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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.
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.
File Naming Protocol
Other things to note
Contact Council’s Technical Advice Team on 131 872 to obtain further assistance on making a properly made application.
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