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The Planning Act 2016 (the Act) is Queensland’s principal development legislation that coordinates planning at the local, regional and state levels. The Act manages the processes by which development occurs and includes provisions relating to:
Section 51 of the Act outlines a series of mandatory criteria that an application must satisfy to be deemed to be a properly made application. It is important that applicants satisfy the requirements for properly made applications under the Act so that Council is able to accept the application.
All development applications must be properly made in accordance with Section 51 of Act and its regulations. For a development application to be properly made it must be accompanied by:
The Toowoomba Regional Planning Scheme is the relevant planning scheme for development applications made within the Toowoomba Regional Council local government area. Applicable codes for a development application may include:
zone codes;
local plan codes;
overlay codes;
statewide codes;
use codes; and
development codes.
All applications under the Toowoomba Regional Planning Scheme must satisfy the mandatory requirements of the Act.
Schedule 6 of the planning scheme comprises Planning Scheme Policies. Planning Scheme Policy No.1 sets out the requirements for the preparation of development applications made to Toowoomba Regional Council under the Act.
+ - Mandatory requirements for Reconfiguring a Lot application Click to collapse All applications for Reconfiguring a Lot must provide a site plan and a statement about how the proposed development addresses the planning scheme and any other documents that are relevant to the application; Additional relevant information can assist in Council’s assessment of the application and contribute to a timely decision. In the case of subdivision by lease, three copies of the relevant agreement, dealing or instrument executed by the parties concerned are to be submitted with the application together with copies of the plans incorporated in the agreement, dealing or instrument; and Proposed lots must be able to identify road centrelines, proposed intersections and cul-de-sac heads, proposed open space and drainage reserves must be appropriately staked or marked for ease when undertaking a site inspection. + - Mandatory requirements for Building and/or Operational Works applications Click to collapse All applications for Operational Works must provide a site plan and a statement about how the proposed development addresses the planning and any other documents that are relevant to the application; and Furthermore, all applications for Operational Works involving earthworks, roadwork, stormwater drainage, water reticulation, wastewater reticulation, street lighting, public utility services and landscape works should provide drawings that reflect on all points identified in Planning Scheme Policy No.1 - Mandatory requirements for Building and/or Operational Works applications. + - Additional information required by development and overlay codes Click to collapse Section SC6.1.6 of the Planning Scheme entitled ‘Additional information required by development and overlay codes’ in Planning Scheme Policy No.1 sets out additional information requirements triggered by specific development and overlay codes. Codes that are applicable include: Bushfire hazard overlay code - A site specific bushfire hazard assessment and bushfire management plan must be provided. Flood hazard overlay code - Flood hazard assessment must be provided. Environmental significance overlay code - An ecological assessment report of the site and surrounding area must be provided to show compliance with performance outcomes. Building envelopes must be shown on site plans. The purpose of this report is to help minimise adverse impacts on ‘areas of ecological significance and waterways and wetlands’ and to maximise the beneficial impacts of the development. This report should also be prepared by a suitably qualified person, and follow all other preparation requirements as identified in Appendix 1 in SC4.1 – Planning Scheme Policy No.1 – Development application requirements. Agricultural land overlay code - Development applications for non-agricultural development must provide a land resource assessment in accordance with SPP1/92 Planning guidelines: The identification of good quality agricultural land. Neighbourhood character overlay code - A neighbourhood character assessment must be undertaken if demolition of a neighbourhood character place is proposed. The neighbourhood character assessment matrix is located in Appendix 2 in SC4.1 – Planning Scheme Policy No.1 – Neighbourhood character assessment. Heritage overlay code - A Heritage Impact Statement and Conservation Management Plan must be provided before development can occur if it is affected by the heritage overlay. Extractive industry code - A biodiversity impact assessment, an Environmental Management Plan, an Integrated Water Cycle Management Plan, a noise and vibration impact assessment, an Air Pollution Management Plan, a Water Management Plan, a traffic analysis and a Management Plan must be provided. Integrated water cycle management code - A Stormwater Quality Management plan, Erosion and Sediment Control Plan, Waste Water Management Plan and a Monitoring and Maintenance Plan must be provided. Transport, access and parking code: Preparation of a traffic impact assessment report is required. Landslide hazard overlay code: A site specific geo-technical analysis must be provided. + - Referral triggers Click to collapse There can be times when the State Government, or other agency, has an interest in a development application. These development applications are required to be lodged to these agencies for their comment as well. Other agencies can include the Queensland Fire and Emergency Service, or Ergon Energy. The Planning Regulation 2017 sets out when another agency is required to have input into an application.Some of these triggers can include, but not limited to: development on or near a state-controlled road; development near a railway line; or development located in an easement for the benefit of distribution of electricity. The applicant will be required to contact the relevant referral agency to determine their requirements. Ways to submit an applicationOnline - preferred methodDevelopment - Referral agency response building works assessable against the Building Act for a discretion/concession building form APP 005 (online) - registration requiredDevelopment - Referral agency response building works assessable against the Building Act for the Planning Scheme form APP 005 (online) - registration requiredFurther information about the online portal can be found in the 'Submit your development application online' article.EmailPDF applications can be emailed to development@tr.qld.gov.au.In personPDF applications can be submitted in person to your local customer service centre.The application must be submitted to meet Council’s requirements. 