Expert Town Planning Brisbane

A Material Change of Use (MCU) is defined in the Planning Act 2016 (QLD) as being any of the following changes to a property:

(a) the start of a new use of the premises;
(b) the re-establishment on the premises of a use that has been abandoned;
(c) a material increase in the intensity or scale of the use of the premises.

The local council is responsible for assessing applications for Material Change of Use and determining whether they comply with the relevant planning scheme and state government legislation. The council may consider factors such as the impact on the local environment, traffic flow, parking, and the character of the neighbourhood.

It is important to note that some changes of use may be considered minor and therefore won’t require assessment by the Council.

Reconfiguring a lot is defined in the Planning Act 2016 (QLD) as being any of the following:

1. creating lots by subdividing another lot; or
2.  amalgamating 2 or more lots; or 
3. rearranging the boundaries of a lot by registering a plan of subdivision under the Land Act or Land Title Act; or
4. dividing land into parts by agreement rendering different parts of a lot immediately available for separate disposition or separate occupation, other than by an agreement that is:
   • (i) a lease for a term, including renewal options, not exceeding 10 years; or 
   • (ii) an agreement for the exclusive use of part of the common property for a community titles   scheme under the Body Corporate and Community Management Act 1997; or
5. creating an easement giving access to a lot from a constructed road.

We have extensive experience in managing subdivisions from splitter blocks to large 100+ lot subdivisions through to completion.

Planning approval is the process of obtaining approval from the City Council for a proposed development to occur. 

The planning approval process ensures that development is carried out in a manner that is consistent with the Brisbane City Plan 2014 (or local Council), which sets out the planning policies and regulations for the city.

The approval process involves submitting a development application to the Brisbane City Council. The application must include detailed information about the proposed development that addresses all of the relevant local planning and state government regulations. 

Often we are also required to engage other professionals such as architects, building designers, engineers, and ecologists to prepare plans or reports to support our development application. The council then assesses the application against the relevant planning policies and regulations. 

Some cases will require referral to state government agencies for assessment, too.

The assessment process considers a range of factors, including the impact of the development on the local environment, traffic, parking, and the character of the neighbourhood. 

If the development application is Impact Assessable the application will also be subject to public notification which gives the community the opportunity to lodge a submission in favour or against the development. This may also influence the outcome when the Council makes a decision.  

Once the application is approved, the developer must comply with any conditions in the development approval. Failure to comply with these conditions may result in enforcement action, including fines or legal action.

RiskSMART is a fast-tracked development assessment process offered by the City Council. 

It is designed to expedite the development application process for low-risk and straightforward development proposals, such as minor building extensions, home renovations, and small-scale commercial developments.

The RiskSMART approval process involves the developer engaging a private sector town planner to assess the proposed development against the relevant planning regulations and policies. 

The consultant then lodges the development application with the City Council on behalf of the developer. The council aims to assess RiskSMART applications within 5 business days, compared to the standard 20 business days for a regular development application.

To be eligible for RiskSMART approval, the proposed development must meet certain criteria, including:

• It must be consistent with the relevant planning scheme and policies.
• It must not have a significant impact on the local environment or neighbourhood character.
• It must not require any significant infrastructure or public works.

The benefits of the RiskSMART process include a faster turnaround time for development applications and improved certainty for developers.

 It also benefits the City Council by reducing the number of low-risk development applications that require assessment, allowing them to focus on more complex and high-risk proposals.

It is important to note that not all development proposals are eligible for RiskSMART approval. Not sure? Contact us to determine if your proposed development is eligible for the RiskSMART process.

In Queensland, subdividing the lot will trigger the requirement to lodge a development application. You’ll need to submit a development application, at minimum, in order to receive development approval to subdivide a lot.  

This will also likely be accompanied by plans illustrating how you intend to subdivide the property.

In Queensland,  planning responsibilities are shared across various levels of government and professional entities. The goal is to ensure sustainable development that meets the needs of communities while adhering to environmental and regulatory frameworks. 

Here’s an overview of who is responsible in Queensland:

1. Local Government (Councils)

Local governments, such as city or regional councils, play a primary role. Their responsibilities include:

• Development Assessments: Reviewing and approving development applications based on local planning schemes.
• Planning Schemes: Creating and maintaining planning schemes that regulate land use, zoning, and development guidelines.
• Community Consultation: Engaging with residents to ensure developments align with community expectations.

