The definitions should be used to determine a land use for a proposed development The Uses are grouped in seven 7 categories Residential Business and Retail Trades and Industry Rural Tourism Community Infrastructure and Facilities and Other Development Activities 2 2 Part 2 Desired Environmental Outcomes Part 2 outlines the broad outcomes and development intent for the Shire by specifying Shire wide Desired Environmental Outcomes DEOs which is supported by a Plan Planning Scheme Map Strategic Framework Map that depicts the
11. the premises Reconfiguration of a lot means creating lots by subdividing another lot or b amalgamating 2 or more lots or rearranging the boundaries of a lot by registering a plan of subdivision or d dividing land into parts by agreement other than a lease for a term including renewal options not exceeding 10 years rendering different parts of a lot immediately available for separate disposition or separate occupation or e creating an easement giving access to a lot from a constructed road Operational Work means a extracting gravel rock sand or soil from the place where it occurs naturally or b planting trees or managing felling and removing standing timber for an ongoing forestry business whether in a native forest or a plantation or excavating or filling that materially affects premises or their use or d placing an advertising device on premises or undertaking work in on over or under the premises that materially affects the premises or its use or f the clearing of vegetation on freehold land or g operations of any kind and all things instructed or installed for taking or interfering with water under the Water Act 2000 but does not include building drainage or plumbing work User s Guide to the Eacham Planning Scheme Building Work means a building repairing altering underpinning whether by vertical or lateral support moving or demolishing a building or other st
12. 997 3 2 Determining if a Development Application is required To work out whether an application is needed for your project proposal consider the following two questions gt Does the project involve Development under the Act The term Development includes the following actions carrying out building work carrying out drainage or plumbing work carrying out operational work reconfiguring a lot including subdivision rearranging lot boundaries subdivision by lease exceeding 10 years creating an access easement and or e making a material change of use including starting a new use a change to the intensity of a use and re establishing an abandoned use To determine whether your proposal constitutes a form of development refer to the Glossary of terms used in this Application Guide A proposal will generally involve at least 2 of the above development activities For example e The erection of a new office or shop involves WS material change of use for the start of the new use on the i premises building work to erect the new building plumbing and drainage works for water and sewerage fixtures and at operational work if a new vehicle cross over or open air car ae parking area is proposed A E EE PIRN AA S e Subdividing land for new houses involves PERSEE SS fete material change of use for the change or intensification of the k n use of the land a reconfiguring
13. Code and any State Planning Policy not reflected in the Planning Scheme and providing that the development does not compromise the DEOs Council also assesses the application having regard to e any State planning policy not reflected in the Planning Scheme e any approval for the land or adjacent land and e any lawful use of the land or adjacent land gt Deciding the Application Council must decide the application based on the assessment Decision for Code Assessable Development Council s decision may conflict with an applicable code if there are sufficient grounds to justify the decision having regard to the purpose of the code However if the application is e for building work the decision must not conflict with the Building Act 1975 e assessable against The Planning Scheme the decision must not compromise the achievement of the desired environmental outcomes and cannot be inconsistent with any State planning policy The assessment manger may only refuse the application if e the development does not comply with the applicable code s and e compliance with the applicable code s cannot be achieved by imposing conditions User s Guide to the Eacham Planning Scheme Decision for Impact Assessable Development The assessment manager s decision must e support the achievement of the desired environmental outcomes for the Planning Scheme e only conflict with the Pla
14. User s Guide to the Planning Scheme a leet a EACHAM SHIRE COUNCIL maa November 2006 200 User s Guide to the Eacham Planning Scheme CONTENTS 1 0 INTRODUCTION ics occ siosicctcendiesliealeas celle star ieeetiueutivediered cen eeatndst 1 1 1 Relationship between the Planning Scheme and the Integrated Panning ACU TOSS ocscecnccteaccutedsndeatevaneevevuen R S 2 2 0 STRUCTURE OF THE PLANNING SCHEME ccccsseeeeeeees 3 2 1 Part 1 Administration amp Assessment Requirements 0 3 2 2 Part 2 Desired Environmental Outcomes cceceeeeeereeteeeees 3 2 3 Part 3 Assessment Requirement 0 cccceeeesteeeeeneeeeeeenaeeeeeeaas 4 2 4 Part 4 Planning Scheme Codes cccccceseeceeeeeseeeeeseeeeeeeeeeeeees 4 2 5 Planning Scheme Policies cc ccceecceeeeeeeeeeeeeeeeeseeeeseaeeeeeeeeeeeees 5 3 0 GUIDE TO THE DEVELOPMENT APPLICATION PROCESG 6 3 1 IPA amp IDAS The BaSiCs 0 ecceccceeeeeeeeeeeeeeeeeeeeeeeeeeeeaeeteaeeeeneeees 6 3 2 Determining if a Development Application is required 6 3 3 The IDAS ProCeSs ccccccceeeeeeeeeeeeee cence danien niian iaaa 8 3 4 Application Stage cecccecceeeceeeeeeeeeeeeeeeeaeeeeaeeseeeeeseaeeesaeeseeeseeeeees 8 gt Determining the Level of ASSESSMENL ee eeeeeeeneeeeeeneteteneeeeeteneeeeeees 8 D gt Making an Application ee eeesceeeeeneeeeeneeeeeeeeeeeeeneeereneeeeneneeeee
