Assessment Stage 3: Information request
Under the Planning Act 2016 (PA), unless an applicant has advised that they do not agree to accept an information request, Brisbane City Council may request further information via an information request within the following timeframes:
- for impact assessable applications and code assessable applications - 10 business days of a confirmation notice being issued; or
- for code assessable applications - 10 business days following the completion of the application part of the Development Assessment Rules
The PA allows for Council to seek extension of this timeframe by written agreement between Council and the applicant.
External referral agencies can also make information requests. These requests are sent directly to an applicant, with a copy forwarded to the assessment manager.
More information is commonly requested about the following matters:
- investigations into potential flooding and/or overland flow
- stormwater disposal and lawful point of discharge
- unclear plans or lack of plans required to assess the development
- adequately addressing relevant City Plan Codes
- site access, parking and manoeuvring
- investigation of acoustic impacts
- lack of justification for removal of vegetation
- investigation of acid sulphate soils.
It is useful to contact the assessment manager to discuss the information request and arrange a meeting to ensure that all the matters are resolved.
To enable a timely outcome, all information requested should be submitted to Council as soon as possible. However under the PA, applicants have three months from the date of the information request to send the information response to the assessment manager. This time period may be extended by agreement.
If the application was lodged as a result of an enforcement notice, or in response to a show cause notice, then the applicant must respond to the information request within three months. No extension of this time period is allowed under the Planning Act 2016 provisions contained within the Development Assessment Rules.
The application may be refused if the information requested:
- is insufficient to allow for proper assessment of the application
- has not demonstrated that the proposal meets the requirements of City Plan.