Planning Permissions

It is useful, very early in the process of planning a development, to identify what kind of planning permissions will be necessary for the development to proceed. As a general guide:

• An outline Development application is the best way to get an indication as to whether a development - particularly a master-planned development or any large, mixed use development - is appropriate for a site.
• A detailed Development application will be required if the proposal involves any earthworks, building or extending of structures, removing large trees, or changing the use of a site or building.
• A Subdivision application will be required if the proposal involves surveying land to create one or more lots.
• A Rezoning application is required if the proposed development is not able to be accommodated within the current zone of the land.

Once the necessary permissions have been identified, appropriate plans and reports can be prepared (and, if necessary, consultants engaged) to seek and obtain approval for the development in a timely manner.

A Development Application is a request for permission to use a particular piece of land for a specific use, or to carry out a particular activity. ‘Development' includes construction, earthworks or the use of any land or building for a new purpose. There are two types of application: detailed applications and outline applications.

Detailed applications are most common, and seek permission for a specific activity or construction on a piece of land. A detailed development application must be received and approved by the appropriate authorities prior to the commencement of any:

• Building, rebuilding, extending or altering the outside of any building;
• Forming or widening of any road or access;
• Earthworks altering the level of land;
• Destruction of significant vegetation;
• Materially different use of land or building.

A development application results in a Development Permit, which allows the use of the land for the proposed purpose. Applicants wanting to carry out building work also need to apply for a Building Permit, to endorse the methods of construction as safe and adequate.

Through Outline applications, developers are able to make preliminary enquiry, asking if a development concept plan is generally appropriate for a site. An outline approval can receive ‘Approval in Principle' and must be followed by a detailed application, requiring approval before any work or use can commence. Through the consideration of an outline application, the local authority and Department of Town & Country Planning can provide detailed advice about site and development requirements to inform the detailed design of the development.
Outline development applications may be for Building or for Master Plans. Outline Building applications are particularly relevant for substantial developments of a new type. This includes hotels and resorts or a major shopping complex. Outline Master Plan applications relate to large, staged, or integrated developments. This includes comprehensive residential subdivisions or integrated resort developments, for which complex assessment is required to identify the issues facing development or manage development and infrastructure phasing.

A Subdivision Application is a request to divide a parcel of land for sale, transfer, partition or similar. ‘Subdivision' includes dividing an existing lot into smaller lots, realigning the boundaries of an existing lot or lots, amalgamating small lots to create a larger lot, and establishing a lot by boundary survey. It may be the absolute division of a large area into small parcels (such as a residential or industrial estate), or the excision of a small number of lots from a balance area. In remote areas or coastal locations, subdivision may entail a periphery survey to delimit the subject land.
All lots that are created under the Subdivision of Land Act or the Town Planning Act have access over public land and rights of way and can be individually titled (by Torrens Title) for sale, lease and other purposes. The creation of lots within common property (strata-titling) is not carried out through subdivision; but through a different process through the Director of Lands. Subdivision almost always requires the services of a registered surveyor to measure, peg and record the boundaries of the new lots. A subdivision is not complete until survey plans have been lodged and approved.

A Rezoning Application is a formal request for the local authority (or Director of Town and Country Planning, if the site is outside an area covered by a Town Planning Scheme) to consider amending the planning regulations relating to an area of land. Although such a request may be made at any time, rezoning is usually only considered in association with a specific development proposal ? rezoning to change the land value or alter the type of rates payable is not encouraged. For this reason, it may be necessary, especially outside of areas with Approved Town Planning Schemes, to provide a Concept Plan for the site to inform the assessment process.
The only time that rezoning is required (and approval is therefore guaranteed) is when approval- in-principle is granted for an Outline Development application for a development that requires different zone for development to proceed. In these cases, lodgement of a rezoning application will be a condition of the approval-in-principle.