Owner's consent for applications including Council owned land | Brisbane City Council

Owner's consent for applications including Council owned land

Owner's consent is required from Brisbane City Council when Council owned land (or land held by Council in trust) is proposed to be the subject of, or included in an application.

Owner's consent can be requested online for the following types of applications that include Council owned land (or land held by Council in trust):

Owner's consent applications undergo an assessment process and are considered on a case by case basis. On completion of the assessment process, Council will advise whether owner's consent will be granted or whether Council owned land (or land held by Council in trust) is not permitted to be included in the application.

Development application

For development applications to be properly processed, the owner of all land included in the development application must consent to the application being made. The Planning Act 2016 (the Act) makes it mandatory to consent to the making of the development application for the owner of the land to which a development application relates to. In a development application context, owner's consent is required under the Act, in particular Chapter 3, Part 2, Division 2, Section 51.

The owner of land, premises or place as defined in the Act, includes Council owned freehold land as well as land held in trust by Council.

Owner's consent is not required when the land that is subject of an application:

  • has the benefit of an easement and the development is not inconsistent with the terms of the easement
  • is acquisition land and the application relates to the purpose for which the land is to be taken or acquired.

If owner's consent is granted to lodge a development application, this consent does not constitute nor imply approval of the subject development application, which is subject to normal develoment assessment requirements as set out under the Act.

Owner's consent is valid for 12 months from the issue date and the consent will automatically lapse if the development application has not been lodged within that time.

Change application

Owner's consent is also required when Council owned land is included in a change application.

Sewer or water connection application

If your application for owner's consent is approved by Council, easements will be required by Council and/or the Queensland Government for water and sewer infrastructure passing through Council or State owned land. Easements are required to allow for construction, maintenance, inspection, demolition, access and also control work in or near the infrastructure within the easement.

There are charges associated with the granting of easement applications on Council land. The easement application fee is $1769.90.

The easement land will be valued and the applicant is responsible for the costs of the valuer's service and the considerations cost of the easement area. 

For information about easements on State owned land visit the Queensland Government website.

Owner's consent - application process

On lodgement of your application with Council, Council will undertake stakeholder consultation to assess the suitability of Council owned land being included in the application. The standard consultation period for stakeholders is five working days from the receipt of the request.

A response either approving or objecting to owner's consent is generally provided to the applicant within three weeks from receipt of the request. However, in some circumstances, processing of the application could take longer.

Information required by Council 

Supporting information is required by Council as part of any application for owner's consent when Council owned land or, for some types of applications, land held in trust by Council is subject of or included in an application. The table below indicates general information required for each application type. 

Once your application for owner's consent is submitted, Council will advise if other information is required including site or vegetation management plans, detailed design documents, construction methodology or hydraulic reports.

  Letter of request stating details of application Completed DA form/s Title search Plans and photos Completed Heritage Exemption Certificate Completed Riverine Protection Permit Completed Clearing Plant Protection Permit QUU Property Owner's Consent Form (sewer)
Development application Yes Yes Yes Yes        
Change request Yes Yes Yes Yes        
Heritage Exemption Certificate Yes   Yes Yes Yes      
Water or sewer (QUU property owner's consent form) Yes   Yes Yes       Yes
Access Council land for geotechnical investigations Yes   Yes Yes        
Riverine protection permit Yes   Yes Yes   Yes    
Clearing plant protection permit Yes   Yes Yes     Yes  

How to apply

Submit your application online.

Once your application has been submitted, a Council officer will contact you.

If you have any questions about your application, email Council's Land Use Management team

Related information

Find out how to:

 

10 October 2018