15. al Agency e a copy of the application ie the application forms and application material i e a copy of Council s Acknowledgment Notice and Information amp Referral Stage e the Concurrence Agency s prescribed fee if applicable Referral must be undertaken within three 3 months of Council issuing the Acknowledgment Notice If the referral is not undertaken within this period the application will lapse After you have fulfilled your referral obligations you must provide Council with a written notice of the day you fulfilled your referral obligations to a particular referral agency gt Referral Coordination Decision Phase An application can trigger referral coordination in a number of instances including referral of an application to three 3 or more concurrence agencies a development Notification Stage the development involves overriding a Planning Scheme the proposed development involves a certain activity eg a body of water including an artificial lake but excluding an effluent pond or the like that has or would have after the change of use a total surface area of more than 5000m2 or the proposed development is located in a certain area eg shares a common boundary with a protected area or registered place under the Queensland Heritage Ac 1992 Refer to Schedules 7 and 8 of the Integrated Planning Regulation 1998 for referral coordination triggers Should an application trigger
16. any then have the opportunity to appeal the decision They have twenty 20 business days to submit an appeal if they desire Once the submitter s appeal period closes and no appeals have been lodged the development approval becomes effective to the extent stated in Council s Decision Notice If you are happy with the decision made by Council including any conditions of approval and any submitter s to the application are happy with the decision and waive their appeal period the approval takes affect gt When an approval takes effect For a code assessable application an approval takes effect if e the applicant does not appeal the decision from the day the decision is given e the applicant appeals the decision when the decision of the Court or tribunal is made and subject to the decision of the Court or tribunal Development may not start until the appeal is decided unless permission is granted from the Court For an application involving impact assessment the approval takes effect if e there is no submitter for the application and the applicant does not appeal the decision from the day the decision is given e there is a submitter for the application and both the submitters and applicant do not appeal the decision from the day both the submitter s and applicant s appeal period end e if the applicant or a submitter for the application appeals The decision from the day the appeal is decided
17. ater related development e PartL Major Hazard Facility or Possible Major Hazard Facility e PatM Operational Works in Tidal Area and in Coastal Management Districts e ParntN Contaminated Land e Part O Aquaculture e Part O2 Disturbance of marine plants and building or operational works within a declared fish habitat area g WS e Part O Building or raising waterway barrier works i e PartP Prescribed Tidal Work e IDAS Applicable to all applications other than those that Assessment require the completion of Parts A amp B only Checklist SIS The IDAS Assessment Checklist assists in determining the Parts of the oe ee Be application form that apply to a particular application The Assessment RN a Checklist has been designed to assist in the identification of the referral eters Ser agencies applicable to a particular application A referral agency is vale 7 usualy a State government department that has a statutory ae EA responsibility to assess certain development activities e g the Environmental Protection Agency for environmentally relevant activities 5 the Department of Natural Resources amp Water for clearing native vegetation on freehold land 2 Important Note New IDAS forms are added and existing forms are modified regularly It is advisable to obtain IDAS forms from the IPA website www ipa gid gov au to ensure the latest forms are being used Assessable against a local government s Planning Scheme
18. day Public Notification Please refer to a copy of the public notice Attachment B and copies of the photographs of the erected sign s Attachment C c Notice was served on all adjoining owners and elected representatives on insert date certified mail was sent whose names and addresses are listed below Attachment D includes the names and addresses of all adjoining owners and elected representatives Yours faithfully insert name of applicant enc Attachment A Copy of the newspaper advertisement Attachment B Copy of public notice Attachment C Photographs of erected sign s Attachment D List of adjoining owners and elected representatives User s Guide to the Eacham Planning Scheme Further Assistance If you should require further assistance please contact Eacham Shire Council on 07 4096 5086 or visit us at Council Chambers at 31 James Street Malanda DISCLAIMER This document is intended as a guide only for the purpose of increasing public understanding of the IDAS application process Whilst Eacham Shire Council endeavours to ensure the information contained herein is true and correct Council takes no responsibility for any errors omissions or incorrect information The Planning Scheme is unique to Eacham Shire and the assessment criteria and triggers for an application may be different from those in other areas Reference should be made to the relevant sections of the Integrated
