Levels of assessment

The Planning Act 2016 defines the following levels of assessment for development:

Accepted development

Certain types of projects are considered accepted development and do not need a development application from Council if they meet all relevant assessment criteria in the CairnsPlan 2016 or Planning Act 2016. These projects may still need building certification so check with a building certifier before starting work.

Whether a project is accepted development depends on the property’s zoning and if any local plans or overlays apply.

The proposed development must comply with all the applicable assessment criteria. If not, it becomes Code Assessable and a Development Application is required.

Note:  Accepted development was previously referred to a ‘Self assessable development’ under the Sustainable Planning Act 2009 (which has since been repealed).

Code assessable

Code assessable development requires a Development Approval from Council.

It includes development which is Accepted development but does not meet one or more of the Acceptable Outcomes of the applicable codes. Code assessable development is assessed only against the applicable codes identified in the CairnsPlan.

Applications are not required to be publicly notified under the Planning Act 2016. The community can still make a submission to Council about the proposed development, however there are no rights of appeal. Council officers assess the application against the relevant codes in the CairnsPlan and any relevant matters under the Planning Act 2016 & other legislation.

Impact assessable

Impact assessable development requires a Development Approval from Council.

It applies to development which is inconsistent with the designated use (eg current site zoning) and which could result in impacts requiring a greater level of assessment against the planning scheme, as well as other matters in the Planning Act 2016 and Planning Regulations 2017.

Normally, these are complex developments or those that Council thinks might impact on neighbours or be potentially unsuitable for an area.

An Impact assessable application must undergo public notification for the community to have a say, typically for a minimum period of 15 business days. The applicant must inform the public of the opportunity to make a submission by:

• Placing notices on the site informing the public
• Issuing a letter of notification to the owners of adjoining properties
• Publishing a notice in a locally circulating newspaper.

Public submissions made about the development application may be in support or against the proposed development.

Prohibited development

Prohibited development is listed under Schedule 10 of the Planning Regulation 2017. Applications cannot be made for these types of development.