Public notification is required for certain development applications to ensure members of the public are aware of the development and have the opportunity to make submissions.
Public notification is required for:
- A development that requires impact assessment
- A preliminary approval that affects a planning scheme
- A variation request that affects a planning scheme
A submission may object to all or part of the development, and/or support all or part of the application.
All submissions are considered by the assessment manager, however only properly-made submissions can be used to appeal Council's decision on an Impact Assessable application through the Planning and Environment Court.
Submissions are not confidential. As required by the Planning Act 2016, all submissions including individual details are published on Council's website.
For impact assessable applications, Council will consider all submissions and must send a copy of the decision notice to each principle submitter.
For more information about when an application requires public notification and how submissions can be made please refer to the Department of Infrastructure, Local Government and Planning website.
Development Applications on Public Notification
DA Number: MCU17/0005 - Material Change of Use for a Telecommunications Facility
At: 22 Murray Upper Road, Murrigal
Comment Period: 30 October to 20 November 2017
Public Submissions & Submitter Appeals Process
What is a submission?
Members of the public can support or oppose impact assessable development applications by making a formal submission. A submission is a written statement supporting or opposing a proposed development.
To be considered "properly made", a submission must:
- be in writing and signed by each person;
- include the name and address of each person;
- clearly identify the application reference number;
- state the grounds of the submission;
- be received by Council during the formal public notification period.
Council needs to understand the reasons behind your submission. For example, if you think the type of development proposed for your area is unsuitable, you need to say why it is unsuitable, not simply that you do not like it.
A person who makes a properly made submission is called the 'submitter'. All submissions are considered in the assessment of the application. Once the application is decided and the applicant appeal period has ended, a copy of the Decision Notice is sent to all submitters; or the first person on the list of 'submitters' if the submission was signed by several people (e.g. a petition).
Lodging a submission
You can make a submission in writing to:
Chief Executive Officer
Cassowary Coast Regional Council
PO Box 887
Innisfail QLD 4860
Submissions can also be emailed to firstname.lastname@example.org.
Grounds for submission
The following are examples of grounds for submissions:
- Whether the proposed use is consistent with the intent for the area.
- Whether the scale and design of the proposed development is compatible with surrounding development.
- How the development addresses the street and interfaces with adjoining properties.
- Any potential traffic and car parking issues associated with the development.
- Hours of operation.
- How the development may impact on drainage patterns in the area.
- How the development fits with any objective of the planning scheme to protect and enhance the natural environment.
- Adverse amenity impacts, such as dust or noise.
Appeal rights for submitters
A submitter for a development application may appeal to the court only against:
- The Assessment Manager’s decision on the part of the application requiring impact assessment under section 53 of the Planning Act 2016.
An appeal may be against the giving of the approval or a provision of the approval including:
- The conditions, or lack of conditions, for the approval.
- The length of the relevant period for the approval.
When you can appeal
A submitter may only appeal against a decision by Council within the submitter appeal period, which begins after the Decision Notice or negotiated Decision Notice is given to the submitter. The submitter appeal period is 20 business days. Council advises submitters in writing when their appeal period begins and ends.
Lodging an appeal
To lodge an appeal, a notice of appeal form must be completed and lodged with the accompanying fee to the Planning and Environment Court.