08/0169 - MCU - Dwelling House To Be Assessed Against the Superseded Planning Scheme [As Published] · 132008.169

INTEGRATED PLANNING ACT 197 Part A, Version 3.0, 3 September 2007

Advice for completing Part A

 

General advice

Act 1975 only.

© — Under IPA, section 3.2.1(7) mandatory requirements must be correctly completed for a development application to be a ‘properly made application’.
The assessment manger may refuse to receive an application that is not properly made.

« — Completion of Part A of Form 1 is required for all development applications, Other mandatory requirements, applicable to certain types of applications,
are stated in other Parts of Form 1.

« The IDAS Assessment Checklist must also be completed for all development applications, other than those requiring assessment against the Building

« — For further information about completing this form go to IDAS Guide 1 (Making and IDAS application)

 

ai

The premises, the subject of the application, may be identified in a number of ways. Street address and lot on plan are most common.
Lot on plan details can be obtained from title documents or through the local government.

The term ‘premises’ is defined by the IPA, schedule 10 to mean a building or other structure, and land (whether or not a building or
other structure is situated on the land). The term ‘land’ is also defined to include the estate in, on, over or under the land.

A description of the land is not required if the application relates to a mobile and temporary Environmentally Relevant Activity (ERA)
only. Instead complete Q1(a).

StrategicPortLand is within a local government area but a local government's planning scheme does nat apply on Strategic Port Land.
StrategicPortLandis declared under the Transport Infrastructure Act 1994. For further information go to IDAS Guide 11 (Development
on strategic port land) and the Queensland Transport (Ports) website.

 

Q2

Coordinates often provide the best means of accurately identifying the location of development proposed in waters, or on a relatively
small development site distant from property boundaries. Sufficient coordinates need to be provided to identify the boundary of the
premises the subject of the application.

Eastings and northings using GDA94 datum is preferred, but longitude and latitude and other (specified) datum may be provided.

 

Q3

A single development application may involve land both within and outside waters.

A ‘watercourse’ is defined by the Water Act 2000, schedule 4 and generally means a river, creek or stream upstream of the point to
which high spring tide ordinarily flows and reflows (unless a regulation has declared a limit for the watercourse). Generally, a
watercourse is in the jurisdiction of the Department of Natural Resources and Water.

“Tidal water’ is defined in the Coastal Protection Act 1995 (Schedule) and ‘tidal area’ for a local government and for strategic port land
is defined in the IPA (schedule 10). Generally, the area below ‘high-water mark’ (defined by the Coastal Protection Act in relation to
high water mark at spring tides) establishes the boundary of a tidal area.

Land below high water mark is not within a local government's area unless provided for under the Local Government Act 1993.

Unless otherwise provided for by legislation, a local government has no jurisdiction below high water mark. A tidal area for strategic
port land is within the jurisdiction of the relevant port authority, while the Environmental Protection Agency generally has jurisdiction for
a local government tidal area. However, the IPA gives local governments jurisdiction for assessing and deciding applications for
prescribed tidal works within the tidal area for a local goverment, and the planning scheme may be applied to that assessment (to the
extent provided for in the code for prescribed tidal work).

 

Qg

The applicant need not be the owner of the land. However, the applicant is responsible for ensuring the information provided on the
Form 4 Application Form (including this Part and any other relevant Part) is correct.

If the applicant is a company or organisation, a contact person must be nominated.

Evidence of this consent may need to be provided before the application will be accepted as properly made by the Assessment
Manager, during the processes of the application or in the event of an appeal about the outcome of the application.

 

Q10

 

Section 3.2,1(5) of the (PA requires evidence of resource entitlement be given for applications involving a prescribed State resource.
Schedule 10 of the Integrated Planning Regulation 1998 (IPR) prescribes the State resources, including State-owned land, where
evidence is required to be given, and the evidence required to support the application. Link to Integrated Planning Regulation
Section 3.2.1(10)(a)(ii) states an application cannot be taken to be properly made without the required evidence..

Evidence may be required from more than one Department responsible for a State-owned resource, e.g. from the Environmental
Protection Agency for quarry material below high water mark, and the Department of Natural Resources and Water in relation to the
State-owned land above high water mark.

In the case of applications involving the taking or interfering with water under the Water Act, the development application may be
made at the same time as the request for resource entitlement.

In the case of State-controlled roads, a resource entitlement is not required for an activity that is exempt ancillary works or
encroachment (identified by gazette notice under the Transport Infrastructure Act 1994, section 50), or if the activity requires referral to
the Department of Main Roads.