19. development permit but it may assist in the staging of the applications Council will send you a Decision Notice The notice will specify the day the decision was made whether the application was approved or not if refused reasons for refusal whether a preliminary approval or Development Permit has been issued e if approved Council s conditions of approval e referral agency conditions if relevant and their addresses e whether any other development permits are necessary to allow the development to be carried out e any code the that will need to be complied with for any self assessable components related to the development 3 If a Concurrence Agency or Council refuses the application then the overall result is a refusal and you will be given reasons for the refusal e whether Council received any submissions for the application and e the rights of appeal for the applicant and submitters 3 8 What happens after Council s decision If you are dissatisfied with any conditions of approval or if Council issues a preliminary approval and you as the applicant sought a development permit you may suspend your appeal period by written notice and make representations to Council to change the decision The request to suspend the appeal period must be submitted to Council within twenty 20 business days of receiving Council s Decision Notice Once the applicant s appeal period lapses the submitters if
20. eea 9 gt Lodging the Application ccesescceeseeeeeeeseeeeeeeeaeeeeseneeeneseeeeseseeeenes 11 gt Where to lodge an application ee eeeeeeeseeeeeeneeeeeeeneteeesneeeeeneeees 11 gt Council s Acknowledgment Notice cccecceeeeeeeeeeeeeeeeeeeeneeeeeeeeeaes 12 3 5 Information and Referral Stage ceccccccseeeeseeceeeeseeeeeeaeeseneeesees 12 gt Referral to Referral Agencies eceeeeseeeeesseeeeeenneeeeeeneteeesnneeerenaeeees 12 gt Referral Coordination eee eeeeeseeeeeeeeseeeeeeeeeneeeeeeseeeeseeeeeeeeeeeeeaes 12 gt Information Requestyiaic c sccccccceccseccccsteescceessesdeeneessteceeseneseubeceeeeedboreens 13 gt Responding to an Information REQuest ee eeeeeeenereeeesteeereneeees 13 3 6 Notification Stage ecccccceeeeseeeeeeeeeeceeeeaeeeeaeeseeeeeseaeeesaeeseaeeeeaees 13 gt Purpose of Public Notification 00 0 eee eeseeeeeeneeeeeeeneteeesnneeeeenaeeees 13 gt When can Public Notification Commence ecceeeeseeeeeteeeeeeeeeaes 14 gt What is required for Public Notification 0 cceeeceeseeeeeeeeeteeeeeeeeeaes 14 gt Commenting on an Application ee eeceeeeeeseeeeeeeeeeeeeeeeeeeneeeeeeeeeaes 15 3 7 Decision POO wc ccscccciecreeccteeessteeriseidithnrenaeyetnnddeaebliaetereieashaceeeanes 16 gt Assessing an Application eee eeceeeeeneeeeeeneeeeeeneeeeeeeneeeeesnneeeeenaeeees 16 gt Deciding the Application eeeeeeeeseeeeesseeeeeeneeeeeeeee
21. eeeenneeeeenaeeees 17 gt Decision NOUCE oiseiccicaccckaves taecesctcssaecaneesceceanesdessesancegdaaceecgueretsasececetess 18 3 8 What happens after Council s deCiSiON 0 cccccceeesseeeeesteeeeees 19 gt When an approval takes eff Ct oo eect eeseeeeeeneeeeeeeeeeeesnneeeeenaeeees 19 gt How long does an approval last 0 0 eeceeeeeeseeeeeeeeeeneeeeeeeeeneeeeeeeeeaes 19 gt When an approval lapses eeeeeeeeneeeeeeneeeeeeneeeeeeeeeeeesnneeeeenaeeees 20 gt Making minor amendments to approvals ee eeeeeeeeeseeeeeesteeetenneeees 20 gt Request to change or cancel conditions 0 0 0 eect eee eee ees 20 4 0 GLOSSARY soninun aaa 21 5 0 PUBLIC NOTIFICATION SIGN ADVERTISEMENT 000 23 6 0 NOTICE TO ADJOINING OWNERS cccessseeeesseeeeenseeeeeenss 24 7 0 NOTICE OF COMPLIANCE ccccsseccesseeceeeseeeeeenseeeeeenseeeeeenss 25 1 0 INTRODUCTION This User s Guide has been prepared to assist in the interpretation and implementation of the new Planning Scheme for Eacham Shire which came into effect on the 14 November 2006 and implement the Integrated Development Assessment System IDAS The Planning Scheme replaces the previous Planning Scheme for Eacham Shire which was in force from 1989 to 2006 The Eacham Shire Planning Scheme has been prepared in accordance with the provisions of the Integrated Planning Act 1997 IPA and reflects the current views and interests of
22. ent Approval If the person making the request is not the owner of the land then the owner s authority must also be obtained to make the application If Referral Agencies were involved in the original application then a notice of the request must also be sent to those agencies gt Request to change or cancel conditions An applicant may apply to change or cancel conditions of a Development Approval by way of written notice to the entity that required the condition s to be imposed If the person making the request is not the owner of the land then the owner s authority must also be obtained to make the application If the entity has a standard form and or a fee for the application then the request shall be made on that form and or that fee must be paid when making the application 4 0 GLOSSARY Advice Agency Is a Referral Agency which has no statutory power but which Council may ask for advice regarding the application Concurrence Agency Is a Referral Agency which has statutory power to assess an application A Concurrence Agency may require that the application be refused or that conditions be imposed upon the development Development Development includes any of the following actions Material Change of Use of a premises means a the start of a new use of the premises or b the re establishment in the premises of a use that has been abandoned or c a change in the character intensity or scale of the uses of
