Before undertaking any work on a property, it is important to ensure all the appropriate approvals are obtained to ensure the works are lawful. The Town Plan outlines whether or not development approval is required before it can occur.
Types of Development
To determine what approvals may be required, it is first necessary to identify the type of development proposed. Development can involve one or more of the following as defined in Schedule 2 of the Planning Act 2016: *link all below to fact sheet*
- Material Change of Use (i.e. developing vacant land, increasing the scale of an existing use)
- Reconfiguring a Lot (i.e. subdivision of land or boundary realignment)
- Operational Work (i.e. filing or excavating, vegetation clearing)
- Building Work (i.e. building, repairing, demolishing a building)
Level of Assessment
The Level of assessment determines whether or not planning approval is required and what process is required. The Town Plan outlines what level of assessment is required based on the type of development, zoning and any overlays impacting the property. The different categories of assessment are identified below:
Where development is identified as accepted development, a development application is not required and there is no need to comply with Codes or other requirements of the Town Plan. Despite no approval required under the Town Plan, the proposal will still need to comply with the applicable Building and Plumbing requirements.
Certain development does not require a development application however, only if the proposal complies with all the applicable requirements under the Town Plan. For example, where conducting a Home-Based Business, a development application is not required, provided it complies with the Home Based Business Code. This may include operating hours, number of employees, and size of signage advertising the business.
Where the proposal does not comply with one (1) or more requirements, a development application is required.
Code Assessment is where a development application is required and the proposal is assessed against the applicable assessment benchmarks within the Town Plan (i.e. the ‘Codes’). Development that is code assessable is generally intended within that zone however, requires further review to ensure it is appropriately serviced and meets the outcomes intended (eg. Parking, noise, visual amenity). Depending on the property, Council assesses the development against the Zone, Overlay, Land Use, and Other Development Codes where applicable.
Impact Assessment is where a development application is required however, the application involves additional steps due to the impacts of the proposed development. Impact Assessable applications are required to undertake Public Notification where the public can comment on the proposed development. See Council’s Public Notifications for further information.
In addition to Public Notification, Council can have regard to other relevant matters which may impact the community, and the developments aren’t always intended within the area. For example, an industrial manufacturing business within the General Residential Zone would require an impact assessable application.
Relevant Documents & Fact Sheets
Please see below documents and fact sheets to provide guidance on the most common types of development questions: