IPA and IDAS Basics

1
IDAS Basics Presentation
incorporating the IDAS amendments from IPOLAA
2003
August - October 2004
2
Overview of presentation

• The context for IPA and IDAS
• The preliminary matters
• the definition of development
• the levels of assessability
• how development is made assessable
• the roles in IDAS
• The 4 stages of IDAS including -
• referral coordination
• the concept of deemed refusal
• currency periods for an approval
• changing an approval or conditions
• Declarations, appeals and development offences
• The IPA Website

3
The key features of IPA

• Integrated planning
• An integrated policy framework to guide
  assessment at 3 levels -
• local government planning schemes
• regional planning framework
• State planning policies

• IDAS
• A common regulatory system for making, assessing
  deciding development applications
• The focus of this presentation

4
Key features of IPA (cont)

• Private certification
• Enabling an accredited person to receive, assess
  and decide certain development applications -
• thereby expanding the scope of assessment
  responsibilities beyond the local government or a
  State agency

• Infrastructure planning and provision
• Establishing a framework for -
• identifying future infrastructure intentions
• considering cost impacts of proposals
• accountable and transparent infrastructure
  charging

5
The focus of this presentation is on the
Integrated Development Assessment System known
as
IDAS
6
Preliminary matters
To assist in an understanding of IDAS
7
The context for IDAS

• Prior to commencement
• There were approximately 30 separate pieces of
  legislation 60 different approvals regulating
  development in Qld

• Upon commencement (30th March 1998)
• The Act essentially only replaced the now
  repealed Local Government (Planning and
  Environment) Act 1990

• Since commencement
• On-going amendment program to integrate
  additional approvals

8
Approvals currently integrated into IDAS

• Planning scheme assessment
• Subdivision
• Building work assessable against the SBR
• Environmentally relevant activities
• Contaminated land maters
• State-controlled road matters
• Vegetation clearing
• Development on strategic port land
• Acid sulfate soil matters
• Major hazard facilities
• Taking or interfering with water under the Water
  Act 2000
• Removal of quarry material from a watercourse

• Tidal works
• Development in a coastal management district
• Development in a heritage registered place
• Development in a declared catchment area
• Building work in relation to
• special fire services
• spray paining
• retail meat premises
• private health facilities
• a workplace area less than 2.3m2 per person
• pastoral workers accommodation
• child care facilities

9
IDAS and transitional IDAS

• The IDAS process is predominantly prescribed in
• Chapter 3 of IPA
• But relies on other matters prescribed in -
• Chapters, 1, 2, 4, 5 and 6 and
• The Integrated Planning Regulation 1998

• Chapter 6 of the IPA prescribes a transitional
  form of IDAS which enables
• A planning scheme prepared under the PE Act to
  operate under IPA
• A smooth transition for the role-in of new
  legislation into IPA
• A smooth transition when the IPA is amended

10
Chapter 6 of IPA
The various provisions of Ch 6 may apply equally
to a transitional planning scheme or an IPA
planning scheme

• For example - Ch 6, Div 8
• Provides a transitional form of IDAS for
  assessing deciding development applications
  triggered under transitional planning schemes
• provides links to the repealed Local Government
  (Planning and Environment) Act 1990

11
A fundamental question for interpreting and
applying IDAS is
What is development?
12
The definition of development

• Incorporates 5 aspects of development being
• Carrying out building work
• Carrying out plumbing or drainage work
• Carrying out operational work
• Reconfiguring a lot
• Making a material change of use of premises (MCU)

Each aspect is separately defined in s1.3.5 of
the IPA
13
Building work

• Defined as
• Building, repairing, altering, underpinning
  (whether by vertical or lateral support), moving
  or demolishing a building or other structure -
• including supporting land for any one of the
  activities
• Work regulated under the Standard Building
  Regulation 1993
• Excavating or filling when incidental to one of
  the activities specified above or that may
  adversely affect the stability of a building or
  other structure on the site or adjoining land
• BUT does not include
• tidal works
• certain other works under the Water Act 2000

