ASSESSMENT TASK - Australian BUILDING APPROVALS
Refer to material attachments provided
PREPARE in point form STEP BY STEP PROCEDURE (as per table below) TO SUBMIT A
DEVELOPMENT APPLICATION TO A LOCAL COUNCIL in Brisbane, Australia TO BUILD A 3
BEDROOM 2 STOREY RESIDENCE WITH AN IN-GROUND SWIMMING POOL ON A 1400 M2
BLOCK IN A BUSHFIRE ZONE
• Research the Councils requirements.
• Nominate the rules relating to the council.
• In point form set out the procedure (in the co
ect order) beginning with –
1. what is required to submit the application
2. what documents are required to support the application
3. Provide and attach samples of the documents required
• In point form list what regulatory requirements are necessary.
• List what is required to do if the application is rejected.
RULES DO’S List your rules first (policies) regarding each phase/section of the
task
DO NOT List what must not be done
PROCEDURE
Step by Step tasks to
ca
y out the role
1 - Who is responsible
2 - What needs to be done first
3 - What needs to be next
4 - Now list how it is to be done
4 - In what timeframe is each step to be ca
ied out
5 - If it is applicable – nominate where the task should be ca
ied out OR
where information can be obtained
6 - If it is applicable – nominate how the process is to be recorded or
documented
SUPPORT DOCUMENTS List the co
ect document that must accompany each document
Provide an example of each document (DO NOT FORGET TO INCLUDE SAMPLE
DOCUMENTS – YOU WILL BE MARKED NYC IF SUPPORT
DOCUMENTS ARE REQUESTED AND NOT RECEIVED)
OBLIGATIONS OF
THE PARTIES
PRINCIPAL, CONTRACTOR, SUPERVISOR, SUBCONTRACTOR, WORKER ETC
Where applicable insert what each officers obligations are
CONTINGENCY List any ‘what to do if the wheels fall off’
REVIEW PROCESS By Whom, When, Frequency
Report Process
Follow up
THE DEVELOPMENT ASSESSMENT PROCESS
Every development assessment must go through a standard process from
lodgement to decision. This ensures all applications are assessed with the right
information, by the right people, and follow the same process.
The process is set out in a statutory instrument called the Development
Assessment Rules (or DA Rules).
There are five key parts to the formal DA process:
1. Application.
2. Refe
al.
3. Information request.
4. Public notification; and
5. Decision.
Depending on the development being applied for, the required steps in each
part may vary. Not all parts will apply to all development applications – for
example, only impact-assessable applications and applications involving a
variation request require public notification.
Throughout the process notices are exchanged between assessment manager
and applicant. This ensures the application tracks smoothly through the system.
Before the process begins, and after it finishes, there is:
▪ Pre-lodgement — voluntary but advisable.
▪ Appealing a decision — optional.
Pre Lodgement
While pre-lodgement is not part of the formal DA process, contacting the
assessment manager (and any refe
al agencies that may be involved)
efore lodging an application is always a good idea. This will identify any
potential issues or additional information requirements that can help the
application track through the system smoothly.
https:
planning.dilgp.qld.gov.au/planning
etter-development/key-concepts/da-rules
https:
planning.dilgp.qld.gov.au/planning
etter-development/key-concepts/da-rules
Most assessment managers are the local government concerned.
Occasionally, a local government may outsource certain code-assessable
development applications. It is entirely at the discretion of the local
government whether it wishes to establish these a
angements. The
Planning Act establishes checks and balances for these a
angements so
that the actions and decisions of alternative assessment managers are
transparent and accountable.
Read more about the a
angements for establishing alternative
assessment managers.
If a state or regional interest is involved the assessment manager may be
the state government, through the State Assessment and Refe
al Agency
(SARA).
SARA offers a free pre-lodgement service. Most local governments will
also offer pre-lodgement advice or services for applicants; some may
charge a fee.
Appealing a decision
After a development application has been decided, the Planning Act
specifies certain instances where the applicant or another party can
appeal the decision. This includes anyone who made a properly made
submission during the public notification period.
https:
planning.dilgp.qld.gov.au/planning
esources?query=alternative-assessment-manage
https:
planning.dilgp.qld.gov.au/planning
esources?query=alternative-assessment-manage
TYPES OF ASSESSMENT
Under the Planning Act, there are three types of assessment:
1. Prohibited
2. Accepted
3. Assessable.
There are two kinds of assessable development:
1. Code
2. Impact.
Anyone can lodge an application for any type of development, except prohibited
development, and councils are legally obliged to accept and assess the
application.
