Assessment Stage 5: Decision and conditions
Many applications are determined by delegates of Council, such as the principal planners within each Development Services Team or other Council officers. Other more complex applications are determined by Brisbane City councillors in the Council chamber (full Council).
Council delegate decisions
- The assessment manager prepares a report on a development application and submits the report to Council's delegate for determination.
- The delegate reviews the assessment report and any submissions that were lodged.
- The delegate determines the application.
- The applicant is notified of the decision.
Full Council decisions
Applications decided by full Council are first presented to the City Planning Committee.
The committee considers the:
- report of the assessment manager
- any submissions
- any proposed conditions of development.
If the committee is satisfied that all matters have been properly considered, the application is recommended to Council for approval or refusal.
The application is then decided at the next available Council meeting.
Informing the applicant of the decision
Council notifies the applicant of the outcome of their application within five working days of the decision being made. This notification is called the 'decision notice'.
Anyone who has made a properly made submission also receives notification of the decision.
If approved, the decision notice sets out the terms of the decision, appeal rights and conditions and in the case of a refusal, the reasons for the refusal.
The applicant has a 20 business day appeal period. However, the applicant may suspend the appeal period to lodge a request for a negotiated decision notice.
The notice must be lodged within 20 business days of suspending the appeal period.
The written representations in the notice must state what parts of the decision notice the applicant wishes to negotiate and why (for example, a condition of development). If Council agrees with any of the representations it must give a negotiated Decision Notice. If Council does not agree with any representation, it must give a notice stating the decision about the representations.
The applicant then has the balance of the applicant appeal period to lodge an appeal if they do not agree with Council’s Decision Notice. The balance is the 20 business days less the number of days between the start of the applicant appeal period and the date of suspension of the applicant appeal period.
Notice about the decision
The Planning Act 2016 requires Council to publish a Notice about the decision. This notice is required to be published on a website once either the applicant’s appeal period has finalised or when an applicant lodges an appeal against the decision. The Notice about the decision incorporates key information about the assessment of the application and a statement of reasons for the decision. The notice will be posted on PD Online at the appropriate time.