14
Operational work

• Defined as
• Extracting gravel, rock, sand or soil from the
  place where it occurs naturally
• Conducting a forest practice
• Excavating or filling that materially affects
  premises or their use
• Placing an advertising device on premises
• Undertaking work (other than destroying or
  removing vegetation not on freehold land) in, on,
  over or under premise that materially affects
  premises or their use
• Clearing vegetation on freehold land
• Operations of any kind and all things constructed
  or installed that allow taking or interfering
  with water under the Water Act 2002
• BUT does not include building, plumbing or
  drainage work

15
Reconfiguring a lot

• Defined as
• Creating lots by subdividing
• Amalgamating 2 or more lots
• 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
• Creating an easement giving access to a lot from
  a constructed road

16
Material change of use

• Generally defined as
• The start of a new use on the premises
• The re-establishment on the premises of a use
  that has been abandoned
• A material change in the intensity or scale of
  the premises

• For administering IDAS under the EP Act for ERAs
• The start of a new ERA on the premises
• An increase in the threshold for an ERA on the
  premises
• The re-establishment on the premises if an ERA
  that has been abandoned
• A material change in the intensity or scale of an
  ERA on the premises

17
Protecting existing use rights
18
Protecting existing use rights

• The IPA recognises and protects -
• lawfully established uses and works
• implied and uncommenced rights
• The commencement of the IPA does not affect
  existing lawful development or development
  approvals
• The commencement of a new planning instrument
  does not affect existing lawful development or
  development approvals
• including 3.1.6 preliminary approvals overriding
  the planning scheme

19
To know if an IDAS development application is
required you must determine
The levels of assessability
for each aspect of development
20
Development the levels of assessability

• The 3 levels of assessability
• The IPA prescribes 3 levels of assessability

Exempt
Assessable
Self-assessable
Code
Impact
IDAS development application required
21
Explaining the levels of assessability

• Exempt development means
• No assessment criteria
• No application required

• Self-assessable development means
• Must comply with the stated assessment criteria
• No application required - responsibility for
  checking compliance rests with developer
• Self-assessment criteria are like conditions of
  approval and apply for the life of the use

22
Explaining the levels of assessability (cont)

• Assessable development means
• Must comply with the stated assessment criteria
• Development permit required prior to commencing
  the use or undertaking works on the site
• 2 types of assessable development -
• Code where the assessment of the application
  against the applicable codes and common material
  only
• Impact requires a broader assessment of the
  application and its potential physical, social
  and economic impacts
• publicly notified and attracts 3rd party appeal
  rights

23
To understand and apply IPA and IDAS it is
critical to understand
How development can be made exempt,
self-assessable or assessable
24
How development is made assessable or
self-assessable or exempt
The basic assumption of the IPA is that all
development is exempt from assessment unless it
is made assessable or self-assessable
Local government planning scheme
IPA Schedule 8 9 of the IPA
Assessable Development (Code or Impact)
25
How the State makes development assessable,
self-assessable exempt
looking at schedules 8 9 of the IPA
Refer to handouts 1 and 2
26
How the State makes development assessable,
self-assessable or exempt

• There are 2 possible ways
• Schedule 8of the IPA and
• Schedule 9 of the IPA (identifying exempt
  development that CANNOT be made assessable or
  self assessable)

Schedule 9 part of IPOLAA (does not currently
exist)
27
Schedule 8 of the IPA

• Part 1
• Identifies development that the State has made
  assessable

• Table 1 - identifies building work
• e.g. assessing certain building work against the
  Standard Building Regulation (SBR)
• Table 2 - identifies MCUs
• e.g. ERAs, brothels, development on strategic
  port land
• Table 3 - identifies reconfigurations
• e.g. reconfiguration other than those mentions in
  item 1
• Table 4 identifies operational
• e.g. clearing vegetation under the Vegetation
  Management Act 1999
• Table 5 for various aspects of development
• e.g. all development for the removal of quarry
  material

28
Schedule 8 of the IPA (cont)

• Part 2
• Identifies development that the State has made
  self-assessable

• Table 1 - identifies building work
• e.g. certain building work carried out by or on
  behalf of the State, a public sector entity or
  local government
• Table 2 - identifies MCUs
• this table is currently empty
• Table 3 - identifies reconfigurations
• this table is currently empty
• Table 4 identifies operational works
• e.g. certain works for taking or interfering with
  water under the Water Act 2000

