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Do I Require A Development Approval?

Brisbane City Council (BCC) Development Approvals are necessary when your proposal doesn’t comply with the ‘accepted development’ criteria

A Development Application is a formal request to a Local Government that seeks approval to carry out an assessable development project. 

If you're undertaking one of the following, there’s a high chance you’ll require a Development Application:

  • Building work

  • Operational work

  • Reconfiguration of a lot (subdivision)

  • Material Change of Use (changing the use of a land or increasing its scale of use)

In Brisbane, not all proposals require a Development Application, but a lot do. Applications are required for numerous reasons, so it’s best to seek preliminary advice from one of our planners to see if you need Council approval, before starting any work. 

Building work typically involves:

  • Construction of a new residential dwelling

  • Demolition or partial demolition of a residential dwelling

  • Extensions to an existing residential dwelling

  • Relocation of an existing residential dwelling

If the work you're undertaking aligns with any of these, you’ll almost certainly require the services of a Private Building Certifier. In addition, a Local City Plan instrument may also dictate that you require Development Approval from Council. 

The easiest way to establish if your proposed works requires a Development Application is to contact one of our Town Planning Professionals who can provide you with this answer promptly.

Operational work in Brisbane typically involves one of the following:

  • Filling
  • Excavation
  • Road works / Other infrastructure installation
  • Tidal work

Generally, most Operational Work Approvals occur due to the conditions of a Development Approval.

At this stage, one of our Town Planners will have already provided you with guidance and connected you with any necessary external specialist consultants for your Operational Works Approval.

A proposal to subdivide land or reconfigure existing boundaries will nearly always require Development Approval. 

Our Town Planners can provide an overview of the level of assessment of your Application, and provide feedback on the likelihood of success. 

Examples of subdivision planning that will require Development Approval include:

  • Creating new lots

  • Reconfiguring the existing boundaries of a lot

  • Volumetric subdivisions

  • Creating an easement to give a lot access from a road

Examples of subdivision planning that generally do not require a Development Approval include:

  • Amalgamating lots

  • Subdivision for road widening / truncations

  • Building format plans

A Material Change of Use can mean any of the following:

  • A new use to the premises

  • The re-establishment of an abandoned use on a premises

  • A material increase in the intensity or scale of the use of a premises

Examples of a Material Change of Use include, but are not limited to:

  • Establishing a new dwelling house on vacant land

  • Establishing a business use in a premises that is currently only approved for residential use

  • Intensification of a dwelling house into a dual occupancy for multiple dwellings

There are a large volume of site specific variables that impact the level of assessment necessary for a Material Change of Use. It is recommended that you contact one of our Town Planners who can provide you with prompt and accurate guidance.

How long does a Development Approval last?

Sections 85 and 88 of the Planning Act, 2016 outline the default currency periods of various approval types.
It’s important to note that Council has the ability to override any currency period, and they can offer extensions to currency periods under section 86 of the Act. These are assessed on a site by site basis (i.e. The Council is not obliged to extend your approval). If you require assistance for an extension to an approval, one of our Town Planners can assist. It’s important to extend approvals well before they expire, enabling suitable timeframes for Council to undertake assessments.

Default Currency Periods:

  • Material Change of Use: 6 years

  • Reconfiguring a Lot: 4 years

  • Building Work: 2 years 

If the approval is staged, any works completed within the currency period are lawful, with the remaining stages not lapsing. 

With the development approval are conditions which do not lapse with the currency period. Condition of Approval apply to the site, its current owners, and any future owners until the use ceases.

As a purchaser, it is your responsibility to do your due diligence and ensure that all of these conditions are being followed and maintained. Non-compliance with the conditions of approval can lead to the Council issuing a Show Cause or enforcement notice.

Contact our Town Planners in Brisbane today

Request your free consultation valued at $450

You'll receive

  • Initial discussion and advice

  • Advice on immediate pain points

  • Advice on the process

  • Advice on timeframes and costs

  • Likelihood of success

  • An outline of opportunities and constraints

  • An understanding which other consultants need to be involved in the process

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