Public notification provides the opportunity for the public to comment on the proposed development prior to Council making a decision.
Under the Planning Act 2016 development applications that trigger impact assessment must be publicly notified for a minimum of 15 business days. The application must be notified for 30 business days when the proposal is a variation request (change to the Tablelands Regional Council Planning Scheme).
Depending on the type of application, public notification must be carried out for a minimum of 15 or 30 business days (excludes weekends, public holidays and days between 26 December and 1 January).
Notification of Development Applications
Applicants must:
- publish a notice in a newspaper circulating in the area of the property
- place a notice on the property fronting each road and/or road reserve
- give a notice to all adjoining property owners whom share a common boundary.
Department of State Development, Infrastructure, Local Government and Planning’s Public Notification of Development and Change Applications Guide for Development Assessment. It’s advisable to engage a qualified town planning professional to assist in the preparation and carriage of your development application, including public notification process.
Types of Development Applications
There are two types of development applications but only one requires public notification. An impact assessable application must have a public notification period. This is when you can make a formal submission. Submissions received during the notification period will receive an acknowledgment letter. If you make a properly-made submission you can appeal Council’s decision on the application to the Planning and Environment Court. The assessing officer may accept submissions that are not properly made, however the submitter is not able to appeal to the Planning and Environment Court.
An application that involves code assessment is not required to be publicly notified. You may lodge a letter of objection or support for a code assessable application during the application process. The assessing officer may consider your comments however there are no appeal rights and you will not receive a copy of the decision notice. The decision notice will be available through eServices.
Development Application Details
Development applications (including supporting material, confirmation notice and information requests), current status and the closing date for submissions can be seen at eServices.
Submissions
A submission is a written objection or supporting comment about a development application made by members of the community (person, group or organisation) about a development application. A person who makes a properly-made submission is called the submitter.
For applications requiring public notification, a copy of the decision must be sent to each principal submitter once we consider all submissions and the application is decided. Submissions can be made on developments that are impact assessable and for variation requests. Normally these are complex developments, those that may impact the community, or are potentially unsuitable for an area. Review the development application and plans via eServices before preparing your submission.
Submissions are not confidential and details will not be redacted. We are required to make them available on our website.
Grounds for a Submission
The grounds of your submission must be based on town planning grounds, not commercial or personal reasons. Examples of what is considered to be planning grounds include:
- inconsistency with the planning scheme and other planning documents e.g. a regional plan
- impact on residential amenity, urban design and character
- traffic e.g. insufficient road capacity, traffic hazards, etc.
- environmental impacts e.g. air, noise and water pollution; ecology, conservation and cultural heritage values of the site; etc.
- need and economic factors.
Submission Process
Development applications that receive submissions are considered by the assessment officer and may be decided by Council at a general meeting (dependent on the number of submissions). Once a decision is made, the submitters are included in the decision notice and provided with a copy.
Petitions
A petition is considered as one submission by the assessing officer and correspondence relating to the petition will only be sent to the principal submitter.
After Submissions Close
It may be several months before a decision is made about the development application. Timing of the decision depends on statutory timeframes and if the developer enters into negotiations. You can withdraw your submission at any time before a decision is made.
If you have made a properly-made submission, a copy of the final decision will be sent to the principal submitter and you may have appeal rights if you disagree. You should seek advice from a professional or review the relevant legislation before appealing.
Appeals
Submitters of properly-made submissions have the legal right to appeal the decision on an impact assessable application or a variation request through the Planning and Environment Court. We will contact submitters with the appeal period dates. A notice of appeal form must be completed and lodged with the fee to the Planning & Environment Court within this period.