29
Schedule 9 of the IPA

• Identifies development that the State makes
  exempt from assessment against local government
  planning schemes

• Table 1 - identifies building work
• this table is currently empty
• Table 2 - identifies MCUs
• Table 3 - identifies reconfigurations
• Table 4 identifies operational works
• e.g. certain works for taking or interfering with
  water under the Water Act 2000
• Table 5 identifies all aspects of development
  associated with certain activities
• e.g development for a mining or petroleum
  activity as defined under the Environmental
  Protect Act 1994

30
The complementary role of Schedule 1 of the IP Reg
Refer to the handout of the IP Amendment
Regulation
31
Sch 1 of the IP Regulation

• Schedule 1 of the IP Regulation identifies the
  level of assessability for development made
  assessable by the State

• Part 1
• Prescribes development the State has made impact
  assessable
• for example - MCU for a brothel in an area other
  than an industrial area

• Part 2
• Prescribed development the State has made code
  assessable, unless made impact assessable by a
  local governments planning scheme
• for example reconfiguring a lot

32
Sch 1 of the IP Regulation

• Part 3
• Prescribes development the State has made code
  assessable
• for example - building work made assessable
  against the SBR

• Part 4
• Identifies for development that the State has
  made self-assessable
• for example - building work made self-assessable
  under the SBR

33
How a local government makes development
assessable, self-assessable or exempt
looking at tables of development
Refer to handout 3
34
Recognising the relationship between sch 8 9
and a local governments planning scheme

• A local governments planning scheme cannot
  override schedules 8 and 9 of the IPA
• A planning scheme may determine the level of
  assessment for development not included in
  schedules 8 or 9

35
Recognising and differentiating between
IPA, transitional superseded planning
schemes
36
Local government planning schemes generally

• Principal role
• To ensure development occurs in an appropriate
  manner form

• Contain
• Local and State government policy direction and
  specify -
• the outcomes that are being sought in different
  areas of a local government area
• what kind of development requires a development
  application
• the criteria used to assess the suitability of a
  development proposal

37
IPA planning schemes
Many local governments throughout the State are
now operating under IPA planning schemes

• These are planning schemes that
• Were prepared and adopted after the commencement
  of IPA using the processes in schedule 1 of the
  IPA
• Use IPA terminology
• for example - material change of use, operational
  work, self-assessable development etc.
• Contain codes
• Reflect State Planning Policies in force at the
  time the scheme was made

38
Transitional planning schemes
Several local governments are still operating
under transitional planning schemes

• These are planning schemes that
• Were adopted prior to commencement of IPA under
  the provisions of the Local Government Act or the
  repealed LG(PE) Act
• Now operate under IPA
• Operate under the transitional form of IDAS
• that is - using Chapters 3 6 of the IPA
• Do not contain codes
• May have been amended since the commencement of
  the IPA

IPA takes precedence where the provisions in a
transitional planning scheme are inconsistent
with IPA
39
Superseded planning schemes planning scheme
policies

• These are planning schemes or policies that
• Have been amended since 30th March 1998 -
• in their entirety (i.e. a whole new scheme or
  policy) and was in force immediately before the
  current scheme or policy under which the
  application is being made or
• in part (i.e. a provision/development standard)
• This concept may apply to an IPA planning
  scheme or a transitional planning scheme

Every amendment to a part of a scheme or policy
creates a new superseded planning scheme
40
For a development application, there are 2
different types of approval that may be sought by
the applicant or given by the assessment manager
The 2 types of approvals
41
Development permit (known as a DP)

• A DP
• Must be obtained if development is assessable
• Authorises assessable development to occur -
• to the extent stated in the permit
• subject to the conditions in the permit and any
  preliminary approval (conditions of a DP must be
  consistent with any preliminary approval)
• Is necessary for each aspect of assessable
  development applicable to the proposal

42
Preliminary approval (known as a PA)

• A PA
• Is optional, however -
• may be mandatory prior to certification by a PC,
  if building work is assessable against the
  planning scheme
• Approves assessable development -
• to the extent stated in the approval
• subject to the conditions in the approval
• Does not authorise development to occur -
• A DP is still required
• Is legally binding
• May be used to assist in the staging of approvals
  
