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Guidelines to ensure a Submission is properly-made.
A development application is required to be publicly notified under Chapter 6, Part 4 of SPA if the following applies:
- any part of the application requires impact assessment; or
- the application is an application to which Section 242 of SPA applies.
The purpose of public notification is to inform the community and relevant stakeholders of the proposal, and to give them the opportunity to make submissions that must be taken into account before the development application is decided.
This document provides a brief guide to ensuring that your submission in support or in objection to a publicly advertised development application is considered by the Assessment Manager as “properly made.” By making a properly made submission about an application, a submitter gains the right to appeal to the Planning and Environment Court about any decision made by the Assessment Manager about the application. If an application involves code and impact assessable components, the right to appeal applies only in the case of the impact assessable components.
An Assessment Manager may accept a submission which is considered “not properly made” however the submitter in this circumstance will not have the right to appeal any decisions relating to the development.
Grounds for submission may include matters such as:
- Whether the proposed development is consistent with the intent specified in the Planning Scheme,
- The proposed development’s compatibility with surrounding land uses, through design and scale,
- Enhancement or degradation of streetscape,
- Traffic and parking,
- Hours of operation,
- Impacts on services such as water and sewerage,
- Environment protection and enhancement.
To ensure your submission is “properly made” adhere to the following guidelines:
- The submission must be in writing, received by fax, mail or over the counter,
- It must state the development’s address,
- Make sure it is signed by the person who wrote the submission,
- The submission must be received before the last day of the notification period which is identifiable on the public notice,
- Clearly state the name and address of the person/people making the submission,
- State the grounds for the submission.
It is recommended that any facts and circumstances relevant to the application are included to support the grounds for the submission. Furthermore, try to include details such as the Council’s file/reference number listed on the public notice for ease of reference.
Other useful information:
· Submissions must be made before 5pm of the last day of the notification period. If submitted after this time, the Assessment Manager can accept the submission; however appeal rights will be lost.
· You may withdraw your submission at any time before the decision is made.
· If you make a “properly made” submission, a copy of the Decision Notice and Development Permit will be posted to you after the application is decided by Council.
· If you sign your name in a petition, only the “principal” petitioner will receive a copy of the Decision Notice and Development Notice and your appeal rights are not secured.
To lodge a submission to Council:
- Fax to the Development Services Department 1300 242 687;
- Mail to The Chief Executive Officer, Central Highlands Regional Council, PO Box 21, Emerald, QLD 4720; or
- In person at any Customer Service Centre:
Blackwater | 10 Mackenzie Street | 1300 242 686 |
8.30am - 5.00pm | ||
Capella | 4 Conran Street | 1300 242 686 |
8.30am - 5.00pm | ||
Duaringa | 12 William Street | 1300 242 686 |
8.30am - 5.00pm | ||
Emerald | 65 Egerton Street | 1300 242 686 |
8.30am - 5.00pm | ||
Rolleston | 17 Warrijo Street | 07 4984 3199 |
9.00am - 5.00pm | ||
Springsure | 29 Eclipse Street | 1300 242 686 |
8.30am - 5.00pm |