Self-Assessable and Accepted Development in Queensland

What it is

In Queensland, the Planning Act 2016 sorts every parcel of building work into one of three buckets: prohibited development, assessable development, or accepted development. The bucket decides whether you need a development approval from the local council, whether you can lodge a code assessable application, or whether you can simply start work once the design meets the rules.

The phrase "self-assessable" carried across from the old Sustainable Planning Act 2009. Under the Planning Act 2016 it was folded into the broader category of accepted development. Older planning schemes and council documents still use the term, so plenty of builders ask for it by that name. The substance is the same: work that does not need a development approval as long as it satisfies all relevant acceptable outcomes.

The four categories of development under section 44

Section 44 of the Planning Act 2016 sets out the four categories. Prohibited development cannot be carried out at all. Assessable development needs a development approval, either code assessable or impact assessable. Accepted development needs no approval, although it may still need to comply with identified requirements. Anything not listed in any of these categories is treated as accepted development by default.

A category is fixed by the Planning Regulation 2017, the relevant local planning scheme, a temporary local planning instrument, or a variation approval. The same physical work can sit in different categories depending on the zone, overlays and lot size. Always check the council's planning scheme mapping tool before you assume a project is accepted.

Accepted development

Accepted development is the category most residential builders care about. It splits into two flavours. The first is accepted development without any requirements, which is rare for residential building work and usually applies to minor land uses. The second is accepted development subject to requirements, which is the practical default for things like sheds, carports, fences and small extensions in many residential zones.

If you meet every acceptable outcome in the applicable code, no development application is required. Miss one outcome and the project drops into code assessable territory, which means a formal application to council.

Code assessable and impact assessable

Code assessable development needs a decision against the assessment benchmarks in the planning scheme. The council weighs the proposal against the codes and either approves, approves with conditions, or refuses. Public notification is not required.

Impact assessable development is the heavier path. It requires public notification under the Development Assessment Rules, allows submissions from any interested party, and gives submitters appeal rights to the Planning and Environment Court. Most new dwellings in a residential zone avoid impact assessment unless an overlay or unusual use pulls them in.

Common residential examples

The Planning Regulation 2017 and most council schemes treat the following as accepted development subject to requirements in standard residential zones, provided the design meets all acceptable outcomes:

• A single Class 1a dwelling on a lot that meets the minimum frontage and size for the zone
• A garden shed or Class 10a outbuilding below the floor area and height triggers in the scheme
• A carport or patio attached to an existing dwelling, within the boundary setback and height limits
• A swimming pool that complies with the Queensland Development Code MP 3.4 pool safety standards
• Internal alterations that do not change the building footprint or use

Move outside the acceptable outcomes for any of those examples, sit on a small lot or trigger a flood, bushfire or character overlay, and the work shifts into code assessable. A common trap is the secondary dwelling. Many schemes accept a secondary dwelling on the same title as the main house, but only up to a capped floor area and only where it shares vehicle access with the primary dwelling.

Building approval is still required

Accepted development under the Planning Act 2016 is only about planning. Most residential building work still needs a building development approval under the Building Act 1975, issued by a private building certifier. Plumbing work needs a separate compliance permit under the Plumbing and Drainage Act 2018. The phrase "no development approval needed" never means "no permits at all".

Builders should plan for both tracks at the same time. Even a fully accepted carport needs a building certifier sign-off, footing inspections, and a final certificate before it can be used.

When the council can still intervene

Even accepted development is not immune from enforcement. If the work breaches an acceptable outcome, exceeds a development standard, or starts before the building approval issues, the council can issue a show cause notice or an enforcement notice under chapter 5 of the Planning Act 2016. Penalties for unlawful development sit at the higher end of the scale and the council can require the owner to undo the work.

The safest move for any borderline residential job is a pre-lodgement meeting with the council planner and a clear written advice on which category the work falls into. That advice is not a formal approval, but it gives the builder a paper trail if the council later changes its mind.