The Sustainable Planning Act 2009 requires certain development applications to be advertised or publicly notified. This notification gives interested community members an opportunity to review and provide comments on a development application.
Details of the proposed development must be included as part of public notification to ensure that the public is aware of the existence and nature of the application. This enables interested parties to make a 'properly made' submission.
Public notification of an application is required if any part of the application requires impact assessment.
Guidelines and timeframes for public notification
Notification can start as soon as either the:
- Acknowledgement Notice is given, provided there are no concurrence agencies and that the Assessment Manager states in the Acknowledgement Notice that it does not intend on making an Information Request;
- Information Request period (as described in the Act) ends and if no Information Request has been made during this period;
- Applicant responds to all Information Requests and gives copies of any responses to the Assessment Manager.
The following public notification requirements apply:
- Publish a notice (at least once) in a newspaper circulating generally in the locality of the land the subject of the application;
- Place a notice on the land the subject of the application (in the approved form as detailed in the Act) for the full notification period. The notice must be maintained from the day it is placed on the land until the end of the notification period;
- Give notice to the owners of all land adjoining the land subject of the application.
The notification period is a minimum of 15 business days. It is recommended that you seek advice as to the notification period prior to commencing public notification.
The applicant must notify Council when the notification of the application has commenced. This is called the ‘notice of commencement’.
When the notification period has ended, the applicant must give the Assessment Manager written notice that the notification requirements under the Act have been met. This is called the 'notice of compliance'.