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Types of Development

Accepted Development

With the commencement of the Hinchinbrook Shire Planning Scheme 2017, a number of uses will become accepted development. If your development complies with the accepted provisions of any applicable codes, it would not require an application to Council. The accepted development provisions will deliver a good outcome for your site, and it is worthwhile to address the planning scheme during the design stage to try and ensure that the accepted development provisions are met.  This is time well spent and will potentially save you time and money in applications.

A proposal will be accepted development and will not require a development application if it complies with the:

  • definition for the use;
  • specific criteria in the relevant level of assessment table for the zone, and specified acceptable outcomes in the applicable zone code;
  • specific criteria in the level of assessment tables of any relevant overlay codes and general development codes; and
  • accepted development avoids the need for application fees and will save you 2-4 months of assessment time with Council.
Additional Notes
  • If there is an aspect of the design that does not comply with an accepted development provision, only that aspect of the design becomes assessable development e.g. if your development cannot meet the parking requirements, you would need to apply to Council for approval for a reduced parking amount; Council would not need to assess any other provisions.
  • Developer contributions (infrastructure charges), are applicable to both accepted and assessable development.
  • It is important to remember that even if your proposal is accepted development and does not need a development application, a building approval may still be required.

Assessable Development

Assessable development requires an application to be made to Council and require a development decision to be issued. There are two levels of assessment for assessable development:

  • code assessable – no public consultation required
  • impact assessable – public consultation required

The level of assessment required for a development is determined by the assessment tables in the planning scheme. Common types of assessable development applications are further detailed below.

Material Change of Use

A 'Material Change of Use' application is required when there is:

  • the start of a new use of the premises;
  • the re-establishment on the premises of a use that has been abandoned;
  • a material change in the intensity of scale of the use of the premises; or
  • the start or recommencement of a environmentally relevant activity (ERA).

Please refer to the assessment tables in the planning scheme to determine the type of land use and the level of assessment.

Reconfiguring a Lot

A 'Reconfiguring a Lot' development application is required when:

  • creating lots by subdividing another lot;
  • rearranging the boundaries of a lot by registering a plan of subdivision;
  • dividing land into parts by agreement (other than a lease for a term, including renewal options, not exceeding 10 years) rendering different parts of a lot immediately available for separate disposition or separate occupation, or creating an easement giving access to a lot from a constructed road; or
  • applying for an access easement.

Please refer to the planning scheme to ascertain Council minimum lot sizes and road frontages.

Operational Work

An 'Operational Work' development application is required when:

  • excavating or filling of land (i.e. earthworks including change of ground level for retaining walls, construction of a dam, profiling land);
  • civil works for new subdivisions (i.e. connection to Council and external infrastructure) and other works associated with a material change of use of premises or reconfiguring a lot;
  • undertaking road works on Council roads;
  • clearing vegetation in accordance with state legislation; or
  • undertaking landscaping works.
Building Work Assessable Under the Planning Scheme

A 'Building Work Assessable Under the Planning Scheme' application does not involve a Material Change of Use, but involves a building project which does not meet the standards required by the Hinchinbrook Shire Planning Scheme 2016, and needs to be assessed.

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