The Sustainable Planning Act 2009 requires certain development applications to be advertised or publicly notified.
Submissions can be made on a proposed development listed within the CairnsPlan as ‘impact assessable’. Normally, these are complex developments, or those that Council thinks might impact on neighbours or be potentially unsuitable for an area.
Developments that are straightforward, or considered generally suitable, are listed as ‘code assessable’. You cannot make a submission on these applications.
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'.
Who can make a submission?
Anyone can make a submission to Council opposing or supporting a development application.
Making a submission
Refer to the Have your say on a Development Application web page for details on how to make a 'properly made' submission.