23. evious approval did not Information amp Referral Stage make subsequent development code assessable It is important to note that Public Notification must describe all components of the proposed development even if they are only code assessable Notification Stage gt Purpose of Public Notification The notification stage of IDAS gives the public opportunity to i Important Note Refusal to provide all information requested may prevent the proper assessment of your application and may result in refusal User s Guide to the Eacham Planning Scheme e make a submission about an application whether objecting to or supporting the proposal and e secure their appeal rights against Council s decision gt When can Public Notification Commence Notification must commence within 20 business days of the following e after receiving Council s Acknowledgment Notice provided there are no Referral Agency information request periods applicable and Council has stated in its Acknowledgment Notice that it does not intend to make an information request e once you as the applicant have responded to all information requests and have provided copies of the responses to Council e Where a Referral Agency information request period is applicable that agency s information request period of 70 business days has expired and no information request has been issued or e where a Concurrence Agency issues an information request the
24. ger This enables any person to view the application form the plans and any reports submitted in support of the application and any comments about the application Contents of a Submission A submission should express concerns and or support for a proposal To ensure the assessment manager can consider the issues raised the submission should be based on the assessment criteria for the application e g the applicable provisions of the planning scheme or those contained in another piece of legislation against which the application is being assessed The types of issues that may be dealt with during the assessment of an application under the planning scheme may include whether e a proposed use is located according to the preferred use areas identified on the zoning maps e a proposal minimises adverse effects on nearby uses e proposed buildings and other works are consistent with the scale and design of existing buildings and other works in the area e a proposal maintains the values of a nearby cultural or natural feature e a proposal maintains the health and safety of residents and visitors and the amenity they enjoy Format of a Submission The Eacham Shire Council may seek community input in any form but to be most effective a submission should be expressed in writing e state the reasons for the submission e contain the names and addresses of each person making the submission 7 Submissions are not conf
25. icable Codes to guide assessment There is also an assessment table for other aspects of development e g advertising signs and operational work which applies to all zones lt should be noted that the level of assessment for development may vary depending upon the locality and whether or not an overlay applies 2 4 Part 4 Planning Scheme Codes The Planning Scheme contains criteria against which development is assessed These criteria may be contained in codes Codes may relate to a zone overlay or specific purpose or type of development Part 4 TI includes the Codes applicable to self assessable and assessable AR development which are identified in the Tables of Assessment in Part 3 h E Codes i The codes included in the Planning Scheme are i e Zone Codes ae ay e Land Use Codes WF 5 e General Development Codes and ge e Overlay Codes A a OMB Assessment criteria in codes consists of e applicability e purpose of the code and e development principles The format of the codes may differ based on whether it is applicable to self assessable or code assessable development A code for self assessable development contains a list of precise requirements acceptable solutions so that it is easy for the person undertaking the development to recognise whether the proposal satisfies the requirements A code for code assessable development contains a clearly stated purpose Purpose that is supported by intended ou