• May override a planning scheme

43
Preliminary approval (known as a PA)

• If the application is for a PA and the
  development requires
• Public notification -
• the subsequent DP application will also require
  public notification (unless the PA overrides the
  planning schemes as permitted under s3.1.6 of the
  IPA)
• Referral to a referral agency -
• the subsequent DP application will also require
  referral
• Referral coordination -
• the subsequent DP application will also require
  referral coordination

44
Preliminary Approval overriding the planning
scheme

• A PA overriding the planning scheme
• Does not need to be for assessable development
• may be for conceptual development (IPOLAA 2003
  amendment)
• May apply to MCU and other aspects of development
• May apply to code and impact assessable
  development, but all applications must be -
• publicly notified as per the notification stage
  of IDAS and
• be subjected to referral coordination

45
Preliminary Approval overriding the planning
scheme

• A PA overriding the planning scheme (cont)
• Cannot be given by the assessment manager unless
  applied for by the applicant
• May, in addition to approving development, do
  either or both of the following-
• state that subsequent development may be either
  assessable, self-assessable or exempt
• identify any codes applying to the development

46
Understanding the many
Roles in IDAS
47
Roles in IDAS

• Applicant
• Assessment Manager (AM) - usually the local
  government
• Alternative Assessment Manager - usually a State
  agency
• IDAS Referral Agency - usually a State agency
• Private Certifier (PC)
• Submitter
• A third party - usually a State agency consulted
  during referral coordination under the
  transitional provisions
• The Minister for Local Government and Planning
• Chief Executive (CE)
• Planning Environment Court
• Building Development Tribunal

48
Determining the assessment manager for an
application
looking at Schedule 8A of the IPA
Refer to handout 4
49
Schedule 8A of the IPA

• Table 1
• Identifies when the local government is the
  assessment manager for an application

If Table 1 does not apply move to Table 2

• Table 2
• Identifies when the port authority is the
  assessment manager for an application

If Table 2 does not apply move to Table 3

• Table 3
• Identifies special instances when a particular
  State agency may be the assessment manager for an
  application when there is only 1 assessment
  jurisdiction

If Table 3 does not apply move to Table 4
50
Schedule 8A of the IPA

• Table 4
• Identifies when a particular State agency may be
  the assessment manager for an application with
  multiple assessment jurisdiction

If Table 4 does not apply move to Table 5

• Table 5
• Identifies when the Minister for the Department
  of Local Government, Planning, Sport Recreation
  must determine the assessment manager for an
  application

• Table 6
• Identifies when a concurrence agency may become
  the assessment manager for an application

51
Roles in IDAS - Assessment manager
When the AM also has referral jurisdiction

• If an agency / local government is the assessment
  manager for an application
• AND
• Also has referral jurisdiction
• THEN
• The agency / local government is the AM for the
  application and has multiple jurisdictions

When the Minister determines the assessment
manager

• The Minister for the Department of Local
  Government, Planning, Sport Recreation can
  nominate an entity that was a candidate for
  assessment manager as a concurrence agency for
  the application

52
Roles in IDAS - Referral Agencies

• Have a formally recognised role in the
  assessment of specified development applications
  
• Are prescribed by the IP Reg, Schedule 2
• Are usually a State government agency
• If an agency is not in Schedule 2 of the IP Reg,
  they are not an IDAS referral agency
• An entity go by different names for the purpose
  of exercising their referral jurisdiction, but
  which in fact is the same natural person - is
  taken to be a single referral agency for the
  application
• Where the Minister decides the AM for an
  application an entity that was a candidate
  for the role of AM can be nominated as a
  concurrence agency for the application

Refer to the handout of the IP Amendment
Regulation
53
Roles in IDAS - 2 types of referral agencies
Schedule 2 identifies 2 types of referral agencies

• Concurrence Agency
• Can ask for further information
• Can direct the outcome of an application by -
• imposing conditions
• directing a PA only
• directing part approval only
• directing refusal

• Advice Agency
• Can assess the application
• Can offer advice to the assessment manager

54
The role of the Department in IDAS

• Minister
• Ministerial Powers of Direction
• Ministerial call - in
• Minister may be party to an appeal