1 hardcopy of all application forms, plans and supporting documentation; or A CD or thumb drive, with the documents saved as separate PDF files not more than 2MB each in size, and saved in the following order: application forms and owner’s consent (if required) plans other supporting information, such as: - reports (each saved separately);- an outline of the development proposal;- details of how the application addresses the relevant codes and constraints;- any additional information requested on the forms; and- any supporting information for the Priority Infrastructure Plan.Related informationDevelopment - Referral agency response building works assessable against the Building Act for a discretion/concession building form APP 005 (online) - registration requiredDevelopment - Referral agency response building works assessable against the Building Act for the Planning Scheme form APP 005 (online) - registration requiredDevelopment - Referral agency response building works assessable under the Building Act form APP 005 (PDF for print)Toowoomba Regional Planning SchemePlanning Regulation 2017Planning Act 2016Further assistanceContact Council’s Technical Advice Team on 131 872 to obtain further assistance on making a properly made application. 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+ - Mandatory requirements for Building and/or Operational Works applications Click to collapse All applications for Operational Works must provide a site plan and a statement about how the proposed development addresses the planning and any other documents that are relevant to the application; and Furthermore, all applications for Operational Works involving earthworks, roadwork, stormwater drainage, water reticulation, wastewater reticulation, street lighting, public utility services and landscape works should provide drawings that reflect on all points identified in Planning Scheme Policy No.1 - Mandatory requirements for Building and/or Operational Works applications. + - Additional information required by development and overlay codes Click to collapse Section SC6.1.6 of the Planning Scheme entitled ‘Additional information required by development and overlay codes’ in Planning Scheme Policy No.1 sets out additional information requirements triggered by specific development and overlay codes. Codes that are applicable include: Bushfire hazard overlay code - A site specific bushfire hazard assessment and bushfire management plan must be provided. Flood hazard overlay code - Flood hazard assessment must be provided. Environmental significance overlay code - An ecological assessment report of the site and surrounding area must be provided to show compliance with performance outcomes. Building envelopes must be shown on site plans. The purpose of this report is to help minimise adverse impacts on ‘areas of ecological significance and waterways and wetlands’ and to maximise the beneficial impacts of the development. This report should also be prepared by a suitably qualified person, and follow all other preparation requirements as identified in Appendix 1 in SC4.1 – Planning Scheme Policy No.1 – Development application requirements. Agricultural land overlay code - Development applications for non-agricultural development must provide a land resource assessment in accordance with SPP1/92 Planning guidelines: The identification of good quality agricultural land. Neighbourhood character overlay code - A neighbourhood character assessment must be undertaken if demolition of a neighbourhood character place is proposed. The neighbourhood character assessment matrix is located in Appendix 2 in SC4.1 – Planning Scheme Policy No.1 – Neighbourhood character assessment. Heritage overlay code - A Heritage Impact Statement and Conservation Management Plan must be provided before development can occur if it is affected by the heritage overlay. Extractive industry code - A biodiversity impact assessment, an Environmental Management Plan, an Integrated Water Cycle Management Plan, a noise and vibration impact assessment, an Air Pollution Management Plan, a Water Management Plan, a traffic analysis and a Management Plan must be provided. Integrated water cycle management code - A Stormwater Quality Management plan, Erosion and Sediment Control Plan, Waste Water Management Plan and a Monitoring and Maintenance Plan must be provided. Transport, access and parking code: Preparation of a traffic impact assessment report is required. Landslide hazard overlay code: A site specific geo-technical analysis must be provided. + - Referral triggers Click to collapse There can be times when the State Government, or other agency, has an interest in a development application. These development applications are required to be lodged to these agencies for their comment as well. Other agencies can include the Queensland Fire and Emergency Service, or Ergon Energy. The Planning Regulation 2017 sets out when another agency is required to have input into an application.Some of these triggers can include, but not limited to: development on or near a state-controlled road; development near a railway line; or development located in an easement for the benefit of distribution of electricity. The applicant will be required to contact the relevant referral agency to determine their requirements. Ways to submit an applicationOnline - preferred methodDevelopment - Referral agency response building works assessable against the Building Act for a discretion/concession building form APP 005 (online) - registration requiredDevelopment - Referral agency response building works assessable against the Building Act for the Planning Scheme form APP 005 (online) - registration requiredFurther information about the online portal can be found in the 'Submit your development application online' article.EmailPDF applications can be emailed to development@tr.qld.gov.au.In personPDF applications can be submitted in person to your local customer service centre.The application must be submitted to meet Council’s requirements. 