Public notification & submissions

Public notification must be undertaken for a minimum of 15 business days (30 business days for an application that includes a variation request) and must not include the period between 20 December to 5 January. Applicants should seek advice on the notification period before starting public notification.

Public notification can start as soon as either:

• The Confirmation Notice is given, provided there are no concurrence agencies and that the Assessment Manager states in the Confirmation Notice that it does not intend on making an Information Request;
• The Information Request period (as described in the Act) ends and if no Information Request has been made during this period;
• The Applicant responds to all Information Requests and gives copies of any responses to the Assessment Manager.

The applicant must advise Council when notification has commenced. This is called the ‘Notice of Commencement’.  At the end of the notification period, the applicant must give the Assessment Manager written notice that all requirements have been met. This is called the 'Notice of Compliance'.

In order to receive appeal rights, submitters can only make a submission during a statutory Public Notification period (as prescribed in the Planning Act 2016).

Submissions must be received during the formal public notification period. Late submissions will be considered by Council, however rights to appeal are not afforded in this instance.

Making a submission during the nominated time period gives you the legal right to appeal Council’s decision on a development application through the Planning and Environment Court.

Submissions are not confidential and will be made available to the general public. Your submission will be displayed on Council’s Development Applications Online, though Council may redact information that is only of a personal nature. Your name and address will also be published within any Decision Notice issued for an impact assessable application.

Properly made submission

In order to be a 'properly made submission' and enable an appeal to be made to the Planning and Environment Court on the decision on the development application, each submission must comply with the following requirements:

• Is made to the assessment manager;
• Is made in writing in the form of a letter, an email, using the online submission form, a pro forma submission, or a petition;
• States the development address it relates to, or states the application reference number;
• Is signed by each person who made it (unless it is made electronically);
• Is received before the end of the public notification period;
• States the name and residential or business address of each person making the submission;
• States one (1) postal or electronic address for service relation to the submission for all submission-makers; and
• States the grounds (reasons) for the submission, including the facts and circumstances relied on in support of the grounds.

When stating the grounds of a submission and the facts and circumstances relied on, it is important to focus on planning issues such as:

• Is the proposed use consistent with the intent for the area as expressed in the CairnsPlan?
• Is the scale and design compatible with surrounding development?
• How does it address the street and interfaces with adjoining properties?
• Is there potential for the development to impact on traffic and car parking?
• Will it affect drainage patterns in the area?
• Does it protect and enhance the natural environment?
• Are there positive outcomes arising from the development?

If you lodge a submission and it is considered NOT ‘properly made’, the submission may be considered by Council’s Assessment Manager, however, you will not be afforded rights to appeal the final decision.

A submission can be lodged in the form of a letter, an email, using the online submission form, a pro forma submission, or a petition. These can be lodged to Council via the below options.

• ONLINE - complete the Online Development Submission form below
• IN PERSON - Over the counter at Council's Customer Service Centre, 119-145 Spence Street, Cairns
• BY MAIL - Cairns Regional Council Attention: Executive Manager, Development & Planning, PO Box 359, Cairns QLD  4870
• BY EMAIL - submissions@cairns.qld.gov.au

Submitters who make submissions during the notification period will receive a copy of the Decision Notice. Council only notifies the principal submitter where there are multiple signatures to a submission i.e. in the case of a petition.

It is the responsibility of the principal submitter to advise all submitters signing any petitions or pro-forma submissions of the Information Privacy Statement. We recommend that the following Information Privacy Statement be included on each petition or pro-forma submission.

Information Privacy Statement

Your personal information is being collected for the purposes of processing your submission for or against a proposed development.  This is authorised and handled in accordance with the Information Privacy Act 2009.

Submissions are not confidential and will be made available to the general public in accordance with the requirements of the Planning Act 2016. Your submission is posted on Council’s Development Application online tool, however information that is purely of a personal nature may be redacted. Your name and address will also be published within the Decision Notice.

You may amend your submission, by written notice, during the notification period.

You may withdraw your submission at any time before a decision about the application is made.

To amend or withdraw your submission, write to the Executive Manager, Development & Planning & Approvals at Cairns Regional Council, PO Box 359 Cairns QLD 4870 or email townplanner@cairns.qld.gov.au

Once Council has made a decision about the application, you will receive a copy of the Decision Notice via post or email.

If you signed your name in a petition, only the ‘principal’ petitioner (i.e. the person that signed their name first or identifies themselves as the contact person) will receive a copy of the Decision Notice.

If you made a 'properly made submission' and disagree strongly with the decision made by Council, you may appeal against the decision to the Planning and Environment Court during the 20-business day submitter appeal period. A copy of appeal rights are provided with the Decision Notice.