26. idential however the Eacham Shire Council may choose to delete the names and addresses of submitters from the submission Submissions form part of the material available for public scrutiny so that the applicant has the opportunity to address the issues raised User s Guide to the Eacham Planning Scheme e be signed by each person making the submission e be given to the assessment manager i e the authority responsible for assessing and determining the application e g the Eacham Shire Council or a State government department e be given prior to the application being decided For submissions on impact assessable development they must be received by the date specified on the public notices Consideration of Submissions When deciding the application the assessment manager must consider the issues raised in the submissions This consideration may result in the proposal being modified to address the issues 3 7 Decision Period Once all proceeding steps have been completed and Concurrence Application Stage Agency assessment periods have ended or responses received the application enters the Decision Period The applicant does not have to do anything during the Decision Period However the applicant may intervene or halt the Decision Period to resolve issues or if you are concerned as to the direction the application is headed Information amp Referral Stage Council s Decision Period runs for twenty 20 business days However
27. ion Stage is complete once e Code Assessable no referral agencies once Council has received a properly made application e Code Assessable with referral agencies once Council has received a properly made application and Council has issued an Acknowledgment Notice e Impact Assessable once Council has received a properly made application and Council has issued an Acknowledgment Notice gt Council s Acknowledgment Notice Council will issue an Acknowledgment Notice for all development applications for material change of use except for a Code Assessable application that has no referral agencies The Acknowledgment Notice will state the following e aspects of the development for which approval is sought e the names and addresses of all IDAS referral agencies to which the application must be referred and whether they are an advice or concurrence agency e whether any aspects of the development require code assessment and if so the names of all codes against which the application will be assessed e whether an aspect of the development requires public notification and if so the notification requirements e whether Council intends to make an information request and e whether referral coordination is required and if so the referral responsibilities of the applicant 3 5 Information and Referral Stage gt Referral to Referral Agencies Application Stage It is the applicant s responsibility to give each Referr
28. joins property owned by you In accordance with Section 3 4 4 of the Integrated Planning Act 1997 IPA you are hereby advised that insert type of application for land which adjoins your land has been submitted to the Eacham Shire Council The relevant notice detailing the proposal is attached for your information and further details regarding this application are available for perusal at the office of Eacham Shire Council PO Box 3 MALANDA QLD 4885 Yours faithfully insert name of applicant 7 0 NOTICE OF COMPLIANCE Chief Executive Officer Eacham Shire Council PO Box 3 MALANDA QLD 4885 Dear Sir Madam Re Notice of Compliance for Development Application insert type of application We as the applicant s declare that the public notice procedures have been completed in accordance with the requirements of the Section 3 4 7 of the Integrated Planning Act 1997 in relation to the Development Application for insert description located on land at insert address a The application was advertised in the insert name of newspaper on insert date of publication Please refer to a copy of the newspaper advertisement in the local newspaper included as Attachment A b A notice in the prescribed form was posted in the relevant land as prescribed by Section 18 of the Integrated Planning Regulation 1998 on insert date of erecting signs on the frontage to name of road s and was maintained until date of last
29. lication will apse 3 mr Once the public notification period is complete you as the applicant are required to lodge a compliance notice advising that the notification here carried out in accordance with the Act A standard form is attached Attachment B The compliance notice must be lodged with Council within three 3 months of the Public Notification period ending otherwise the development application will apse gt Commenting on an Application Anyone may comment i e make a submission about an application Submissions may be sought in relation to impact assessable development in accordance with the provisions of IPA In this situation a submitter is notified of the decision in relation to the application and may appeal against it to the Planning and Environment Court When preparing a submission it is important to have a basic understanding of the proposed development as well as the development provisions applying to the land Any comments made should be relevant to the application and in a format that provides all the necessary information for the assessment manager e g The Eacham Shire Council to fully consider the submission during the assessment of the application The details of all development applications are available through the public scrutiny process This information is available while the application is being assessed and decided Anyone can access this information by visiting the office of the assessment mana