1 hardcopy of all application forms, plans and supporting documentation; or A CD or thumb drive, with the documents saved as separate PDF files not more than 2MB each in size, and saved in the following order: application forms and owner’s consent (if required) plans other supporting information, such as: - reports (each saved separately);- an outline of the development proposal;- details of how the application addresses the relevant codes and constraints;- any additional information requested on the forms; and- any supporting information for the Priority Infrastructure Plan.Related informationDevelopment - Referral agency response building works assessable against the Building Act for a discretion/concession building form APP 005 (online) - registration requiredDevelopment - Referral agency response building works assessable against the Building Act for the Planning Scheme form APP 005 (online) - registration requiredDevelopment - Referral agency response building works assessable under the Building Act form APP 005 (PDF for print)Toowoomba Regional Planning SchemePlanning Regulation 2017Planning Act 2016Further assistanceContact Council’s Technical Advice Team on 131 872 to obtain further assistance on making a properly made application. Previous Next
+ - Additional information required by development and overlay codes Click to collapse Section SC6.1.6 of the Planning Scheme entitled ‘Additional information required by development and overlay codes’ in Planning Scheme Policy No.1 sets out additional information requirements triggered by specific development and overlay codes. Codes that are applicable include: Bushfire hazard overlay code - A site specific bushfire hazard assessment and bushfire management plan must be provided. Flood hazard overlay code - Flood hazard assessment must be provided. Environmental significance overlay code - An ecological assessment report of the site and surrounding area must be provided to show compliance with performance outcomes. Building envelopes must be shown on site plans. The purpose of this report is to help minimise adverse impacts on ‘areas of ecological significance and waterways and wetlands’ and to maximise the beneficial impacts of the development. This report should also be prepared by a suitably qualified person, and follow all other preparation requirements as identified in Appendix 1 in SC4.1 – Planning Scheme Policy No.1 – Development application requirements. Agricultural land overlay code - Development applications for non-agricultural development must provide a land resource assessment in accordance with SPP1/92 Planning guidelines: The identification of good quality agricultural land. Neighbourhood character overlay code - A neighbourhood character assessment must be undertaken if demolition of a neighbourhood character place is proposed. The neighbourhood character assessment matrix is located in Appendix 2 in SC4.1 – Planning Scheme Policy No.1 – Neighbourhood character assessment. Heritage overlay code - A Heritage Impact Statement and Conservation Management Plan must be provided before development can occur if it is affected by the heritage overlay. Extractive industry code - A biodiversity impact assessment, an Environmental Management Plan, an Integrated Water Cycle Management Plan, a noise and vibration impact assessment, an Air Pollution Management Plan, a Water Management Plan, a traffic analysis and a Management Plan must be provided. Integrated water cycle management code - A Stormwater Quality Management plan, Erosion and Sediment Control Plan, Waste Water Management Plan and a Monitoring and Maintenance Plan must be provided. Transport, access and parking code: Preparation of a traffic impact assessment report is required. Landslide hazard overlay code: A site specific geo-technical analysis must be provided. + - Referral triggers Click to collapse There can be times when the State Government, or other agency, has an interest in a development application. These development applications are required to be lodged to these agencies for their comment as well. Other agencies can include the Queensland Fire and Emergency Service, or Ergon Energy. The Planning Regulation 2017 sets out when another agency is required to have input into an application.Some of these triggers can include, but not limited to: development on or near a state-controlled road; development near a railway line; or development located in an easement for the benefit of distribution of electricity. The applicant will be required to contact the relevant referral agency to determine their requirements.
Section SC6.1.6 of the Planning Scheme entitled ‘Additional information required by development and overlay codes’ in Planning Scheme Policy No.1 sets out additional information requirements triggered by specific development and overlay codes. Codes that are applicable include:
There can be times when the State Government, or other agency, has an interest in a development application. These development applications are required to be lodged to these agencies for their comment as well. Other agencies can include the Queensland Fire and Emergency Service, or Ergon Energy. The Planning Regulation 2017 sets out when another agency is required to have input into an application.
Some of these triggers can include, but not limited to:
The applicant will be required to contact the relevant referral agency to determine their requirements.
Development - Referral agency response building works assessable against the Building Act for a discretion/concession building form APP 005 (online) - registration required
Development - Referral agency response building works assessable against the Building Act for the Planning Scheme form APP 005 (online) - registration required
Further information about the online portal can be found in the 'Submit your development application online' article.
PDF applications can be emailed to development@tr.qld.gov.au.
PDF applications can be submitted in person to your local customer service centre.
The application must be submitted to meet Council’s requirements.
- reports (each saved separately);
- an outline of the development proposal;
- details of how the application addresses the relevant codes and constraints;
- any additional information requested on the forms; and
- any supporting information for the Priority Infrastructure Plan.
Development - Referral agency response building works assessable under the Building Act form APP 005 (PDF for print)
Toowoomba Regional Planning Scheme
Planning Regulation 2017
Planning Act 2016
Contact Council’s Technical Advice Team on 131 872 to obtain further assistance on making a properly made application.