Planning and Development
The current system governing planning in Queensland is the Planning Act 2016. The Act is designed to provide ‘for an efficient, effective, transparent, integrated, coordinated and accountable system of land use planning and development assessment to facilitate the achievement of ecological sustainability’.
The Queensland Government’s Department of State Development, Manufacturing, Infrastructure and Planning maintains the Planning and Environment (P&E) Court Appeals database. This online database provides information about appeals lodged in the Planning and Environment Court including the appeal number, site address, local government area and a copy of the appeal notice including the grounds for the appeal.
Development Applications (Planning)
Council assesses development under several application types. The application type of your development is dependent upon the type of development, overlays, precincts and site area, and affects the amount of approval you are required to seek from Council. The different types of development are listed below:
Material Change of Use (MCU)
A material change of use of premises means:
- The start of a new use of the premises;
- The re-establishment on the premises of a use that has been abandonded;
- A material increase in the intensity or scale of the use of the premises.
Examples: Changing a retail shop into a food and drink outlet, a 30 site caravan park into a 60 site caravan park, vacant lot into an office, shop or industrial use etc.
Activities that alter the shape or form of the land eg. Earthworks (i.e. filling or excavation), vegetation clearing, the placement of advertising signs; and works on Council's infrastructure such as roadworks. Operational works does not include:
- Building work
- Plumbing or Drainage work
Reconfiguring a Lot
Subdividing the land or making changes to the boundaries for example:
- Subdividing one lot into one or more lots;
- Dividing land into parts by agreement;
- Re-aligning the boundary of a lot;
- Creating an access easement.
DA Form 1 – Development application details form must be completed when making an application for the above lodgement types.
Categories of Development and Assessment
Accepted development allows a person undertaking a development to complete their own assessment. This type of development does not require a Development Approval from Council. The development is to be assessed against all the identified accepted outcomes of the applicable codes identified in the assessment benchmarks column and any applicable overlay codes of the planning scheme; and comply with the accepted outcomes of the applicable codes.
Code assessable development
Code assessable development is to be assessed against all the assessment benchmarks identified in the assessment benchmarks column and any applicable overlay codes of the planning scheme; and complies with the purpose and overall outcomes of the code and the performance or acceptable outcomes of the code. An application is required to be lodged to Council.
Impact assessable development
Impact assessable development is to be assessed against the identified benchmarks in the assessment benchmarks column including zone codes, use codes, overlay codes and strategic framework. Public notification is required to be undertaken by the applicant. An application is required to be lodged to Council.
Development Applications (Building)
Development Approvals for Building Work must be obtained before commencing any building work (including renovations, alterations or additions to any building or structure on your property) and for the erection of carports, outdoor areas, gazebos, swimming pools and swimming pool fences, spas, retaining walls, shipping containers and the like.
A DA Form 2 – Building work details form must be completed when lodging Building Work applications.
Lodgement by a Private Certifier
Building Applications can be lodged by a Private Certifier.
Please note: On lodgement of building work documentation and notice that a Private Certifier has been engaged, Council requires payment of fee including Archival Fee.
Variation to boundary setback
The boundary setback requirements for erecting a new building on your property is 6m from any road frontage (including back lanes and side roads) and 1.5m from any side boundary. If you wish to locate a building within these measurements, you will be required to complete a Referral Agency Assessment Application Alternative Siting Assessment form (please contact the Council office for a copy of this form). The information received in this form will be assessed by Council's Building Certifier who will make a recommendation to Council. A decision will then be made at a Council meeting.
Certificate of Classification/Change of Classification
Since April 1976, it has been mandatory for a Certificate of Classification to be issued for all new commercial/industrial premises. Since April 1998, with the introduction of private building certification, a Certificate of Classification is required to be issued whenever a permit has been issued and works have been satisfactorily completed for new, additions or alterations to a commercial/industrial type building.
An Application for Certificate of Classification for a building or structure built before 30 April 1998 / Change of Classification form must be completed if you require a Certificate of Classification/Change of Classification.
Active supervision and learning to swim are key to ensuring the safety of young children around water, especially pools. Abiding by Pool Safety laws is mandatory in Queensland and if your pool or spa (including portable pool or spa) can hold at least 300mm of water, then the pool safety laws apply. In Queensland, this means all regulated swimming pools are required to meet the single swimming pool barrier standard. This standard, designed to increase pool safety and simplify pool safety laws, covers such things as the height and strength of barriers, mandatory non-climbable areas, gate-latching requirements and preventing direct access from a building into a pool area and applies to new and existing pools in houses, unit complexes, hotels, motels, backpacker accommodation, caravan parks and mobile van parks. It is the responsibility of the pool owner to not only ensure their pool is compliant with the safety standard, but to ensure their pool is registered.
Penalties, including on the spot fines, are applicable for noncompliance and failing to register. If you are selling or leasing a property with a pool, you must ensure you have a valid pool safety certificate.
The Queensland Building and Construction Commission website contains valuable information regarding pool safety including making sure your pool is compliant and how to register your pool or check if your pool is registered.
The Queensland Government’s Department of Housing and Public Works website contains information regarding the various laws and regulations that govern plumbing and drainage work in Queensland. If you are considering conducting any plumbing or drainage work within the Boulia Shire, please contact Council to ensure that you do not require any development approvals for your works.
Permits and Licences
Our shire is home to diverse, pristine and culturally sensitive environments. Council has a duty of care to preserve and protect our shared environment so it continues to underpin our history, lifestyle and economy and to provide a safe and pleasant environment for families to live and work in. To help fulfil these obligations, Council employs the services of an Environmental Health Officer who assists in ensuring all activities conducted within the shire, for example -
- Food Licencing – cafes and restaurants, food trucks and market stalls, food safety training;
- Pollution – air, noise and water pollution;
- Health – asbestos, mosquitoes;
- Personal Appearance – beauty or hair salons;
- Waste – illegal dumping and littering;
meet with environmental guidelines, are sustainable and comply with the various laws, acts and regulations that are in place.
Council’s Local Laws and Subordinate Local Laws provide for a legal and procedural framework for the administration, implementation and enforcement of the local government’s local laws, subordinate local laws and other regulatory powers and for miscellaneous administrative matters. Within this framework, there are some circumstances that call for permits to be issued prior to certain activities being able to be carried out (for example advertising signage, gates & grids, keeping domestic animals).
For more information regarding any of the above mentioned planning or development matters, please contact the Council Administration Office on (07) 4746 3188 or firstname.lastname@example.org
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