30. nd application for the building work assessed against the Standard Building Regulation SBR gt Completing an Application Form Application forms under IDAS are mandatory throughout Queensland and are available from Council State Government Agencies private building certifiers or the IPA website www ipa qlid qov au Application Stage Information amp Referral Stage Notification Stage Decision Phase User s Guide to the Eacham Planning Scheme The IPA application forms contain e Form 1 Development Application and e Form 2 Request to change an existing approval Contents of Form 1 include e Part A Common details applicable to a applications Part A is mandatory for all applications It is important that the application forms are signed by all applicants and all registered owners of the subject land The next step is to determine which other parts of the form you will need to fill out For example if making an application for material change of use you will need to complete Forms A and D e PartB Building Work assessable against the Building Act 1975 e PartC Development in a Heritage Registered Place e PartD Material Change of Use Part E Operational Work and or Building Work e Part F Reconfiguring a Lot e PartG Environmentally Relevant Activity ERA Part H Licensed Brothel e Parti Strategic Port Land e Partg Clearing Native Vegetation e Part Kig W
31. nning Scheme if there are sufficient rounds to justify such conflict e be consistent with any State planning policy that has not been reflected in the Planning Scheme Direction by a Concurrence Agency If an application is referred to a concurrence agency e g the Environmental Protection Agency for an environmentally relevant activity and the concurrence agency requires the application to be refused the assessment manager must refuse it Alternatively if a concurrence agency requires certain conditions to be imposed the assessment manager must impose these conditions in any approval gt Decision Notice The assessment manager may either e approve the application in full with or without conditions or in part with or without conditions or e refuse the application There are two 2 types of approvals that may be given e development permit the final approval which must be obtained for each assessable development activity e g if a proposal involves material change of use assessable against the Planning Scheme and building work assessable against the Standard Building Regulation SBR a development permit must be obtained for both development activities through either a single or multiple applications e preliminary approval a legally binding approval that does not authorise assessable development to occur It is not necessary to obtain a preliminary approval prior to making an application for
32. ost instances the application is made to the Eacham Shire Council who is then responsible for assessing both aspects of the proposal However in other instances the assessment arising from schedule 8 may be required to be undertaken by a State government department In this instance the application is made to the Eacham Shire Council and the State government department becomes involved as a referral agency Alternatively the applicant may choose if possible to make separate applications i e one for the Planning Scheme assessment and one for the schedule 8 assessment If the application is triggered by schedule 8 only the assessment manager for the application may be either the Eacham Shire Council or as is more often the case a State government department such as the Environmental Protection Agency EPA or Department of Natural Resources amp Water NRW If an application is required it will be assessed and decided using the Integrated Development Assessment System IDAS This is the case regardless of whether the application is required by the Planning Scheme or schedule 8 and regardless of whether the assessment manager is the Eacham Shire Council a State government department or a private building certifier For further details about determining if a development application is required refer to Section 3 0 of this Guide 2 0 STRUCTURE OF THE PLANNING SCHEME The Planning Scheme manages development by using features
33. pplicable zone or zones for the land Step 3 Identify applicable Overlays Land may be affected by Overlays Planning Scheme Maps Overlay Maps determine if any Overlays are applicable Step 4 Level of Assessment Each zone includes a Table of Assessment outlining the level of assessment that is required for a particular Land Use The Land Use determined in Step 1 above is included in the left hand column with the level of assessment specified If the land use is not listed it will be impact assessable The table also specified the Codes that are applicable in the assessment of the proposed use Each Overlay also includes a Table of Assessment outlining the level of assessment that is required by land affected by an Overlay whether identified or adjoining This table will need to be considered along with the Table of Assessment for the zone as an Overlay may elevate the level of assessment above the level specified in the zone gt Making an Application gt Staging Applications for a Proposal A proposal may involve one or more assessable development activities e g material change of use and building work A single application need not deal with all aspects of development at once The person making the application may choose to stage the proposal by making two or more applications For example the first application may be for the material change of use and any associated works under the Planning Scheme followed by a seco