• Chief Executive
• Referral Coordination - coordinated information
  request
• Referral assistance - resolves conflicting
  information requests
• Resolving conflicting concurrence agency
  responses
• Certain information publicly available

55
Examining the stages of IDAS
56
The 4 stages of IDAS
Application
Information Referral
Notification
Decision
57
Code vs Impact assessment

• Not all stages apply to all applications

Impact assessment
Code assessment
Application
Application
Information Referral
Information Referral
Notification
Decision
Decision
58
Application Stage
59
The application stage
Acknowledgment notice given by the assessment
manager (if required)
Application accepted by the assessment manager
Application received from the applicant
10 business days1 (if an acknowledgment notice is
required)
1 this period can not be extended
60
Properly made application

• IDAS development applications must be
• In the approved form
• IDAS Application Form 1 or 2 (available from the
  IPA website)
• Accompanied by the relevant fee
• For certain applications, supported by
• the written consent of the land owner or
• resource owners consent - if the application
  involves the taking or interfering with a State
  resource

The written consent of the land owner or resource
owner cannot be excused by the assessment manager
61
Owners consent

• Owners consent is only required for an
  application involving
• MCU
• Reconfiguring a lot
• Operational work -
• on land below high-water mark and outside a canal
• on rail corridor land

Owners consent (from the owner of the land
underlying the easement) is not required for land
the subject of an easement, where the development
is consistent with the terms of easement (IPOLAA
2003)
62
Taking or interfering with a State resource

• If an application involves taking or interfering
  with a State resource
• Certain evidence must be submitted with an
  application
• This evidence is -
• of an allocation, or entitlement to, the resource
• that the development is consistent with an
  allocation of, or entitlement to, the resource
• that an allocation of, or entitlement to, the
  resource is not required
• A State resource can be
• land
• material e.g. quarry material, water
• This evidence is required instead of, not in
  addition to, owners consent

(IPOLAA 2003)
63
Public scrutiny

• The AM must keep, for each application, the
  following documents available for inspection and
  purchase
• The application, including any supporting
  material
• Any acknowledgment notice
• Any information request made by the assessment
  manager or a referral agency
• Any properly made submission
• Any referral agency response

• The term supporting material includes
• Site plans
• Elevations
• Supporting reports

64
Information Referral Stage
65
Referral agencies and the IDAS process
Application stage
Referral of application
Assessment managers information request
Concurrence agency information request
Referral agency response
Notification stage
Decision stage
66
The information and referral stage
Assessment managers process
AMs info. request
Applicants response
AM continues assessment
up to 10 b.d1.
up to 12 mths1, 2
Concurrence agencys process
Referral agencys response
Concurrence agencys info. request
Applicants response
Applicant refers application
up to 3 mths1
up to 12 mths1, 2
up to 10 b.d1
up to 30 b.d1 (inclusive of up to 10 b.d. for
information request)
1 this period may be extended 2 - 3 months for
applications required by an enforcement notice or
in response to a show cause notice.
67
Referring the application to a referral agency

• The applicant must give each referral agency ?
• a copy of the application material (including
  plans and documents lodged with the application)
• a copy of the acknowledgment notice
• the prescribed concurrence agency fee
• Referral must be undertaken within 3 months of
  the acknowledgment notice being given to the
  applicant (otherwise the application lapses)
• The applicant must notify the AM of the agencys
  referral day (i.e the day the agency receives the
  above material)

68
Applicants response to an information request

• An applicant may respond to an information
  request by giving either -
• All of the information requested
• Part of the information requested with a notice
  asking for the assessment to proceed
• None of the information requested with a notice
  asking for the assessment to proceed

69
Referral agencys assessment response

• A referral agencys assessment response
• Must be given to the applicant and AM
• The applicant may negotiate the concurrence
  agency requirements before the AM decides the
  application
• The concurrence agencys response cannot be
  changed as part of a negotiated decision notice

