Early Plan Sealing

After the requirements of CP.1.27.3 have been completed at the site, the Early Works Acceptance Submission form ( PDF, 0.42 MB ) may be emailed to planningadmin@cairns.qld.gov.au. The Early Works Acceptance Submission Form details all the required documentation for the submission. The Consulting Engineer’s signature is required on the declaration.

After we review the complete submission, we will send a meeting invitation to your representative for the Early Works Acceptance Inspection (Uncompleted Works Inspection). As the inspection takes place, Council representatives will ensure the workmanship and infrastructure at the site meet the standards required and are completed within the scope of the ‘As Constructed’ documents provided in the submission.

Once the inspection is complete, and all Council representatives are satisfied the current and uncompleted infrastructure can be accepted, the Uncompleted Works Bond must be paid. Following this, we will issue an Early Works Acceptance Certificate.

Overview of Process

The following is an overview of the process to pass an Early Works Acceptance Inspection and receive an Early Works Acceptance Certificate.

Download and review the Submission Guideline ( PDF, 0.49 MB ) and the Early Works Acceptance Submission Form ( PDF, 0.42 MB ). The Submission Guideline complements the Submission Form and provides advice and notes to help ensure your application is complete and the resulting inspection is geared towards passing, allowing an Early Works Acceptance Certificate being issued in an efficient manner.

Step 1 – Submission

Start collating all supporting documentation necessary to submit a completed application. We recommend you do this well in advance of submitting your application. It can take time to prepare all documentation and will involve third party professional assistance, including RPEQ certified engineers and Surveyors for example.

Once you have collated all your documents, ensure they are clearly labelled with the according Document Order Number, outlined on the Submission Form. For example, the Development Permit must be labelled as “Document 1”, the Security Lodgement Form must be labelled as “Document 2” and so on.

We have processes in place to ensure an efficient turnaround from submission to inspection to certification. It is vital that you lodge a complete and compliant Early Works Acceptance Submission. An incomplete submission will not proceed past an initial assessment.

We prefer that you lodge your applications electronically.

Step 2 – Assessment

The assessment of the Submission is a two-part process.

1. The initial assessment is an administrative check to confirm all documents required for the Works Acceptance have been submitted.
2. The technical assessment is a detailed review of the documents undertaken by Council Officers to confirm the content is correct and compliant.

Due to the administrative nature of the initial assessment, your application form must be entirely completed, including the documentation checklist. Our assessment will be carried out based on what has been detailed on the application form, missing information or incomplete sections will result in an application that cannot be assessed, and it will be returned to the you for resubmission.

You will be advised if Council identifies any errors or omissions in the Submission.

Step 3 – Inspection

Your representative is required to attend the inspection. Council is responsible for running the meeting.

Representatives from across Council will be present at the inspection to ensure comprehensive technical expertise can be provided.

If we identify any areas of concern, we will communicate this at the inspection. Depending on the level of concern, we may also include details in the Early Works Acceptance Failure Notice.

Step 4 – Uncompleted Works Bond

Following the Early Works Acceptance Inspection, we will send interim notification of the outcome. If this communication indicates the inspection passed, it will also include information regarding payment options for the Uncompleted Works Bond. The bond must 1.5 times the estimated cost of the uncompleted works, certified by an RPEQ Engineer.

You can pay the bond with cash or an unconditional bank guarantee. If using a bank guarantee, it must meet the following requirements:

• All details are correct, including Principle (Cairns Regional Council ABN 24 310 025 910) and Customer (Developer/Contractor name and ABN/ACN)
• The guarantee must be the original document
• The guarantee must contain a description of the following:
  • Contract/agreement
  • Secured obligation
  • Circumstances which trigger the use of the guarantee
• Amount of the guarantee must be specified
• Guarantee must be unconditional and irrevocable

If the bank guarantee does not meet the above, we will not be able to accept it.

Council will retain the original bank guarantee document until it can be released, when it will be returned to the bank or release back to you in person. A copy of the release document will also be sent out to the applicant.

We will retain cash bonds in trust. When this bond is due for release, a Bond Release Request form must be completed.

