What is an impact assessable development application in Queensland?

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.

The Queensland Government’s official planning framework guidance is available at planning.qld.gov.au , and your council’s development applications register is where notifications will appear. For Gold Coast residents, this is the Gold Coast City Council Development Application Register .

The Three Categories of Assessment

Under the Planning Act 2016 (Qld) and the relevant planning scheme, a development application will fall into one of three categories.

Accepted Development

These are uses or works that are consistent with the zone and listed as accepted in the planning scheme. They require no development approval at all and have no public notification or appeal process. A common example is a standard internal renovation that does not alter the building’s footprint.

Code Assessable Development

These applications are assessed strictly against the rules set out in the relevant planning scheme, including codes for height, density, setbacks, car parking, and built form. If the development meets all the applicable codes, the approval must be granted. The assessment officer has no discretion to refuse an application that ticks every box.

Critically, the public has no right to make a submission and no right to appeal a code assessable decision, regardless of how strongly they feel about the outcome. The only avenue is a complaint to the council about whether the assessment was conducted correctly, not about the merits of the development itself.

This is why the planning scheme itself is so important. Every 10 years or so, councils undertake a review of their planning scheme. It is during that review process, which includes its own public consultation period, that the community has the greatest opportunity to influence what can and cannot be built in their area by right.

Impact Assessable Development

Impact assessable applications involve larger developments or projects in sensitive areas that carry a higher potential for environmental or community impact. The assessment is not limited to the planning scheme codes: it must consider the broader public interest, relevant state planning policies, overlays, and any other relevant matters.

Because of this broader assessment, impact assessable applications must be publicly notified, giving the community an opportunity to make submissions. This is the gateway to formal appeal rights.

Examples of development that is typically impact assessable include:

• large residential or mixed-use developments that exceed code thresholds (for example, a high-rise unit building in a low-medium density zone)
• commercial or industrial development in a sensitive location
• development in an environmental protection, bushfire, or flood overlay area
• development in a heritage area or involving a heritage-listed building
• infrastructure projects with significant environmental footprints, including cable cars, quarries, and major earthworks
• development that requires a variation to the planning scheme

The Public Notification Process

Once an impact assessable application enters the public notification stage, the following must occur under the Planning Act 2016 (Qld) and the Development Assessment Rules made under it:

1. A notice sign must be erected on the land describing the proposed development, identifying the applicant, and stating where more information can be obtained.
2. The application must be published on the council’s development applications register, making it publicly searchable.
3. The public submission period opens for a minimum of 15 business days from the date the notice is properly given. Note that this is business days, not calendar days, but 15 business days is still only three weeks.

For major or complex applications, the notification period may be longer, but the statutory minimum of 15 business days is the floor.

What Is a “Properly Made Submission”?

This phrase is a term of art under the Planning Act 2016 (Qld) and matters enormously. A submission that does not meet the formal requirements is not a properly made submission and does not give you standing to appeal.

A properly made submission must:

• be in writing (including email)
• be made to the assessment manager (usually the council) or the referral agency where directed
• be received within the notification period (not a day late)
• state the submitter’s name and contact details
• state the grounds of the submission (what you object to and why)
• state what outcome you are seeking

An online petition or a letter to your local councillor does not constitute a properly made submission under the Act, even if it has thousands of signatures. Only a compliant individual submission to the assessment manager gives you standing.

For body corporates, strata committees, and community groups, each member who wishes to retain standing should submit individually. A single submission in the name of a group may give the group standing but may not protect individual members.

How to Find Development Applications in Your Area

Do not wait for a sign to appear on a property. Check the relevant development register regularly if you are concerned about a particular area:

• Gold Coast City Council: goldcoast.qld.gov.au development applications
• Brisbane City Council: developmentapplication.brisbane.qld.gov.au
• All Queensland councils: Search via MyDAS2 (Development Assessment System)
• State-level applications (impact on state land or infrastructure): DAF: State Assessment and Referral Agency (SARA)

Appealing to the Planning and Environment Court

If you lodged a properly made submission during the notification period and the council subsequently approves the development, you have the right to appeal to the Planning and Environment Court under Chapter 6 of the Planning Act 2016 (Qld).

This is a merits review, not a judicial review. The court can look at all aspects of the decision and substitute its own judgment. It can:

• uphold the council’s decision
• refuse the development that the council approved
• impose additional conditions
• approve a development that the council refused (if you were the applicant)

The appeal must generally be filed within 20 business days of the council’s decision notice. Time limits are strict.

A Planning and Environment Court appeal is a significant legal proceeding. It involves filing a notice of appeal, pleadings, expert evidence (town planning, traffic, acoustic, environmental), and potentially weeks of hearing time before a judge. Legal representation is strongly advisable.

Guidance on the appeal process is available from the Queensland Department of State Development, Infrastructure, Local Government and Planning at planning.qld.gov.au: Dispute resolution .

What If No Formal Appeal Right Exists?

If the application is code assessable, or if you missed the submission window for an impact assessable application, formal court challenge is not generally available. However, several non-legal strategies remain:

• Raise concerns directly with the council about whether the assessment was conducted correctly (not the merits, but the process)
• Contact your local councillor to raise the community concern through the political process
• Apply for a review of the planning scheme if you believe the zone itself is inappropriate for the type of development being approved by right
• Monitor for future applications on the same site if approval lapses or conditions are amended
• Engage with the Environmental Defenders Office Queensland (edoqld.org.au ) if there are significant environmental concerns that may attract standing under environmental laws

Comparison at a Glance

	Accepted Development	Code Assessable	Impact Assessable
Approval required?	No	Yes	Yes
Public notification?	No	No	Yes (min 15 business days)
Public appeal rights?	No	No	Yes, if properly made submission lodged
Assessment scope	None	Against codes only	Codes plus broader public interest
Where to appeal	N/A	N/A	Planning and Environment Court
Cost of appeal	N/A	N/A	Significant: legal advice essential

Last updated: May 2026 — see also Ep 13: Administrative Law and Government Decisions