This page is sourced from the former Cairns City Council website. For more information, click here. Development Certificates
A person may apply for one of three types of planning and development certificates:
An application can be made on a Land Record Search form and must be accompanied by the fee. A separate application must be made for each individual property.
The purpose of the certificate is to provide information applicable to specific premises on planning scheme provisions, infrastructure charges or agreements and development approvals.
A local government must give a planning and development certificate to an applicant within-
(a) if the certificate is a limited certificate-5 business days
(b) if the certificate is a standard certificate-10 business days
(c) if the certificate is a full certificate-30 business days
Limited planning and development certificates
A limited planning and development certificate contains the following information for a premises-
(a) a summary of the provisions of any planning scheme, including any infrastructure charges schedule or regulated infrastructure charges schedule, applying specifically to the premises;
(b) if any of the regulatory provisions or the draft regulatory provisions apply to the premises-a description of the provisions that apply;
(c) a description of any designations applying to the premises.
Standard planning and development certificates
A standard planning and development certificate, in addition to the information contained in a limited planning and development certificate, contains the following information for premises-
(a) a copy of every decision notice or negotiated decision notice for a development approval that has not lapsed;
(i) details of any decision to approve or refuse an application to amend a planning scheme made under section 4.3 of the repealed Act, including any conditions of approval;
(ii) a copy of any information recorded for the premises in the infrastructure charges register or regulated infrastructure charges register;
(b) details of any minor changes to the development approval;
(c) a copy of any judgment or order of the court about the development approval;
(d) a copy of any agreement to which the local government or a concurrence agency is a party about a condition of the development approval;
(e) a copy of any infrastructure agreement applying to the premises to which the local government is a party;
(f) a description of each proposed amendment of a planning scheme the local government has decided to proceed with under schedule 1, section 16,139 but has not been adopted.
Full planning and development certificates
(1) A full planning and development certificate, in addition to the information contained in a limited and standard planning and development certificate, must contain or be accompanied by the following information for premises-
(a) if there is currently in force for the premises a development approval containing conditions (including conditions about the carrying out of works or the payment of money, other than under an infrastructure agreement)-a statement about the fulfilment or non-fulfilment of each condition, at a stated day after the day the certificate was applied for;
(b) if there is an infrastructure agreement to which the local government is a party-
(i) if there are obligations under the agreement that have not been fulfilled-details of the nature and extent of the obligations not fulfilled; and
(ii) details of the giving of any security and whether any payment required to be made under the security has been made;
(c) advice of-
(i) any prosecution for a development offence in relation to the premises of which the local government is aware; or 139 Schedule 1 (Process for making or amending planning schemes),
(ii) proceedings for a prosecution for a development offence in relation to the premises of which the local government is aware.
An applicant may request that a full certificate be given without the information normally contained in a limited and standard certificate.
If a condition under subsection (1)(a) relates to the ongoing operating requirements of the use of premises, the statement need not make reference to the fulfilment or non-fulfilment of the conditions.