Conditions of Development: What Are They?

What are conditions of development:

In Queensland, "conditions of development" refer to the specific requirements or obligations imposed by the local government (council) as part of the development approval process. When a development application is submitted, the council assesses it against the relevant planning scheme and other regulations. If the application is approved, the council will attach conditions to the approval to ensure that the development is carried out in accordance with the approved plans and in a manner that meets regulatory standards.

What are some examples of conditions of development:

The specific conditions of development imposed on development approvals in Queensland can vary widely based on the nature of the proposed development, the location, and the local planning scheme. However, some common standard conditions that are often imposed include:

• Compliance with Approved Plans: Developers are usually required to strictly adhere to the plans and documentation submitted as part of the development application that are stamped approved. Any deviations may require further approval or changes to the existing approval.

• Time Limits: Conditions may specify deadlines for completing various stages of the development. This ensures that the project progresses in a timely manner.

• Construction Management: Conditions may outline requirements for construction management, including measures to minimise disruptions to the community, traffic management plans, and noise controls.

• Environmental Mitigation Measures: Depending on the nature of the development, conditions may be imposed to address environmental concerns. This could include erosion and sediment control measures, landscaping requirements, and protection of natural habitats.

• Infrastructure Contributions: Developers may be required to contribute to the cost of local infrastructure improvements, such as roads, parks, or community facilities.

• Public Access and Safety: Conditions may be imposed to ensure safe public access during and after construction. This could involve the provision of pedestrian pathways, signage, and other safety measures.

• Heritage Protection: If the development involves a heritage-listed site or an area with cultural significance, conditions may be imposed to protect and preserve heritage features.

• Waste Management: Conditions may outline requirements for waste management and disposal during and after construction.

• Compliance with Building Codes: Developers are typically required to comply with relevant building codes and standards to ensure the safety and structural integrity of the development.

• Reporting and Monitoring: Conditions may require the submission of regular reports to the council, detailing progress and compliance with the approved plans.

When will the conditions of development be issued by Council:

This document is generally issued at the same time as the development approval which is emailed to your private town planner. 

For larger projects the conditions of development ‘draft’ document may be provided prior to the formal approval being signed off by Council as a heads up and to reduce the need to future negotiations if one of the conditions are not achievable. 

For smaller projects the conditions of development tend to be ’standard’ inclusions only, as such a draft will not likely be issued prior to approval to ensure documentation is not delayed. 

What to do if you can’t comply with a condition:

It is important to review your conditions of development as soon as you receive the approval with your project management team to ensure the conditions imposed on the project are able to be met. Whilst your town planner will review, they are not experts in project management, design or construction and as such cannot provide non planning legislation related advice. 

If you pick up any issues early on, a negotiated decision notice may be able to be requested to amend offending conditions. 

If you do not pick up the issues until the detailed design or construction phase of a project you will need to you will need to submit an application for a minor change to the development approval.