70
Some applications trigger
Referral coordination
71
Referral Coordination

• Referral coordination occurs if
• The application involves -
• 3 or more concurrence agencies
• All or part of the application is for
• a MCU (assessable against a planning scheme) for
  a purpose prescribed under sch 7 of the IP
  Regulation or
• a MCU (assessable against a planning scheme) or
  reconfiguration, if the premises in prescribed in
  sch 8 of the IP Regulation (schedules renumbered
  under IPOLAA 2003)
• applies equally to transitional planning
  schemes and IPA planning schemes
• this has been misunderstood in the past therefore
  there is an IPOLAA 2003 amendment to move this
  form of referral coordination into Ch 3 to
  clarify its application to all planning schemes
• The application is for a 3.1.6 preliminary
  approval overriding the planning scheme (IPOLAA
  2003)

3 months for an application required by an
enforcement notice or in response to a show cause
notice.
72
Referral Coordination (cont)

• As a general rule, referral coordination is
  triggered regardless of whether the application -
  
• follows code or impact assessment
• is for PA or DP
• HOWEVER
• The assessment manager for an application may
  determine referral coordination is not triggered
  if, in their opinion, the development would be
  unlikely to have significant effects on the
  environment

73
The referral coordination process
Information request by concurrence agency
(s3.3.6)
Referral agencys assessment (s3.3.14-3.3.19)
Application other material referred
by applicant
Applicants response (s3.3.8)
Information request by AM (s3.3.6)
start of AM assessment
up to 12 mths2,3
up to 30 b.d.2 (including information request
period)
up to 3 mths1
up to 20 b.d2
1 this period can NOT be extended 2 this
period may be extended 3 3 months for
applications required by an enforcement notice or
in response to a show cause notice.
3 months for an application required by an
enforcement notice or in response to a show cause
notice.
74
Referral Coordination
Referral agencys assessment
Applicant refers application other material to
CE referral agencies
CE makes information request
Applicants response forwarded to AM referral
agencies
Start of AM assessment
up to 12 mths2
up to 3 mths1
up to 30 b.d.2
up to 20 b.d.2
1 this period may NOT be extended 2 this
period may be extended
75
Notification Stage
76
The notification stage

Applies only to applications involving impact
assessment
Submissions prepared by third parties are
received by AM
Public notification
Notice of compliance
up to 3 mths1
up to 20 b.d.1
Min 15 b.d. (30 b.d. if referral coordination
triggered)
1 this period may NOT be extended
77
When must notification commence?

• Notification must commence within 20 business
  days of -
• the AM and concurrence agencies information
  requests being responded to
• OR
• the AM and concurrence agencies information
  request periods expiring
• Otherwise the application lapses
• The notification stage may need to commence prior
  to the end of the information and referral stage
  (i.e. while IDAS referral agencies are providing
  their assessment response)

The notification period excludes any days from 20
December and 5 January of the following year,
both days included.
78
Notification actions

• There are 3 notification actions -
• notice in newspaper
• letter to adjoining owners
• sign on the land
• These actions need to be undertaken within 5
  business days of the first action being completed
• All notices must detail -
• a description of the proposal
• the property address
• the last day for receipt of submissions
• The notice on the land must be in the approved
  form (Form 7)
• The format for the notice is prescribed in
  section 11 of the IP Regulation

79
Submissions

• Submissions must be made before the end of the
  notification period
• A submission may -
• support a proposal
• object to all or part of a proposal
• The AM may accept a late submission -
• but the submitter will not have third party
  appeal rights
• Submissions can be withdrawn before a decision is
  made
• Submissions form part of the common material
  for an application and are therefore available
  through public scrutiny
• Details of the names and addresses of each
  principal submitter must be included in the
  decision notice for the application (IPOLAA 2003)

80
Properly made submissions

• For a submission to be a properly made submission
  it must -
• Be in writing
• Be signed by each person lodging the submission
• Be received on or before the last day of the
  notification period
• State the names and addresses of each person
• State the grounds of the submission
• Be made to the assessment manager

81
Notice of compliance

• Within 3 months of completing notification the
  applicant must give to the assessment manager -
• written notice that they have complied with the
  public notification requirements (otherwise the
  application lapses)
• This period cannot be extended

A notice of compliance is not required when the
notification is carried out by the AM on the
applicants behalf
82
Decision Stage
83
Decision stage
Applicant may suspend their appeal period and
make representations
AM may issue negotiated decision notice (if
requested)
Applicant may stop decision making period (up
to 3 mths2)
Submitters appeal period ( applicants new
appeal period if negotiated decision notice
issued)
AM assesses decides application
Decision notice given by AM
Applicants appeal period
20 b.d.1
5 b.d.2
20 b.d.2
.
20 b.d.2 (plus time to consider negotiated
decision notice)
1 this period may extended 2 - this period may
not be extended
84
Deciding the application

