How do I make a properly made submission on a development application in Queensland?

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 Requirements of a Properly Made Submission

Under the Act, a submission must meet all of the following technical requirements to be considered “properly made”:

1. Be in writing: It must be a written document, which can include email or an online portal submission.
2. Be signed: It must be signed by each person who made the submission (unless it is submitted electronically).
3. State the name and residential/business address: You must clearly identify yourself and provide an address for service.
4. State the grounds of the submission: You must clearly state the reasons for your objection (or support) and the facts and circumstances relied on to support those grounds. These should relate to planning issues (e.g., traffic, environmental impact, zoning inconsistencies), not purely commercial competition or personal dislike.
5. Be made to the assessment manager: Usually, this is the local council. Ensure you send it to the exact address or email specified on the public notification sign.
6. Be received during the notification period: This is the most critical rule. The submission must be received before the public notification period closes. This is a minimum of 15 business days. A submission received one day late is not a properly made submission.

Common Mistakes to Avoid

• Petitions: A petition is treated as a single submission. Only the principal petitioner (the person who submits it) will gain formal appeal rights, not the thousands of people who signed it. If you want standing, write your own individual submission.
• Irrelevant Grounds: Complaining that the new development will ruin your view or affect your property value carries little to no weight in planning law. Focus on non-compliance with the council’s planning scheme, such as excessive height, lack of setbacks, noise, or traffic congestion.
• Missing the Deadline: The 15 business day window passes quickly. The council will not extend it.

What Happens Next?

The council must consider all properly made submissions when deciding whether to approve the application. If the council approves the development despite your objection, you will receive a decision notice.

Because you lodged a properly made submission, you now have the legal standing to file an appeal in the Planning and Environment Court within 20 business days of receiving the notice.