What is Public Notification and When Is It Required?

In Queensland, the Public Notification process plays a crucial role in ensuring that the community remains informed and can voice their opinions on developments.

The Public Notification process applies to Impact Assessable Development Applications only.

Below is a comprehensive overview of the Public Notification process:

Public Notification Purpose

 The public notification process primarily applies to Impact Assessable developments in Queensland. Its primary purpose is to foster transparency and community engagement by allowing local residents and stakeholders to provide feedback on proposed developments that could potentially impact their surroundings.

Notification Methods

 Local Queensland councils enforce a variety of notification methods to reach the community effectively. These methods are a requirement of the QLD State Planning Act and include:

1.    Written Notices to Neighbouring Property Owners: Property owners within the vicinity of the proposed development are sent written notices. These notices outline the details of the project, its potential impacts, and how to provide feedback or objections.

2.    Site-Specific Signs: Council’s require developers to display signs on the property. These signs provide essential information about the proposed development, making it visible to a passer-by.

3.    Publication in Local Newspapers: Notices are published in local newspapers to inform a wider audience. This ensures that those who may not reside near the site are also aware of the development.

4.    Council Websites: Some councils use their official websites to publish notices about upcoming impact assessable developments. This digital approach increases accessibility and transparency.

Public Submission Period

Once the notification methods above are in-place, a specified period is provided for the public to review the development proposal. This period typically ranges from 15 to 30 days, giving community members ample time to assess the project and provide their input.

During this period, individuals, community groups, or any concerned parties can:

• Express Concerns: Raise concerns about the potential impacts of the development on their neighbourhood, environment, or quality of life.

• Provide Feedback: Offer suggestions or feedback on aspects of the proposal that may need improvement or modification.

• Submit Objections: If there are serious reservations about the project, residents have the opportunity to formally object to the council, outlining their reasons for opposition.

Council Assessment and Consideration

Once the public submission period concludes, the local Council begins the assessment process. This involves a careful evaluation of all submissions received during the notification period and considers the broader interests of the community in making its final decision.

This assessment period may be extended if formal submissions are received during the public notification period.

Legal Implications

If a member of the community or neighbour submits a ‘properly made’ submission during the public notification period for an impact assessable development in QLD, they will be afforded third party appeal rights.

These third party appeal rights mean that whether or not the development is approved or refused by Council, the submitter of the objection can contest the development in the Planning and Environment Court.

Avoiding Public Notification

If your project falls under the impact assessable level of assessment in your local planning scheme, there is no way to avoid the above public notification requirements.