34. pplies to the whole of Eacham Shire Planning Scheme User s Guide to the Eacham Planning Scheme Integrated Planning Act 1997 Reprinted as in force on 1 September 2006 Reprint No 7E The purpose of IPA is to seek to achieve ecological sustainability 1 1 Relationship between the Planning Scheme and the Integrated Planning Act 1997 The Planning Scheme is the way the Eacham Shire Council identifies the circumstances when development must meet certain criteria self assessable or a development application is required assessable Through Schedule 8 of the Integrated Planning Act 1997 IPA the State government identifies self assessable and assessable development For example Schedule 8 makes building work assessable against the Standard Building Regulation SBR Environmentally Relevant Activities and licensed brothels assessable development Unlike the Eacham Shire Planning Scheme which applies only in the Shire Schedule 8 applies consistently across the State The Planning Scheme and Schedule 8 complement each other However if there is any inconsistency between them Schedule 8 prevails A proposal may be assessable under both the Planning Scheme and Schedule 8 of IPA A proposal may involve development identified as requiring a development application by both the Planning Scheme e g to establish a new shop and by schedule 8 e g for erecting the building In m
35. rmance criteria z Schedule 9 of the IPA State Legislation specifies development that is exempt 3 IPA Chapter 3 IDAS Part 5 Decision Stage Division 6 conditions If the application does not comply with the Code then it may be approved if there are sufficient planning grounds to justify an approval having particular regard to the purpose of the Code and any State Planning Policy not reflected in the Planning Scheme and providing that the development does not compromise the DEOs Impact Assessment Impact assessable development will be assessed against the whole Planning Scheme including the DEOs for the Shire which include the purpose of each Code and all Codes relevant to the proposal For that part of the impact assessment that requires assessment against the Code the probable solutions provide a guide for achieving the related performance criteria in whole or in part The probable solutions represent one way of complying with an issue in a performance criteria and do not limit the assessment manager s discretion under the IPA to impose conditions on a development approval A proposal that does not comply with a probable solution must demonstrate that an alternative solution meets the relevant issue of the performance criteria If the application does not comply with the Code then it may be approved if there are sufficient planning grounds to justify an approval having particular regard to the purpose of the
36. ructure or b excavating or filling e for or incidental to the activities mentioned in paragraph a or e that may adversely affect the stability of a building or other structure whether on the land on which the building or other structure is situated or on adjoining land or c supporting whether vertically or laterally land for activities mentioned in paragraph a Drainage Work means installing repairing altering or removing a a sanitary drain used or intended to be used to carry sewage from sanitary plumbing to a sewer or on site sewerage system or b aproperty sewer or c an on site sewerage system including a common effluent drain located on the premises or d astormwater installation on a premises Plumbing Work means installing repairing altering pr removing any system or components of a system for a supplying water within premises from the point of connection to a property service or b conveying sewage from a premises to a sanitary drain or c afire service within the premises Development Permit Is issued when all approvals necessary to start a development have been obtained Preliminary Approval Approves assessable development but does not permit assessable development to occur A Preliminary Approval is similar to an approval in principle Referral Agency May be a Concurrence Agency or an Advice Agency The applicant upon instruction from Council refers the applica
37. ssment refer to Section 2 3 1 will need to go through all four stages The following outlines the stages of IDAS applicable to each type of Development Application the steps to follow within each stage 3 4 Application Stage Applicants are strongly urged to have preliminary discussions with Council s Town Planning staff prior to making an application It is not mandatory to do so however this process may save you the applicant time and money gt Determining the Level of Assessment To determine if a proposal involves self assessable or assessable development first identify the zone applying to the land and refer to the relevant assessment table The purpose definitions contained in the Planning Scheme will assist in using the table for a material change of use Secondly if the maps indicate that the property is covered by an overlay refer to the assessment table applicable to the overlay The development assessment table for an overlay may alter the level of assessment gt Material Change of Use gt Other Aspects of Development Stepi ___ Define the Use Part 1 this part includes definitions for land uses If a land use does not fall within the list of Use Definitions it will be impact assessable except if otherwise specified in Schedule 8 of IPA The proposed use should be defined as one or more of these uses Step2 gt Determine the relevant Zone Planning Scheme Maps Zoning Maps determine the a
