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Assessment

Typically, development applications are lodged with and assessed by the relevant council. However, for specified types of development (such as large or complex developments, land divisions or applications for areas outside a council area), applications are lodged with the Development Assessment Commission.

Development approval is required for new buildings or structures, changing or demolishing buildings, a change in land use, or the division of land. Development approval requires two consents to be granted and are:

  • Development Plan Consent – assessment against the provisions within the relevant development plan
  • Building Rules Consent – assessment against the provisions within the Building Code of Australia, Development Regulations 2008 and Minister's specifications

Development Applications

Depending on the type of development being proposed, the process and authority overseeing the assessment can vary. In each case, this is determined by the Development Act 1993 and the Development Regulations 2008.

Land Division

The division of land or adjustment of boundaries into community or torrens titles is a three staged process;

  1. The first stage involves obtaining Development Approval from either the Development Assessment Commission (DAC) or your local council.
  2. Once Development Approval is issued, the conditions attached to the approval must be met prior to the DAC issuing the Certificate of Approval.
  3. When the Certificate of Approval is issued, the plans and other relevant documentation can then be lodged with Land Services for the issue of new Certificates of Title.

Below are links to pages with further information on these processes:

Major Developments

Where the Minister for Planning believes a proposal to be of major social, economic or environmental importance, they may declare it a ‘Major Development’ under section 46 of the Development Act 1993.

A detailed assessment process then begins to decide whether the proposal will go ahead. This typically includes public consultation.

Page last modified Wednesday, 28 June 2017