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If Council is satisfied that the application meets the requirements of the planning scheme, and any applicable referral agencies are satisfied, a development approval will be issued to the applicant. Approvals will generally always have conditions attached. If the development is not approved, a refusal may be issued.
In the event that Council and the applicant are unable to negotiate a favourable outcome, or if a referral agency directs it, Council may issue a refusal. To appeal a refusal, you will need to contact either the Development Tribunal or the Planning & Environment Court.
If Council approves a development application, the applicant has 20 business days to make an appeal to Council if they wish to change a part of the approval – these are called change representations and may result in a Negotiated Decision Notice or Negotiated Infrastructure Charges Notice being issued. The representations may be in relation to a condition of the approval, the infrastructure charges notice, or both. Alternatively, the applicant can also suspend the appeal period for 20 business days to allow more time to put together the representations.
If you are not lodging change representations, you will not need to supply anything else at this time. After receiving your request, Council will provide confirmation of when the suspension expires.
If you have previously suspended your appeal period and you are now submitting change representations, you do not need to submit the APP027 form again. Change representations can be emailed to development@tr.qld.gov.au with details of how you will be paying for the fee.
Please contact the relevant referral agency directly to discuss appealing a condition provided by a referral agency.
Impact assessable development applications have a formal Public Notification period where submitters have the chance to ‘have their say’ about a development application. People who have made a ‘properly made’ submission are afforded third-party appeal rights to Council’s decision as per Schedule 1 of the Planning Act 2016. If a submitter wishes to appeal a development approval by Council, they need to contact the Planning & Environment Court within the 20 business day appeal timeframe given.
Please note that there are some types of development approvals that do not have an appeal period – as such the above process for submitting change representations does not apply. This includes Minor Change approvals or deemed approvals. If an applicant believes there is an error or wishes to discuss these approvals further, they should contact the responsible officer as soon as possible.
If the appeal period is finished, or the use/activity has already established and the applicant/property owner wishes to make a change to the development approval, please refer to Changes to approvals and extensions of time for further information.
Ensure you have carefully read your development approval to determine if there are other approvals required. This may include Operational Works, Survey Plan Endorsement or Building Works approvals.
The Planning Act 2016 prescribes particular currency periods for applications – i.e. how long the applicant has to act on the application before the application lapses. If the end of the currency period is approaching and the applicant has not acted on their approval yet, but is intending to, please refer to changes to approvals and extensions for more information on submitting a request to extend the appeal period.
Approvals will generally have conditions attached and it’s important that these conditions are complied with on an on-going basis once the use/activity has been established. This may include things such as operating hours, number of carparks, landscaping, dust, lighting or noise. If Council receives a complaint about the use/activity, we are obligated to act on this complaint. Breaches of planning and building legislation has further information about the action which Council may take if a complaint is received.
Once a use/activity has been established, if the applicant/property owner believes there are certain conditions which are inappropriate, they may wish to submit a request to change the application. More information can be found in Changes to approvals and extensions.
Further assistance
For further information please contact the Customer Service Branch on 131 872, or visit your nearest Customer Service Centre
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