Planning approval
Types of development
To determine what approvals may be required, it is first necessary to identify the type of development you are proposing. Each type of development involves a different application process. A proposed development may involve one or more of the following types of development, as defined in Schedule 2 of the Planning Act 2016:
- making a material change of use of premises (e.g. starting a new use or increasing the scale or intensity of an existing use)
- reconfiguring a lot (e.g. subdivision of land or rearranging lot boundaries)
- carrying out building work (e.g. building, repairing, altering or demolishing a building)
- carrying out operational work (e.g. filling or excavation, civil and landscaping works, vegetation clearing and placing an advertising device on premises
Key information about your property
You will need to obtain key property information about your site in order to determine the type of approval required for your proposed development.
Identified in the Bundaberg Regional Council Planning Scheme 2015, this key information includes:
- determining the applicable zone and if relevant, zone precinct by reference to Schedule 2 (Mapping), SC2.2 (Zone maps);
- determining if the development site is affected by a local plan by reference to Part 7 (Local plans);
- identifying any overlays affecting the development site by reference to Schedule 2 (Mapping), SC2.3 (Overlay maps) and, where relevant, the State Planning Policy (SPP) interactive mapping system; and
- for development involving a Material Change of Use, reference should be made to the Use terms and definitions included at Schedule 1 (Definitions).
Council’s Interactive Mapping makes it easier to identify any zoning and precincts, local plans and overlays applicable to your property, as well as determining the site area. From the Interactive Mapping, a 2015 Adopted Planning Scheme Parcel Report can also be generated, containing specific information about your property.
After obtaining this information, you can then identify any planning and development requirements applicable to your proposed development in the Bundaberg Regional Council Planning Scheme 2015.
A User Guide has been prepared to assist you in navigating the Bundaberg Regional Council Planning Scheme.
Levels of Assessment
The tables of assessment in Part 5 of the Bundaberg Regional Council Planning Scheme identify the category of development and category of assessment for the different types of development (i.e. material change of use, reconfiguring a lot, building work and operational work) and the circumstances where development ‘triggers’ assessment against an overlay code.
These levels of assessment determine whether your proposed development requires an application, and the type of application process necessary. The type of application and level of assessment required is determined by key information (i.e. the type of development proposed, zoning, precincts, overlays, local plans and site area) that may apply to your property.
The different categories of development and assessment are identified below:
Accepted development
A development approval is not required. However, approvals may still be required for related development (e.g. building work and operational work). Also, approvals or permits may still be required under other legislation (e.g. building work assessable under the Building Act) or Council local laws.
Accepted development subject to requirements
Some accepted development must comply with certain requirements to remain accepted. While a development approval is not required from Council or another assessment manager, the proposed development is still required to comply with the acceptable outcomes of the applicable code(s) in the planning scheme and any relevant requirements specified in the Planning Regulation. Where the proposed development cannot meet one or more of the acceptable outcomes of the applicable code(s) it becomes assessable development requiring code assessment and a development approval is then required from Council or other specified assessment manager.
As with other Accepted Development, it is important to check whether other approvals are required for related development (e.g. Building work and Operational work). Also, approvals or permits may still be required under other legislation (e.g. building work assessable under the Building Act) or Council local laws.
Code assessable development
Development requires a development approval from Council under the planning scheme or other specified assessment manager and will be assessed against the assessment benchmarks identified as being applicable to the development. Development must address the purpose, overall outcomes and the performance and acceptable outcomes contained in the codes relevant to the development.
However, if the development is made code assessable only because it does not meet some applicable and acceptable outcomes, assessment is limited to the matters of non-compliance. A code assessable development application does not require public notification.
Impact assessable development
Development requires a development approval from Council under the planning scheme or other specified assessment manager, and will be assessed against the planning scheme as a whole and any other relevant assessment benchmarks specified in the Planning Regulation. An impact assessable development application requires public notification and provides third party appeal rights to any submitters.
Development guidance fact sheets
Council has developed the fact sheets below to provide guidance on the most common types of development:
- Home-based business
- Reconfiguration of a lot in low density residential zone
- Multiple units
- Rural boundary realignment
- Sheds and carports
- Secondary Dwellings
- Dual Occupancy
Types of Approval
If your proposed development requires approval, it is important to identify what type of approval is needed. For development, Council issues the following types of approval:
Preliminary approval
A preliminary approval is the part of a decision notice for a development notice that:
(a) approves the development to the extent stated in the decision notice; but
(b) does not authorise the carrying out of assessable development.
Development permit
A development permit is the part of a decision notice for a development application that authorises the carrying out of the assessable development to the extent stated in the decision notice.
Concurrence agency response
Council provides concurrence agency responses for certain building works made assessable against the Bundaberg Regional Council Planning Scheme. Concurrence agencies are those with a regulatory interest in an application.
Exemption certificate
Exemption certificates enable a local government or the chief executive officer to give to an owner of premises an exemption certificate which states a development approval is not required for assessable development.
Exemption certificates are used to address the inappropriate categorisation of development in limited circumstances, including:
- an error in the planning scheme;
- where the circumstances requiring assessment of the development no longer apply; or
- the effect of the development is minor or inconsequential.
Infrastructure Charges
Trunk infrastructure is the development infrastructure that services identified infrastructure charge areas in the Bundaberg Region. Development infrastructure includes land and/or works for water supply, sewerage, stormwater, transport, parks and community facilities. As per the adopted Charges Resolution (No.1) 2021, Council levies charges against development that requires new trunk infrastructure or will place additional demand on existing trunk infrastructure.
The types of development that may trigger the levying of an adopted charge under this charges resolution are:
(a) reconfiguring a lot;
(b) material change of use of premises; and/or
(c) building work.
Where development requires an infrastructure charge, Council will issue an Infrastructure charge notice.