Step 5 – Inspection Outcome

We will determine the outcome of the inspection based on the requirements outlined in the FNQROC Development Manual and the approved Planning or Operational Works Permit.

If the inspection outcome is determined to be a pass, we will notify you in writing after the inspection. We will issue the Early Plan Work Acceptance Certificate after this.

If the inspection identifies defects or the site is not ready at the time of inspection, it will not pass. In this instance, we will provide an Early Works Acceptance Failure Notice detailing the conditions that must be met and charges due before a re-inspection can be booked.

Step 5 – Post Early Works Acceptance Certification

After the Early Works Acceptance Certificate is issued, you will be able to apply for Early Plan Sealing Plan of Subdivision.

Construction works can continue on site. On completion of the works, you will still require a Works Acceptance Certificate to release the Uncompleted Works Bond and to commence the Defects Liability Period.

Early Works Acceptance is not a substitute for Works Acceptance. Early Works Acceptance is used to enable the early sealing of the plan of subdivision. It is an interim certificate for the uncompleted works covered by a substantial bond. Works acceptance is always required after all works have been completed, regardless of early plan sealing or not.

You must complete any uncompleted works bonded under the early plan seal approvals within ninety (90) days of the Early Works Acceptance Certificate date, as per the FNQROC Development Manual CP1.27.2l.

An Early Plan Seal Plan of Subdivision allows the applicant to seal the plan of subdivision prior to completing all the required works by bonding the uncompleted works. After an Early Works Acceptance has been certified, you may submit an Early Plan Seal Plan of Subdivision Application.

Where an Early Plan Seal Plan of Subdivision is required to be signed, it is a legal requirement established under state legislation.

An Early Plan Seal Plan of Subdivision approval is, in general, a review of compliance against existing development approval conditions, legislation and regulations. It is not an additional assessment of the original development. If the development involves subdivision (Reconfiguration of a Lot), Council must approve the Subdivision plan before it is able to become a Registered Lot with the State of Queensland Titles Registry (Department of Resources).

As part of the development approval conditions, the following documents may need to be registered with the Titles Office in addition to the plan of subdivision:

• easements, especially where Council owned infrastructure (stormwater, water or sewerage);
• land transfer requests;
• covenants regarding land use and/or construction including preservation of vegetation, native animals or any cultural significance relating to the lot.

You should discuss the full requirements with your professional consultants and surveyors to determine the full extent of documentation required.

Overview of Process

The following is an overview of the process to apply for and receive an Early Plan Sealing Plan of Subdivision, following receipt of an Early Works Acceptance Certificate.

Step 1 – Application

The Early Plan Sealing Plan of Subdivision application form must accompany all applications. The form lists all required details and information to be provided.

Download and review the Submission Guideline ( PDF, 0.45 MB ) and the Early Plan Sealing Plan of Subdivision Application Form ( PDF, 0.42 MB ).

The Submission Guideline complements the Application Form and provides advice and notes to help ensure your application is complete, allowing for efficient issue of an Early Plan Sealing Plan of Subdivision Endorsement.

This service attracts an application fee at the time of lodgement. The application fee is listed in the adopted Development Assessment Fees and Charges Schedule ( PDF, 0.05 MB ).

We prefer that you lodge your applications electronically as indicated on the Application Form.

You should only submit a request for Early Plan Seal Plan of Subdivision after the Early Works Acceptance Certificate has been issued. It is your responsibility to submit evidence of all completed items pertaining to the development in support of the application.

Step 2 – Assessment

Council is required to assess the application in accordance with Schedule 18 of the Planning Regulation 2017.  If there are any items that have not been completed, we will issue an Incomplete Application Notice outlining what else needs to be completed in order to approve the Early Plan Seal Plan of Subdivision.

Only complete applications will be assessed. We will provide confirmation of a complete application. Once all the relevant documentation is provided to the required standard, we must approve the Early Plan Seal Plan of Subdivision.

Step 3 – Approval

Once Council is satisfied everything is complete, we must approve the Early Plan Seal Plan of Subdivision. We will issue a Notice of Approval - plan of Subdivision with the approval.

