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Planning & Development

Planning & Development in the South Burnett is overseen by the Sustainability Directorate of the South Burnett Regional Council. This department provides services to the local community, developers and council in the areas of land use, land development and operational works assessment. Should you require any further information please contact your local customer service centre to make an appointment.

 

1. General Planning Terms

Ecologically Sustainable Development (ESD) is development that meets the needs of the present without compromising the ability for future generations to meet their own needs.

Without Prejudice - Basically means 'without loss of any rights'. It is a term used when two parties are in dispute, and one makes a settlement offer to the other. It puts 'without prejudice' on its offer to make it clear that the settlement offer should not be construed as a waiver of rights.

As-of-right - Was a term used in our Transitional Planning Scheme 1988 which has since expired. This terminology is no longer used in IPA Planning Schemes.

Precedent - In law a precedent establishes a principle or rule that a court may need to adopt when deciding subsequent cases with similar issues or facts.

Development is any of the following:

  1. carrying out building work;
  2. carrying out plumbing or drainage work;
  3. carrying out operational work;
  4. reconfiguring a lot;
  5. making a material change of use of premises

Material Change of Use, of premises, means generally:

  1. the start of a new use of the premises; or
  2. the re-established on the premises of a use that has been "abandoned"; or
  3. a material change in the intensity or scale of the use of the premises

Operational work means:

  1. extracting gravel, rock, sand or soil form the place where it occurs naturally; or
  2. conducting a forest practice; or
  3. excavating or filling that materially affects premises or their use; or
  4. placing an advertising device on premises; or
  5. undertaking work in, on, over or under premises that materially affects premises or their use; or
  6. clearing vegetation including vegetation to which VMA applies; or
  7. undertaking operations of any kind and all things constructed or installed that allow taking, or interfering with, water (other than using a water truck to pump water) under the Water Act 2000, or
  8. undertaking-
    • tidal works; or
    • work in a coastal management district; or
  9. constructing or raising waterway barrier works; or
  10. performing work in a declared fish habitat area; or
  11. removing, destroying or damaging a marine plant; or
  12. undertaking roadworks on a local government road

Reconfiguring a Lot means:

  1. creating lots by subdividing another lot; or
  2. amalgamating 2 or more lots; or
  3. rearranging the boundaries of a lot by registering a plan of subdivision; or
  4. dividing land into parts by agreement (other than a lease for a term, including renewal options, not exceeding 10 years, or an agreement for the exclusive use of part of the common property for a community titles scheme under the Body Corporate and Community Management Act 1997 rendering different parts of a lot immediately available for separate disposition or separate occupation; or
  5. creating an easement giving access to a lot form a constructed road.

Building work means:

  1. building, repairing, altering, underpinning (whether by vertical or lateral support), moving or demolishing a building or other structure; or
  2. work regulated under the building assessment provisions under the Building Act 1975 other than IDAS; or
  3. excavating or filling-
    • for, or incidental to, the activities mentioned in paragraph (a); or
    • 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
  4. supporting (whether vertically or laterally) land for activities mentioned in paragraph (a).

2. What is Town Planning?

Council is responsible for the orderly planning and development of the South Burnett Regional Shire. Town Planning consists of 2 main elements: Statutory Planning and Strategic Planning.

3. Statutory Planning is the way local governments enforce the provisions of the Integrated Planning Act 1997 (IPA). Click here for the Integrated Planning Act 1997

4. The Integrated Planning Act 1997 (IPA) was introduced by the State Government to ensure that development and land use occurs in an orderly and sustainable manner. (Development is required to comply with relevant planning objectives, controls, standards, policies and provisions which are outlined in a document known as the Planning Scheme).

5. Strategic Planning ensures that current planning decisions do not impact on the ability of the South Burnett Regional Council to cater for future growth and development in the longer term. Strategic Planning is an overall approach to planning. A strategy provides a framework within which to work, it clarifies what you are trying to achieve and the approach you intend to use. It does not spell out specific activities.

6. A Planning Scheme is a legal instrument that sets out the provisions for land use, development and protection. The function of a Planning Scheme is to facilitate fair, orderly, economic and sustainable use of land, by providing for the individual needs of an area.

It regulates the use and development of land within the municipality. The Planning Scheme specifies that certain types of use or development can only be carried out if a Development Permit is granted. Click below to download the Planning Scheme for your area.

7. A Development Permit is a legal document that allows a certain use or development to proceed on a specified parcel of land. A Development Permit generally attaches to the land for which it has been granted and is subject to a time limit. Council is entitled to impose conditions when granting a permit.