• In deciding the application, the AM must
• Approve all or part of the application
• with or without conditions
• OR
• Refuse the application

85
The decision notice

• Must state
• The day the decision was made
• Name address of each IDAS referral agency
• If the application is approved or refused
• If approved -
• the type of approval given (PA/DP) and conditions
• any other development permits necessary (from the
  AM)
• any codes required to be complied with for any
  subsequent self-assessable development
• If refused, the reasons for refusal
• If any properly made submissions were lodged
• Information about appeal rights

86
The development approval
Permit
Assessment managers conditions 1........ 2......
.. 3........ 4........etc
Concurrence agency conditions 1...... 2....... 3
....... 4.......etc
87
The concept of a deemed refusal

• If the assessment manager fails to decide an
  application within the decision period
• The application is not automatically taken to be
  a deemed refusal

• However
• The applicant may choose to lodge an appeal in
  the PE Court on the basis of a deemed refusal

• Alternatively
• The applicant may choose to wait for a decision
  on the application

88
When an approval takes effect
In order for development to be lawfully carried
out the development permit must have taken effect

• An approval takes effect
• If there is no submitter applicant does not
  appeal the decision -
• at the time the decision notice is given
• If there is a submitter -
• when the period for a submitter to appeal has
  expired
• If an appeal has been made -
• when the decision of the Court or tribunal is made

89
Currency periods

• Approvals lapse
• For a material change of use
• If the change of use has not happened
• 4 years after the approval takes effect or
• a time stated or implied in the approval

• For reconfiguring a lot
• If the plan is not lodged for endorsement by
  the local government
• 2 years after the approval takes effect or
• a time state or implied in the approval

• For operational works or building works
• If the development has not substantially started
  
• 2 years after the approval takes effect or
• a time stated or implied in the approval

90
Currency periods Vs completion period

• The IPA does not specify a time within which the
  development must be completed
• If the assessment manager wishes development to
  be completed by a particular point in time (e.g.
  2 years from commencement of the work) a
  condition needs to be included on the Development
  Permit

91
Changing a development approval (other than a
change of a condition of approval)

• A person can apply to change a development
  approval provided that the change is a minor
  change only
• The term minor change is defined in Sch. 10 of
  the IPA as follows

92
Changing a development approval (other than a
change of a condition of approval)

• Assessment managers deciding applications must
  either
• approve or
• refuse the change
• The assessment manager may decide a request to
  change a development approval under s3.5.25 even
  if the approval was granted by the court
• Implementation Note 18 Changing an Existing
  Approval -
• provides further information regarding this
  provision and is available on the IPA webpage
  (http//www.ipa.qld.gov.au)

93
Minor change applications and ownership

• Applications to change a development approval
  must contain the land owners consent for the
  affected land
• For tidal works applications -
• Part M of IDAS Form 1 requires particular
  information to help ensure that waterfront land
  is only used by those entitled to do so
• further reference should be made to the ECOACCESS
  guideline for coastal development entitled
  Constructing Tidal Works

94
Changing or cancelling conditions of approval

• A person wanting to change or cancel conditions
  of development approval can apply to make the
  change if
• no assessable development would arise from the
  change or cancellation
• An application to change or cancel conditions is
  to be made to the entity that decided the
  condition or required the condition to be imposed
  
• therefore, if the PE Court imposed the condition
  - a request to change that condition must be made
  to the Court

95
Declaration and appeal provisions
96
The Planning and Environment Court Building and
Development Tribunal

• The Planning and Environment Court has the
  jurisdiction to hear and decide declarations and
  appeals made under the IPA
• including for the review of a decision of the
  Building and Development Tribunal
• An appeal to the Building and Development
  Tribunal may only be about
• a matter under the IPA that relates to the
  Building Act 1975 or the Plumbing and Drainage
  Act 2002 or
• a matter prescribed by the IP Regulation -
  currently no additional matters prescribed by the
  IP Regulation

