Planning & Environment FAQs

In Queensland, not all development applications give the public the right to object or appeal. Whether you have any formal legal standing depends almost entirely on what category the application falls into under the Planning Act 2016 (Qld) and whether you lodged a properly made submission during the notification window. Understanding the difference between code assessable and impact assessable applications is the first thing to check before taking any action.

In Queensland’s planning system, development applications are categorised by the level of assessment they require. If a development proposed near your home is code assessable, the rules regarding public participation are very different from the more complex “impact assessable” applications. What is Code Assessable Development? Under the Planning Act 2016 (Qld) , a code assessable development is one that is generally expected and appropriate for the area, provided it meets the specific technical rules (the “codes”) set out in the local council’s planning scheme.

If a development is proposed in your neighbourhood and it is categorised as an “impact assessable” application, the public has the right to object. However, simply writing an angry letter to your local councillor or signing an online petition will not give you any legal standing to appeal the council’s decision. To secure your right to appeal to the Planning and Environment Court, you must lodge a “properly made submission” under the Planning Act 2016 (Qld) .

The proposed Springbrook Cableway project is a complex development that faces multiple independent approval regimes across federal, state, and local jurisdictions. All of these regimes must be satisfied before the project can proceed. 1. Federal Environmental Assessment Springbrook forms part of the Gondwana Rainforest World Heritage area. Under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) , any action that will have a significant impact on a World Heritage property must be referred to the Federal Environment Minister for assessment as a “controlled action.”

If your local council has approved an impact assessable development application that you strongly oppose, and you successfully lodged a properly made submission during the public notification period, you have the right to appeal the decision to the Planning and Environment Court. The Planning and Environment Court of Queensland is a specialist court that deals with town planning and environmental disputes under the Planning Act 2016 (Qld) . 1. Strict Time Limits You must file your Notice of Appeal in the Court within 20 business days of the date the council’s decision notice was given. Time limits are strictly enforced. Do not delay in seeking legal advice.