Details
Last Updated: Thursday, 02 May 2024 10:56

The now repealed Sustainable Planning Act 2009 (SPR) and Planning Regulation 2017 (PR) allows Council to resolve to assess building work, as a referral agency, where Council considers it may have an extremely adverse effect on the amenity or character of the locality in which the work is proposed to be carried out.

At its Ordinary Meeting on 13 December 2016, Council made a new resolution with respect to its referral agency jurisdiction for such building work. 

 

Amenity and aesthetics referral triggers

The referral agency jurisdiction applies only to the amenity and aesthetic impacts of building work for development that has been declared to be accepted development in the PR, and which satisfies the criteria outlined below:

Building work for a building or structure that:

  1. is for a single detached class 1(a)(i) building and/or class 1(a)(ii) building comprising not more than 2 attached dwellings; and/or
  2. is for a class 10 building or structure in the Low Density Residential zone, the Low-medium Density Residential zone, the Rural Residential zone or the Township zone, and covered by the Heritage Overlay Code and/or the Neighbourhood Overlay Code of the Toowoomba Regional Planning Scheme 2012; and/or

iii.   is for a class 10 building or structure that exceeds 8.5 metres in height above natural ground level; and

  1. is located in the residential zones categories outlined in Attachment 1 to this website article; and
  2. is not development that already has a Development Permit for Material Change of Use or Development Permit for Building Works/Planning Scheme Works assessable against the Toowoomba Regional Planning Scheme 2012; and
  3. is not identified as ‘Accepted Development’ in the Toowoomba Regional Planning Scheme 2012; and

vii. is of a form/type (including repair, renovation, alteration or addition) that exceeds the maximum stated preferred height and/or that does not comply with the Acceptable Outcomes of the applicable Planning Scheme Codes listed in Attachment 2 to this website article.

Council has further resolved that the Planning Scheme Codes listed in Attachment 2 to this website article for development within the relevant Planning Scheme zones, represent the applicable codes in the Planning Scheme/s for Council’s Referral Agency assessment of the amenity and aesthetic impacts associated with the form of the building or structure, if the Building Work is carried out.

 

How to submit a request for an Amenity and Aesthetics referral agency response

Online application - preferred method

Online customer service portal - Register (top right hand corner) and then select 'Development applications'.

Further information about the portal can be found in Submit your development application online

Email 

The Development - Referral Agency Response building works assessable against the Building Act APP 005 (for print) can be emailed to development@tr.qld.gov.au. The form must be accompanied by the required documents outlined on the form, and the prescribed assessment fee as per Council’s Fees and Charges schedule. 

In person

The Development - Referral Agency Response building works assessable against the Building Act APP 005 (for print) can be submitted in person to your local customer service centre. The form must be accompanied by the required documents outlined on the form, and the prescribed assessment fee as per Council’s Fees and charges schedule.

 

Further assistance

For further information about amenity and aesthetics assessment for building work, please phone Council’s Technical Advice Officers on 131 872, or visit your nearest Customer Service Centre.

 

Related information

 

Attachment 1

Residential zones in the Toowoomba Regional Planning Scheme 2012:

  • Low Density Residential Zone
  • Low-medium Density Residential Zone
  • Mixed Use Zone
  • Township Zone
  • Rural Residential Zone
  • Rural Zone
  • Emerging Communities Zone 

Attachment 2

Toowoomba Regional Planning Scheme 2012 Planning Scheme Codes for the Toowoomba Regional Council’s Concurrence Agency Assessment (as relevant / applicable to the type of development proposed: e.g. house, dual occupancy e.t.c.):

  • Low Density Residential Zone Code
  • Low-medium Density Residential Zone Code
  • Township Zone Code
  • Rural Residential Zone Code
  • Mixed Use Zone Code
  • Rural Zone Code
  • Emerging Community Zone Code
  • Highfields, Meringandan and Meringandan West Local Plan Code
  • Glenvale Local Plan Code
  • Heritage Overlay Code
  • Neighbourhood Character Overlay Code
  • Scenic Amenity Overlay Code