Cassowary Coast Regional Council

Planning & Development Certificates Planning & Development Certificates

There are three different planning and development certificates. It is important to determine which is right for your purposes.

1. Limited Planning & Development Certificate

Schedule 23, s71(1) of the Planning Regulation 2017 outlines the detail contained in a Limited Planning & Development Certificate. This certificate identifies general planning information that applies to a specific site and is commonly used for due diligence and conveyancing matters. A Limited Planning & Development Certificate must contain:

  1. a summary of the provisions of any planning scheme or charges resolution applying specifically to the premises; and
  2. if a summary TLPI applies to the premises and suspends or otherwise affects the operation of a planning scheme provision stated in paragraph (a) - a description of the way in which the TLPI suspends or otherwise affects the provisions; and
  3. if a variation approval is in effect for the premises - a description of the way in which the variation approval varies the effect of a planning scheme provisions states in paragraph (a); and
  4. if a State planning instrument applies to the premises - the name of the instrument; and
  5. a description of any designation applying to the premises; and
  6. a copy of any information recorded for the premises in the infrastructure charges register kept by the local government.

A Limited Planning & Development Certificate must be given by Council within 5 business days of the day the certificate was applied for.

2. Standard Planning & Development Certificate

Schedule 23, s71(2) of the Planning Act 2016 outlines the detail contained within a Standard Planning & Development Certificate. This certificate provides all the information contained in a Limited Planning & Development Certificate and also contains:

  1. a copy of every decision notice or negotiated decision notice for a development approval in effect for the premises; and given under this Act or repealed IPA that has not lapsed.
  2. details of any changes made to a development approval in effect for the premises; and
  3. details of any approval given to extend the currency period of a development approval in effect for the premises; and
  4. a copy of every deemed approval notice relating to the presmises, if the development approval that the notice realtes to has not lapsed; and
  5. a copy of every continuing approval states in the repealed IPA, section 6.1.23(1)(a) to (d) relating to, and in effect for, the premises, including any approval, consent or permission that, under the repealed LGP&E Act, section 8.10(8) was continued in effect as if it were an approval, consent or permission stated in the repealed IPA, section 6.1.23(1)(a) to (d); and
  6. details of any decision to approve or refuse an application to amend a planning scheme made under the repealed LGP&E Act, section 4.3, including any conditions of approval, relating to the premises; and
  7. a copy of every compliance certificate given under the old Act relating to the premises and in effect at the time the standard planning and development certificate is given, including any changes made to the compliance certificate; and
  8. a copy of any exemption certificate for development on the premises given by the local government under section 46 of the Act, including—
    1. the day the certificate was given; and
    2. if the certificate is no longer in effect for the premises—the day it stopped having effect; and
  9. a copy of any judgment or order of the P&E Court, a tribunal or a building and development dispute resolution committee under the old Act, about—
    1. a development approval in effect for the premises; or
    2. a condition included in a compliance certificate in effect for the premises; and
  10. a copy of any agreement that the local government is a party to about a development condition of a development approval in effect for the premises; and
  11. a copy of any agreement that a referral agency is a party to about a development condition of a development approval in effect for the premises, if the local government has been given a copy of the agreement; and
  12. a copy of any infrastructure agreement applying to the premises that the local government—
    1. is a party to; or
    2. has received a copy of under section 153 of the Act; and
  13. a description of each amendment, proposed to be made by the local government to its planning scheme, that has not yet been made at the time the certificate is given; and
  14. if the premises are within a declared master planned area—
    1. a copy of each master plan (a current master plan) applying to the premises that continues to have effect under section 315 of the Act; and
    2. a copy of each notice of decision or negotiated decision given under the old Act about a master plan application under that repealed Act for a current master plan; and
    3. a copy of any judgement or order of the P&E Court or a building and development committee under the old Act about a condition included in a current master plan.

A Standard Planning & Development Certificate does not provide any information on compliance or fulfilment of the development approval conditions. A Standard Planning & Development Certificate must be given by Council within 10 business days of the day the certificate was applied for.

3. Full Planning & Development Certificate

Schedule 23, s71(3) of the PA outlines the detail contained in a Full Planning & Development Certificate. In addition to the information contained in a Limited and Standard Planning & Development Certificate, a Full Planning & Development Certificate also contains the following information for the premises:

  1. if a relevant approval for the premises includes conditions (including conditions about the carrying out of works or the payment of money, other than under an infrastructure agreement) imposed, or required to be imposed, by the local government—a statement about the fulfilment or non-fulfilment of each condition, at a stated day after the day the certificate was applied for; and
  2. if an infrastructure agreement applies to the premises and the local government is a party to the agreement—
    1. details of the nature and extent of any obligations under the agreement that have not been fulfilled; and
    2. details of any security required under the agreement, including whether any payment required to be made under the security has been made; and
  3. details of any prosecution, or proceedings for a prosecution, for a development offence under the Act, the old Act or the repealed IPA relating to the premises that the local government is aware of.
     

Full Planning & Development Certificates are generally requested for commercial enterprises or for sale of land involving multiple land uses on the site. A Full Planning & Development Certificate must be given by Council within 30 business days of the day the certificate was applied for.

To obtain a Planning & Development Certificate, download the request form below. Complete it and return it to Council with the applicable fee. Forms can be lodged over the counter or emailed to enquiries@cassowarycost.qld.gov.au
For council office locations see Contact Council

Planning & Development Certificate Request Form