In Queensland, local councils operate under the Planning Act 2016, which provides the legal framework for planning and development.

2. State Government

The Queensland State Government oversees strategic planning and development across the state. Key responsibilities include:

• Regional Plans: Developing regional plans like the South East Queensland Regional Plan (ShapingSEQ) to guide growth and infrastructure.
• Policy Guidance: Issuing state planning policies to address key issues, such as housing supply, environment, and economic development.
• Infrastructure Coordination: Managing major projects, such as transport and energy systems, that impact multiple local council areas.

The Department of State Development, Infrastructure, Local Government, and Planning leads the state’s planning efforts.

3. Private Urban Planners

Qualified private town planners or urban planning firms often assist individuals, businesses, and developers with planning and development applications. Their expertise includes:

• Navigating local council requirements.
• Preparing detailed reports and development plans.
• Ensuring compliance with state and local laws.

An urban planning firm can streamline the process of getting an application approved and provide useful insights into the planning process, especially for clients who don’t have the same level of experience with planning requirements.

4. Professional Associations

Professional associations like the Planning Institute of Australia (PIA) set ethical and professional standards for town planners in Queensland. They provide accreditation and ongoing training to ensure planners are well-equipped to handle complex projects.

5. Community and Stakeholder Involvement

Residents and stakeholders have a role through:

• Providing feedback on planning schemes and development proposals during consultation periods.
• Advocating for sustainable and community-focused development.

6. Developers and Builders

Developers are responsible for proposing projects and working with councils and town planners to ensure their plans meet local and state requirements. They often hire private urban planners to streamline the approval process.

1. Define Your Project

• Type of Development: Is it residential, commercial, industrial, or mixed-use?
• Location: The town planner should be familiar with the local planning schemes of your council (e.g., Brisbane City Council, Gold Coast City Council).
• Purpose: Do you need help with rezoning, development applications, or master planning?

2. Seek Out Qualified Professionals

• Education: They should hold a degree in urban and regional planning or a related field.
• Memberships: Look for membership in professional bodies like the Planning Institute of Australia (PIA), which ensures adherence to industry standards and ethics.
• Experience: Check if they have worked on projects similar to yours and are familiar with Queensland’s planning laws and local council regulations.

3. Search for Local Connections

• Online Directories: Use the Planning Institute of Australia’s directory to find certified planners in Queensland.
• Local Government Recommendations: Many councils provide lists of recommended town planners or resources to assist with development applications.
• Freelance Platforms: Websites like LinkedIn, Houzz, or specialised planning platforms often list experienced urban planners.

4. Check Them Out

• Relevance: Experience in similar types of development.
• Compliance: Evidence of successfully obtaining Council approvals in Queensland.
• Quality: Thoughtful, sustainable, and practical designs.

5. Ask for Recommendations

• Colleagues or Industry Professionals: Architects, surveyors, or builders may know reliable planners.
• Community Groups: Local development associations or business chambers often have recommendations.
• Referrals from Past Clients: Direct feedback is invaluable for understanding the planner’s reliability and skills.

6. Schedule Meet-Ups

• Understanding of Local Regulations: They should be well-versed in your local Council’s planning schemes and Queensland’s planning laws.
• Problem-Solving Skills: Ask how they’ve handled zoning challenges or community objections in past projects.
• Communication: A good planner should be able to explain complex planning terms and processes in a simple, clear way.

7. Verify Licenses and References

• Check Accreditation: Verify their credentials with the Planning Institute of Australia (PIA) or other regulatory bodies.
• References: Contact former clients or employers to confirm their professionalism, reliability, and ability to meet deadlines.

8. Compare Costs

• Transparency: The planner should provide a clear breakdown of costs, including consultation, application preparation, and ongoing services.
• Value for Money: Price isn’t everything. Also, consider their experience and track record.

9. Locals Know Best

• Knowledge of Local Councils: Ensure they’ve worked with the council relevant to your project area.
• Understanding of Regional Plans: Check their familiarity with strategic plans like the South East Queensland Regional Plan (ShapingSEQ).

10. Assess the Fit for Your Project

• Collaboration: They should be willing to work closely with you and other stakeholders.