38. tcomes Performance Criteria and sometimes design solutions for achieving the intended outcomes Acceptable Solutions The intended outcomes may relate to all development to which the code relates or may be specific to a type of development activity certain uses the location of the proposal etc in which case only the outcomes relevant to the proposal are applicable An acceptable solution nominates one way for achieving all or part of the applicable intended outcome The applicant may demonstrate achievement of the intended outcomes in another way and the Eacham Shire Council may vary the specific criteria in an approval 2 5 Planning Scheme Policies The Planning Scheme Policies provide supporting information and guidance to assist in the submission of development proposals and material to support the Codes contained in the Planning Scheme The Planning Scheme Policies should be reviewed for applicability to a proposed development Each Policy outlines when it is applicable to development User s Guide to the Eacham Planning Scheme 3 0 GUIDE TO THE DEVELOPMENT APPLICATION PROCESS 3 1 IPA amp IDAS The Basics The Integrated Planning Act 1997 IPA forms the foundation of Queensland s planning and development assessment legislation IDAS stands for Integrated Development Assessment System and is the step by step process for making assessing and deciding development applications under the ntegrated Planning Act 1
39. the IPA Code Assessable If a development activity requires code assessment that activity is assessed by The assessment manager against the applicable codes and The common material Impact Assessment If a development activity requires impact assessment the application is publicly notified and a broader assessment of the activity is carried out against all relevant Planning Scheme provisions An application is only required if at least one of the development activities is categorised as assessable However a single application may involve both code and impact assessment This will occur when an application involves two or more assessable development activities and one of the activities is identified as code assessable under either the Planning Scheme or Schedule 8 and another is identified as impact Ae fis i If inconsistency occurs between Council s Tables of Development and Schedule 8 of the IPA Schedule 8 of the IPA prevails User s Guide to the Eacham Planning Scheme 3 3 The IDAS Process Should a Development Application be required the IDAS process must be followed There are four 4 stages in the IDAS process Application Stage Information and Referral Stage Notification Stage and Decision Stage However not every application goes through all four stages For example an application for Building Works will usually only go through Stages 1 and 4 while an application requiring Impact Asse
40. the local residents and the desire of the Eacham Shire Council to provide an appropriate environment for existing and future residents and visitors The Planning Scheme also integrates State and regional aspects of the matters dealt with in the Scheme The scheme applies to the whole of Eacham Shire and e identifies the broad outcomes sought for Eacham Shire as well as more detailed outcomes in relation to certain matters or parts of the Shire e allocates land for different uses having regard to a range of considerations e identifies areas or places that constrain the use of land due to their environmental value or their adverse effects on development e identifies the kind of development that requires approval assessable development as well as activities that can be carried out without approval if certain requirements are met self assessable development and e specifies detailed criteria codes to be used together with the detailed outcomes for assessing the suitability of a development proposal The Planning Scheme manages development by using zones overlays assessment tables and codes The Planning Scheme is outcome based The outcomes in the Scheme are expressions of the intended end state of a development or area The Planning Scheme outcomes do not present actions that the Council is going to undertake in a public works program The Planning Scheme sets out Council s planning and development intentions and a
41. tion to a referral agency for assessment or input into the application Referral Coordination If the application involves three or more concurrence agencies the information requests require coordination by the Chief Executive of the Department of Local Government Planning Sport and Recreation DLGPSR Superseded Planning Scheme Is the Planning Scheme that was in force immediately before Council made amended or consolidated the Planning Scheme in accordance with IPA For Eacham Shire the Superseded Planning Scheme is the 1989 Planning Scheme 5 0 PUBLIC NOTIFICATION SIGN ADVERTISEMENT Form 7 Integrated Planning Act 1997 PUBLIC NOTICE OF DEVELOPMENT APPLICATION Planning Scheme for Eacham Shire Council Proposal Applicant On land at The application can be viewed at the office of Eacham Shire Council 31 James Street MALANDA Any person may on or before insert closing date of public notification a request details of the proposal from the Chief Executive Officer at the office of Eacham Shire Council and b make a signed written submission to the Chief Executive officer at the office of Eacham Shire Council PO Box 3 MALANDA QLD 4885 User s Guide to the Eacham Planning Scheme 6 0 NOTICE TO ADJOINING OWNERS insert address Attention insert name of adjoining land owner Dear Sir Madam Re insert type of application for land at insert postal address of land which ad
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