We will contact you to determine the preferred method of receiving the signed Early Plan Seal Plan of Subdivision and any other relevant documents promptly after the documents are ready.

Once an Early Plan Seal Plan of Subdivision is signed, applicants have six (6) months from the date of Council approval to lodge the Plan with Queensland Titles for Registration in accordance with Section 50 (5) of the Land Title Act 1994.

Step 4 – Post Early Plan Sealing Plan of Subdivision Approval

If the plans are not registered in the six (6) months after signing by Council, then Council approval lapses and the Early Plan Seal Plan of Subdivision will need to be re-signed. An entirely new application must be submitted including lodgement fees, up to date rates, water, and infrastructure charges.

You must complete any uncompleted works bonded under the early plan seal approvals within ninety (90) days of the Early Works Acceptance Certificate date, as per the FNQROC Development Manual CP1.27.2l.

Early Works Acceptance expedites access to land for further development. It is an initiative we support in order to boost development in the region. As part of Early Works Acceptance, there are responsibilities that sit with the developer who has received expedited access through the Early Works process.

When Early Works Acceptance is given for a development, the developer is responsible for maintaining the site to the standard approved at Early Works Acceptance.

Often when Early Works Acceptance is given, early access to the land is granted for further works to occur, including building works. These works may cause damages detrimental the approved works and development. Council expects and requires that all works are correctly constructed to the approved standards. This includes any and all damages caused between Early Works Acceptance and the Works Acceptance Inspection.

We suggest that you contact an Engineering Consultancy to help you prepare an Early Works Acceptance Submission. Many documents necessary for a complete submission require the certification of an RPEQ qualified engineer.

For the Early Plan Sealing Plan of Subdivision and application, we suggest that you contact a surveyor and town planner to help you prepare a plan and application. This will involve a licensed cadastral surveyor to undertake survey of the land and establish the new boundaries and the subsequent preparation of the Early Plan Seal Plan of Subdivision.

There are no charges appliable for the Early Works Acceptance Application. However, if the initial inspection does not pass, a re-inspection fee will be due before a re-inspection can be booked.

Charges apply for the Early Plan Sealing Plan of Subdivision Application.

All Council rates or charges and expenses that are a charge over the land under any Act must be paid before plan sealing. This includes rates and charges levied by us that are not yet due.

Infrastructure Charges are payable prior to the approval of the Early Plan Seal Plan of Subdivision. The final amount payable is calculated at the time of payment (indexed). You are advised to obtain an updated infrastructure charges calculation at least seven (7) to ten (10) days prior to submitting your application to enable the calculation and payment to be made in full.

To request an updated calculation, please send a written request specifying the Development Permit reference (or copy of Development Permit and/or the Infrastructure Charges Decision Notice) to planningadmin@cairns.qld.gov.au. We generally provide updated charges within five (5) business days.

Additionally, there is an application fee payable at the time of lodgement. Refer to the Fees and Charges Schedule ( PDF, 0.05 MB ) for the current application fee.

The timeframes in which we must decide on an application are set out in Schedule 18 of the Planning Regulation 2017. The Regulation states that we must approve a Plan of Subdivision within twenty (20) business days. The timeframe commences only when a complete application is received where it meets the minimum compliance requirements of Schedule 18 of the Planning Regulation 2017.

Importantly, the timeframe in which to ensure an application meets the minimum compliance requirements standards can vary and is not a statutory timeframe. Factors which affect the start of the statutory twenty (20) business days may include missing and incomplete application documentation and outstanding rates and infrastructure charges.

We welcome feedback on this process to ensure that it continually responds to the needs of customers. You can submit written feedback via email where it will be collected, reviewed and where necessary, actioned.

For assistance or questions, you can contact us via the following methods:

Phone

Call 1300 69 2247. Our Customer Service team will create a Customer Enquiry and a Council officer will contact you in a timely manner.

In person

Our Customer Service Centre at 119-145 Spence Street, Cairns is open from 8:30am to 4:30pm weekdays (excluding public holidays). Customer Service can create a Customer Enquiry and a Council officer will contact you in a timely manner.

Email

You can email a written enquiry.