97
Declarations

• May be lodged in relation to -
• a matter done, to be done or that should have
  been done under IPA
• a planning instrument under IPA
• the lawfulness of land use or development
• the failure of the assessment manager to give an
  acknowledgment notice (if required)
• May be lodged by anyone, at any time
• Seeks clarification on an interpretative, for
  example -
• whether the proposal fits within one or other of
  the planning scheme definitions
• whether notification has been carried out in
  accordance with the IPA
• the meaning of terms such as what is a storey
  how is it measured

98
Appeals

• May be lodged by an applicant or a submitter only
• Are made after a decision has been made regarding
  the application
• Must be made within 20 business days of the
  decision notice being given to the relevant party
• Considers the merits of a decision on the
  application - i.e.
• the refusal or refusal in part of the application
• a matter stated in the approval including a
  condition imposed on the approval
• the giving of a PA when a DP was applied for
• the length of the currency period
• a deemed refusal

99
Appeals by a submitter

• A submitter may appeal to the Court against
• The giving of the approval, including any
  condition or other provisions of the approval
• The length of the currency period

• For applications involving both code impact
  assessment
• The submitters appeal rights are available only
  for the part of the application involving impact
  assessment

Submitters and advice agency submitters cannot
appeal a concurrence agencys condition or
direction
100
Development offences, notices and orders
101
Development offences

• A person must not carry out assessable
  development without a development permit
• A person must comply with applicable codes when
  carrying out self-assessable development
• A person must not contravene a development
  approval, including any condition in the approval
  
• The above provisions do not apply if development
  or a use is started because of an emergency

If an assessing authority reasonably believes a
person has committed, or is committing, a
development offence, an enforcement notice may be
given
102
Show cause notices

• Before giving an enforcement notice
• a person must be given a show cause notice
  inviting the person to show cause why the
  enforcement notice should not be given
• The person has 20 business days to respond to the
  notice

103
Enforcement notices

• If, after considering any response to the show
  cause notice, the assessing authority still
  believes it is appropriate to give the
  enforcement notice, the authority may give a
  notice requiring the person to do either or both
  of the following -
• refrain from committing the offence
• remedy the commission of the offence in the way
  stated in the notice

104
What an enforcement notice may impose

• The enforcement notice may require the person to
• Stop carrying out the development
• Stop a stated use of premises
• Demolish or remove works
• Restore premises to their original condition
• Ensure the development complies with a
  development approval or code
• Apply for a development permit
• If the work is dangerous, to -
• repair or rectify the work
• secure the work
• fence off the work

105
Assessing authority may take action

• If a person to whom an enforcement notice is
  given contravenes the notice by not doing
  something - the assessing authority may do it
• Any reasonable costs or expenses incurred by the
  assessing authority may be recovered from the
  person given the notice
• A person may bring a proceeding in a Magistrate
  Court on a complaint to prosecute another person
  on an offence against an enforcement notice

106
How IDAS applies in special circumstances
107
How IDAS applies in special circumstances

• Designated land
• Development under a designation is exempt
  development, to the extent it is
• Self-assessable or assessable development under a
  planning scheme
• Reconfiguring a lot
• Schedule 8 still applies

• Native Title
• The IDAS process stops if an action is required
  under the Native Title Act

• Public housing
• Development for public housing is exempt
  development to the extent it is assessable or
  self-assessable development under a planning
  scheme
• Schedule 8 still applies

108
The IPA Website
www.ipa.qld.gov.au
109
IPA website
www.ipa.qld.gov.au

• The Departments IPA website provides
• Access to current relevant legislation, policies
  codes
• Guidance on interpreting IPA
• Approved forms
• Links to related information
• Contact details within the Department
• The opportunity to provide feedback
• The website is structured around the core
  components of IPA -
• IDAS
• IPA Plan Making
• Infrastructure provision

110
IPA website

• Information about IDAS includes -
• IDAS Guideline 1
• a complete guide to implementing IDAS
• IDAS overview
• a summary of IDAS
• IDAS brochure
• A series of IDAS Implementation Notes
• assistance with interpreting specific issues
• Approved forms and notices
• A series of recommended letters and notices
  conforming with legislative requirements

111
Questions?
Slide 111
Slide 111