An application for a development permit does not necessarily result in the approval of an application. Applications for a development permit must be consistent with State, regional and local strategic objectives identified in the Planning Scheme.

A development permit should not be confused with a building approval. A building approval is issued under the Building Regulations 1994 and generally relates only to the construction aspects of a particular building or development. Any building approval issued must be consistent with the requirements of the development permit, including conditions and endorsed plans. For further information on building matters please refer your query to our Building Department.

A development permit must be issued before the development can commence.

8. Integrated Development Assessment System (IDAS)

In 1997, the Queensland Government introduced the Integrated Planning Act 1997 (IPA). IPA established a new system for assessing and placing conditions on development applications in Queensland.

This system is known as the Integrated Development Assessment System (IDAS). IDAS aims to co-ordinate and integrate the assessment and conditioning powers of government agencies responsible for administering a range of legislation dealing with development approvals.

There are 2 types of development under the Integrated Development Assessment System (IDAS) - Code Assessable or Impact Assessable. Click here for IPA and IDAS forms and templates

9. Code Assessable Development means the application is assessed for compliance with any applicable codes in the planning scheme or state IDAS code. Public notification is not required, unless the development is part of a proposal that also involves impact assessable development.

10. Impact Assessable Development involves a broad assessment of the potential effects of the proposal against the planning scheme, any applicable state planning policy and any other laws or standards that can be reasonably applied to the development. Public notification is required and the approval is subject to submitter appeal rights.

11. Types of Development - There are 3 types - Exempt, Self-assessable and Assessable Development.

12. Exempt development - does not require an application to be made or a development permit to be issued prior to the development commencing. There are no codes or standards that must be complied with.

13. Self-assessable development - does not require an application to be made or a development permit to be issued prior to the development commencing. The proponent must ensure the proposal complies with any applicable self-assessable codes under the planning scheme or under state legislation.

14. Assessable development - requires an IDAS development application to be lodged with the assessment manager (Council). A development permit must be issued before the development can commence. Failure to obtain development permits where one is required constitutes a breach of section 4.3.2A of the Act which provides:

"A person must comply with codes mentioned in section 3.1.2(4) when carrying out assessable development."

15. Strategic Land Use Planning

The current development boom in the South Burnett has led to a need to review the current Local Planning Strategy to ensure it remains relevant given the current economic climate and revised population projections. The South Burnett Regional Council is committed to continuing to ensure quality strategic planning decisions can be made that engage community aspirations for the future of the South Burnett.

16. Approximate Time for Application Determination

Generally speaking, once Council receives an application, with all the necessary information, the statutory period for determination is 60 statutory processing days. Statutory processing days exclude the advertising period and revert to zero (0) if further information is requested within 28 days of lodgement of an application. Click here to access Flowchart for determining timeframes

17. Pre-application / enquiry

Council is available for Pre-application/Enquiry meetings to assist you prior to lodging your application to ensure that all the relevant information is provided and the correct forms have been completed. Click here for a Pre-application/Enquiry Form.

18. When to Lodge a Development Application

A town planning application is required if a proposal involves development that is assessable under either the planning scheme or schedule 8 of the IPA, or both. These developments include (but are not limited to)

  • Carrying out building work (eg. constructing an office building or house that includes demolition)
  • Carrying out operational work (eg. laying out the roads in a new subdivision or clearing vegetation)
  • Reconfiguring a lot (eg. subdivision of land, boundary realignments etc.)
  • Making a material change of use of premises (eg. increasing the floor area of an existing business, building a duplex, Caretaker's residences, building a shed on vacant land etc.)
  • Starting a new business from home

Under the IPA, the default assessment category for all development is exempt (therefore no development applications or approval is necessary), unless it has been declared assessable through one or both of the following:

  • Schedule 8 of the IPA
  • A local government's planning scheme

19. Fees and Charges

Council can also advise of the fees that may be related to the development before you start. Please feel free to refer to Council's Fees & Charges for further information Click here for Council's Fees and Charges Schedule.

Please be aware that the payment of fees is required at the time of lodgement. Under IPA S 3.2.12 (7) an application is not considered properly made until all fees have been received. Payment can be made at any of the 4 council offices (EFT, Credit Card facilities are available) or via cheque.

20. Smart eDA

Smart eDA is a State Government initiative supported by the Local Government Association of Queensland (LGAQ).

It provides an intuitive Internet based service for preparing, lodging and assessing applications under the Integrated Development Assessment System (IDAS).