Preparing a quality development application and checking it is properly made is key to ensuring it can be fully assessed in a timely manner. If an application is ‘not properly made’ as defined by the Planning Act 2016, it can result in time delays, and the application being unable to be accepted.
An application that complies with legislative requirements is a properly made application. To make a properly made application you must ensure your application:
Your application cannot be progressed by Council until it is properly made.
When an application does not have the information required to assess it correctly, assessment timeframe delays may occur, and an action notice and/or a request for further information may be issued. If you are unsure about what additional information Council will need to assess the application, it may be beneficial to book a pre-lodgement meeting with Council assessment officers.
To make a development application, you must use one or both of the following state-regulated forms, depending on your proposal:
The DA form lists what documents are required as a minimum to make the application properly made. These include:
For further information see the DA Forms Guide: Relevant Plans
In addition to your properly made application, Council recommends you supply the following supporting information, where applicable to your development:
For more information on required reports and studies, refer to SC6.4 Development Manual Planning Scheme Policy of the Townsville City Plan.
Note: If you are lodging your application by email or using our online Development Application Lodgement form, it is beneficial to consider the quality of the documents you are providing. The preferred format for development applications is PDF. Council appreciates if the following guidelines are adhered to when lodging documents:
Payment of application fees must be received before an application can be deemed properly made and assessed.
It is recommended that fees are paid at the time of lodging. If an application is lodged without payment, Council may issue an action notice requiring payment. After receiving an action notice, applicants have 20 business days to pay the application fee before the application is deemed not properly made and returned.
To calculate your application fee, refer to the Planning Services Fees and Charges schedule.
A consultant will help ensure your application is properly made. If you are unsure about how to make a development application or the development assessment process, hiring a consultant may be a preferred option.
The owner of the land on which a development application relates to may need to give consent, depending on the type of application. For the application to be properly made, the owner must provide written consent, or the applicant can make a declaration as part of the application that the owner has given written consent to the making of the application.
Section 51 (2) of the Planning Act 2016 states:
(2) The application must be accompanied by the written consent of the owner of the premises to the application, to the extent:
For more information download the Queensland Government's obtaining owner's consent information sheet.
Where the state has legislative interest in the application, the state must assess any development applications. State government referrals are assessed by the State Assessment and Referral Agency (SARA). It is important to identify external referrals when the application is lodged. You will then need to refer the application to those identified agencies once Council issues the confirmation notice.
Once you have prepared your application and ensured it is well and properly made, the next step is to lodge it with Council.
An application can be submitted to Council by one of the following methods:
After you lodge your application, your application's assessing officer will contact you. You will have the opportunity to communicate with them throughout the assessment of your application.
The first step in assessing an application is to check if the application is properly made. Properly made requirements are regulated by Section 51 Making development applications of the Planning Act 2016.
If the application is not properly made, you will receive an action notice identifying items to be addressed. If the application is properly made, the confirmation period ends and the next stage will commence. A confirmation notice may be sent at this stage to end Part 1: Application stage.
Where the state has legislative interest in the application, the state must assess the development application. State government referrals are assessed by the State Assessment and Referral Agency (SARA). This is Part 2: Referral stage.
The assessment officer will then commence the assessment of the application against relevant legislation, planning scheme codes and policies and the State Planning Policy. You may have to provide further information if there is insufficient information to allow a decision to be made. This is Part 3: Information request stage.
If the application has the assessment level of impact assessable, at this point you will have to undertake public notification. In this instance, you can refer to Chapter 3, Section 53, Publicly notifying certain development applications of the Planning Act 2016 to identify the requirements for public notification.
Code assessable applications will generally be decided under delegated authority within the Planning Section. Impact assessable applications may require full Council approval, otherwise they will be decided under delegated authority.
Once this is completed, a decision notice will be sent to you to let you know the outcome of your application.
Read the Development Assessment Process information page to find out more.
A decision notice may contain conditions requiring you to obtain further approvals or compliance assessment.
Infrastructure charges are levied against developers by Council when a development assessment incurs trunk infrastructure costs. Trunk infrastructure is the key infrastructure that provides support to the Townsville area, including sewer, water supply, transport and parks. Your development application may trigger infrastructure charges, even if it is accepted development. For more information, visit our Infrastructure Charges page.
A successful application is approved subject to conditions. The more common conditions imposed by Council have been standardised to provide the industry with consistent and acceptable outcomes.
Council takes a hard line against anyone ignoring planning and development rules by erecting or demolishing structures without the proper approval. Where the community suspects unauthorised building work, plumbing and drainage work or violations to acceptable land use is being carried out, the Council is on hand to investigate. Through its compliance area, Council officers will track reports of concern relating to:
Investigation officers will assess the situation and notify the owner if a violation has been detected. Owner's risk being forced to remove unapproved structures - at their own expense - in extreme cases. In most cases Council asks the owner respond to a show cause notice and obtain the appropriate approval in retrospect.
Where the violation presents an immediate threat to the health and safety of the community and where the response from the owner has been unacceptable, an enforcement notice will be issued.
It is therefore recommended that if an owner is unsure about whether a structure requires approval they should contact Council.