Prohibited
Prohibited development is the sort of development that is not allowed under
any circumstances (e.g. a proposal to build a child care centre on contaminated
land). Only the state can prohibit developments. The Planning Regulation 2017
establishes which developments are prohibited.
Accepted
Accepted development does not require an application or an approval but in
some instances the proposal must meet certain requirements set out by council
or by another agency. Accepted development is generally simple, low risk and
completely compatible with the planning intentions for an area — which is why a
development approval is not required.
A typical example is a home-based business that has no impact on the
neighbourhood. But every council sets its own requirements for accepted
development, so check with your local council before you conduct any work or
change to your property or site.
Assessable
Assessable development is development that requires the applicant to submit
an application for assessment and decision by an assessment manager. There
are two types of assessable development: code and impact.
Code assessment helps deliver expected development without undue delay.
Public notification is not required.
Code-assessable applications are assessed against the relevant assessment
enchmarks set out in the council’s planning scheme. Where the application
meets criteria, it will be approved. If it does not meet some criteria, that part of
the application can be refused or approved with conditions.
For example:
Why strong code provisions are important
Under the Planning Act an Assessment Manager can only assess a code-
assessable application against what is clearly expressed in the code (i.e. the
assessment benchmarks). We refer to this as ‘bounded code assessment’,
ecause the assessment manager is bound to consider only what is in the code.
The intent of bounded code assessment is to give community and developers
certainty.
For most development applications, the assessment manager (local or state)
must also publish the reasons for their decision.
A proposal for a multiple dwelling unit in a medium density residential zone is likely
to be categorised as code assessable because the community expects this sort of
development to occur in these places. The applicant still needs to demonstrate how
the proposal complies with the provisions set out in the assessment benchmarks (e.g.
size of building, number of storeys, how set back it is from the road, noise
management etc.). The nature of the approval will depend on whether the proposal
complies with the benchmarks.
Are some assessable developments exempt from the need to lodge an
application?
Occasionally, an assessable development may be deemed accepted
development, which means a development application does not need to be
lodged. For example, a development may have been categorised as assessable
ecause of circumstances that no longer apply. If the sole ground upon which
the development was assessable in the first place no longer exists, then an
exemption certificate may be issued.
The relevant local government or the Chief Executive of the Department of
Infrastructure, Local Government and Planning may issue exemption
certificates. However, they are not obliged to do so.
Each exemption certificate given by either a local government or the chief
executive under section 46 of the Planning Act must be made public on the
elevant website.
So far there are no chief executive exemption
The DA Rules
The DA (development assessment) Rules is an instrument that explains the rules
governing how development applications are assessed in Queensland. It
outlines the process for lodging, assessing and deciding an application and how
public notifications should be conducted. If these rules aren’t followed, the
decision can be appealed for not following due process.
The table below outlines the versions of the DA Rules made and amended. The
table also states when each version of the DA Rules was published by the Chief
Executive of the Department of Infrastructure, Local Government and Planning,
and when the version took effect.
DA Rules version
Date of
publication
Date of
commencement
Development Assessment Rules - version
1.1
4 August XXXXXXXXXXAugust 2017
Development Assessment Rules 17 March XXXXXXXXXXJuly 2017
https:
dilgpprd.blob.core.windows.net/general/da-rules-v1-1.pdf
https:
dilgpprd.blob.core.windows.net/general/da-rules-v1-1.pdf
https:
dilgpprd.blob.core.windows.net/general/DARulesfinalforweb.pdf
BETTER DEVELOPMENT
Better development depends not only on good planning schemes but on how
well development proposals are made and assessed against those schemes.
Queensland's planning legislation provides for the framework and processes for:
â–ª Assessing developments.
â–ª The basics needed to apply for a development.
â–ª The roles, rights and responsibilities of applicants, the community and
decision-makers.
A snapshot of how the system works
▪ Planning schemes are made by councils. They set out the community’s
expectations for the future of their areas and are approved by the
Planning Minister.
â–ª The Planning Regulation 2017 states which entity is responsible for
assessing and deciding the application. This entity is refe
ed to as the
assessment manager. In most cases the assessment manager is the
council. Some applications will also require additional assessment by the
state government or other entities (called refe
al agencies).
â–ª The formal development assessment process begins when an
application is made.
▪ Some developments can go ahead without approval — if they fall into
the category of accepted development. Each council sets its own
equirements for accepted development.
â–ª Where a development approval is required