As per attached assessment task
ASSESSMENT TASK - Australian BUILDING APPROVALS Refer to material attachments provided PREPARE in point form STEP BY STEP PROCEDURE (as per table below) TO SUBMIT A DEVELOPMENT APPLICATION TO A LOCAL COUNCIL in Brisbane, Australia TO BUILD A 3 BEDROOM 2 STOREY RESIDENCE WITH AN IN-GROUND SWIMMING POOL ON A 1400 M2 BLOCK IN A BUSHFIRE ZONE • Research the Councils requirements. • Nominate the rules relating to the council. • In point form set out the procedure (in the correct order) beginning with – 1. what is required to submit the application 2. what documents are required to support the application 3. Provide and attach samples of the documents required • In point form list what regulatory requirements are necessary. • List what is required to do if the application is rejected. RULES DO’S List your rules first (policies) regarding each phase/section of the task DO NOT List what must not be done PROCEDURE Step by Step tasks to carry out the role 1 - Who is responsible 2 - What needs to be done first 3 - What needs to be next 4 - Now list how it is to be done 4 - In what timeframe is each step to be carried out 5 - If it is applicable – nominate where the task should be carried out OR where information can be obtained 6 - If it is applicable – nominate how the process is to be recorded or documented SUPPORT DOCUMENTS List the correct document that must accompany each document Provide an example of each document (DO NOT FORGET TO INCLUDE SAMPLE DOCUMENTS – YOU WILL BE MARKED NYC IF SUPPORT DOCUMENTS ARE REQUESTED AND NOT RECEIVED) OBLIGATIONS OF THE PARTIES PRINCIPAL, CONTRACTOR, SUPERVISOR, SUBCONTRACTOR, WORKER ETC Where applicable insert what each officers obligations are CONTINGENCY List any ‘what to do if the wheels fall off’ REVIEW PROCESS By Whom, When, Frequency Report Process Follow up THE DEVELOPMENT ASSESSMENT PROCESS Every development assessment must go through a standard process from lodgement to decision. This ensures all applications are assessed with the right information, by the right people, and follow the same process. The process is set out in a statutory instrument called the Development Assessment Rules (or DA Rules). There are five key parts to the formal DA process: 1. Application. 2. Referral. 3. Information request. 4. Public notification; and 5. Decision. Depending on the development being applied for, the required steps in each part may vary. Not all parts will apply to all development applications – for example, only impact-assessable applications and applications involving a variation request require public notification. Throughout the process notices are exchanged between assessment manager and applicant. This ensures the application tracks smoothly through the system. Before the process begins, and after it finishes, there is: ▪ Pre-lodgement — voluntary but advisable. ▪ Appealing a decision — optional. Pre Lodgement While pre-lodgement is not part of the formal DA process, contacting the assessment manager (and any referral agencies that may be involved) before lodging an application is always a good idea. This will identify any potential issues or additional information requirements that can help the application track through the system smoothly. https://planning.dilgp.qld.gov.au/planning/better-development/key-concepts/da-rules https://planning.dilgp.qld.gov.au/planning/better-development/key-concepts/da-rules Most assessment managers are the local government concerned. Occasionally, a local government may outsource certain code-assessable development applications. It is entirely at the discretion of the local government whether it wishes to establish these arrangements. The Planning Act establishes checks and balances for these arrangements so that the actions and decisions of alternative assessment managers are transparent and accountable. Read more about the arrangements for establishing alternative assessment managers. If a state or regional interest is involved the assessment manager may be the state government, through the State Assessment and Referral Agency (SARA). SARA offers a free pre-lodgement service. Most local governments will also offer pre-lodgement advice or services for applicants; some may charge a fee. Appealing a decision After a development application has been decided, the Planning Act specifies certain instances where the applicant or another party can appeal the decision. This includes anyone who made a properly made submission during the public notification period. https://planning.dilgp.qld.gov.au/planning/resources?query=alternative-assessment-manager https://planning.dilgp.qld.gov.au/planning/resources?query=alternative-assessment-manager TYPES OF ASSESSMENT Under the Planning Act, there are three types of assessment: 1. Prohibited 2. Accepted 3. Assessable. There are two kinds of assessable development: 1. Code 2. Impact. Anyone can lodge an application for any type of development, except prohibited development, and councils are legally obliged to accept and assess the application. Prohibited Prohibited development is the sort of development that is not allowed under any circumstances (e.g. a proposal to build a child care centre on contaminated land). Only the state can prohibit developments. The Planning Regulation 2017 establishes which developments are prohibited. Accepted Accepted development does not require an