Public Notification

Public notification is required for certain development applications to ensure members of the public are aware of the development and have the opportunity to make submissions.

Public notification is required for:

  • A development that requires impact assessment
  • A preliminary approval that affects a planning scheme
  • A variation request that affects a planning scheme

A submission may object to all or part of the development, and/or support all or part of the application.

All submissions are considered by the assessment manager, however only properly-made submissions can be used to appeal Council's decision on an Impact Assessable application through the Planning and Environment Court.

Submissions are not confidential. As required by the Planning Act 2016, all submissions including individual details may be published on Council's website.

For impact assessable applications, Council will consider all submissions and must send a copy of the decision notice to each principle submitter.

For more information about when an application requires public notification and how submissions can be made please refer to the factsheet Having Your Say on Development Applications prepared by the Department of State Development, Infrastructure, Local Government and Planning.

 

Development Applications on Public Notification:

To view applications on pubic notification please visit MyCouncil.

 

Public Submissions & Submitter Appeals Process:

What is a submission?

Members of the public can support or oppose impact assessable development applications by making a formal submission. A submission is a written statement supporting or opposing a proposed development.

Acceptable Submissions

To be considered "properly made", a submission must:

  • be made to the Assessment Manager (Council);
  • be in writing and signed by each person who made the submission unless the submission is made electronically;
  • state the name and residential address or business address of each person who made the submission;
  • state one postal or electronic address for correspondence relating to the submission for all submission-makers;
  • state what aspects of the plan of proposed development you support or oppose and why; and,
  • be received by Council during the formal public notification period. 

Council needs to understand the reasons behind your submission. For example, if you think the type of development proposed for your area is unsuitable, you need to say why it is unsuitable, not simply that you do not like it.

A person who makes a properly made submission is called the 'submitter'. All submissions are considered in the assessment of the application. Once the application is decided and the applicant appeal period has ended, a copy of the Decision Notice is sent to all submitters; or the principle submitter if the submission was signed by several people (e.g. a petition).

Lodging a Submission

You can view applications on public notification and learn how to make a submission using MyCouncil. 

Submissions can be made by email using the following Submission Form -  Notice of Submission About Development Application Form and emailed to enquiries@cassowarycoast.qld.gov.au

Submissions can also be made in writing and delivered to Council's Innisfail or Tully offices or mailed to: 

Chief Executive Officer
Cassowary Coast Regional Council
PO Box 887
Innisfail QLD 4860

Grounds for Submission

The following are examples of grounds for submissions:

  • Whether the proposed use is consistent with the intent for the area.
  • Whether the scale and design of the proposed development is compatible with surrounding development.
  • How the development addresses the street and interfaces with adjoining properties.
  • Any potential traffic and car parking issues associated with the development.
  • Hours of operation.
  • How the development may impact on drainage patterns in the area.
  • How the development fits with any objective of the planning scheme to protect and enhance the natural environment.
  • Adverse amenity impacts, such as dust or noise.

Appeal Rights for Submitters 

A submitter for a development application may appeal to the court only against:

  • The Assessment Manager’s decision on the part of the application requiring impact assessment under section 53 of the Planning Act 2016.

An appeal may be against the giving of the approval or a provision of the approval including:

  • The conditions, or lack of conditions, for the approval.
  • The length of the relevant period for the approval.

When can you Appeal?

A submitter may only appeal against a decision by Council within the submitter appeal period, which begins after the Decision Notice or negotiated Decision Notice is given to the submitter. The submitter appeal period is 20 business days. Council advises submitters in writing when their appeal period begins and ends.

Lodging an Appeal 

To lodge an appeal, a notice of appeal form must be completed and lodged with the accompanying fee to the Planning and Environment Court.  More information about lodging an appeal can be found at Queensland's Planning Framework (Dispute Resolution). 

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