What is a code assessable development application and can it be challenged?

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.

These codes dictate things like:

• Maximum building height
• Boundary setbacks
• Car parking requirements
• Landscaping and site cover

If a developer submits a code assessable application and it complies with all the applicable codes, the assessment manager (usually the council) must approve it. The council has no legal discretion to refuse an application that ticks every technical box.

No Public Notification or Appeal Rights

Because code assessable developments are already deemed acceptable for the zone under the planning scheme, the law deliberately streamlines their approval.

Critically for neighbours and the community:

• There is no requirement for public notification (no signs on the land, no newspaper ads).
• The public has no right to lodge a formal submission.
• The public has no right to appeal the council’s decision to the Planning and Environment Court, regardless of how strongly they oppose the development.

What Can You Do?

If you discover a code assessable development is planned next door, your legal options are severely limited.

You cannot challenge the merits of the development. The only potential avenue is if the council failed to assess the application correctly against the codes. You can raise concerns directly with the council about the assessment process, but you have no formal standing in court.

This highlights why the creation of the planning scheme itself is so vital. Every 10 years, councils review their planning schemes and conduct public consultation. This is the community’s opportunity to argue against certain types of development being designated as code assessable in their area. Once the scheme is finalized, the rules are set.