application or an approval but in some instances the proposal must meet certain requirements set out by council or by another agency. Accepted development is generally simple, low risk and completely compatible with the planning intentions for an area — which is why a development approval is not required. A typical example is a home-based business that has no impact on the neighbourhood. But every council sets its own requirements for accepted development, so check with your local council before you conduct any work or change to your property or site. Assessable Assessable development is development that requires the applicant to submit an application for assessment and decision by an assessment manager. There are two types of assessable development: code and impact. Code assessment helps deliver expected development without undue delay. Public notification is not required. Code-assessable applications are assessed against the relevant assessment benchmarks set out in the council’s planning scheme. Where the application meets criteria, it will be approved. If it does not meet some criteria, that part of the application can be refused or approved with conditions. For example: Why strong code provisions are important Under the Planning Act an Assessment Manager can only assess a code- assessable application against what is clearly expressed in the code (i.e. the assessment benchmarks). We refer to this as ‘bounded code assessment’, because the assessment manager is bound to consider only what is in the code. The intent of bounded code assessment is to give community and developers certainty. For most development applications, the assessment manager (local or state) must also publish the reasons for their decision. A proposal for a multiple dwelling unit in a medium density residential zone is likely to be categorised as code assessable because the community expects this sort of development to occur in these places. The applicant still needs to demonstrate how the proposal complies with the provisions set out in the assessment benchmarks (e.g. size of building, number of storeys, how set back it is from the road, noise management etc.). The nature of the approval will depend on whether the proposal complies with the benchmarks. Are some assessable developments exempt from the need to lodge an application? Occasionally, an assessable development may be deemed accepted development, which means a development application does not need to be lodged. For example, a development may have been categorised as assessable because of circumstances that no longer apply. If the sole ground upon which the development was assessable in the first place no longer exists, then an exemption certificate may be issued. The relevant local government or the Chief Executive of the Department of Infrastructure, Local Government and Planning may issue exemption certificates. However, they are not obliged to do so. Each exemption certificate given by either a local government or the chief executive under section 46 of the Planning Act must be made public on the relevant website. So far there are no chief executive exemption The DA Rules The DA (development assessment) Rules is an instrument that explains the rules governing how development applications are assessed in Queensland. It outlines the process for lodging, assessing and deciding an application and how public notifications should be conducted. If these rules aren’t followed, the decision can be appealed for not following due process. The table below outlines the versions of the DA Rules made and amended. The table also states when each version of the DA Rules was published by the Chief Executive of the Department of Infrastructure, Local Government and Planning, and when the version took effect. DA Rules version Date of publication Date of commencement Development Assessment Rules - version 1.1 4 August 2017 11 August 2017 Development Assessment Rules 17 March 2017 3 July 2017 https://dilgpprd.blob.core.windows.net/general/da-rules-v1-1.pdf https://dilgpprd.blob.core.windows.net/general/da-rules-v1-1.pdf https://dilgpprd.blob.core.windows.net/general/DARulesfinalforweb.pdf BETTER DEVELOPMENT Better development depends not only on good planning schemes but on how well development proposals are made and assessed against those schemes. Queensland's planning legislation provides for the framework and processes for: ▪ Assessing developments. ▪ The basics needed to apply for a development. ▪ The roles, rights and responsibilities of applicants, the community and decision-makers. A snapshot of how the system works ▪ Planning schemes are made by councils. They set out the community’s expectations for the future of their areas and are approved by the Planning Minister. ▪ The Planning Regulation 2017 states which entity is responsible for assessing and deciding the application. This entity is referred to as the assessment manager. In most cases the assessment manager is the council. Some applications will also require additional assessment by the state government or other entities (called referral agencies). ▪ The formal development assessment process begins when an application is made. ▪ Some developments can go ahead without approval — if they fall into the category of accepted development. Each council sets its own requirements for accepted development. ▪ Where a development approval is required