Does my application require public notification?

If either of the below apply to your application then you will be required to conduct public notification:

  • any part of the development application requires impact assessment; or
  • the development application includes a variation request.

Where can I find instructions on how to conduct public notification?

The DA Rules & the DA Rules Guidance documents are the best place to start to get your head around the basics of public notification. And of course our friendly staff are always on hand to answer any questions.

How long is the notification period?

  • For an application that includes a variation request—30 business days after the notice is given.
  • For an application of a type prescribed by regulation—the period, of more than 15 business days after the notice is given, prescribed for the application.
  • For any other application— 15 business days after the notice is given.

Planning Act 53 (4)(b)

Can I start public notification straight away?

When public notification can start depends on the circumstances of a particular application, specifically:
  • If the confirmation notice states there will be no information request then you can commence notification from anytime after receiving this notice.
  • If an information request is made under part 3, the applicant needs to wait until all responses have been given before commencing public notification.
  • If the applicant has elected to opt-out of part 3 in accordance with section 11 of the DA Rules, then public notification must start either:
    • within 20 business days of receiving the confirmation notice – if there are no referral agencies; or
    • within 20 business days after the day the referral assessment period or all referral agencies has started – if there are referral agencies.

When is the Christmas blackout period?

The Christmas blackout period runs from the 20th December through to the 5th of January (inclusive). No business days within this time period count towards the notification period.

How does an information request affect when the notification period can commence?

If the Assessment Manger has made a request for further information the notification period cannot commence until after your response has been submitted.

When is the first day of notification?

The notification period can commence the day after the last action is given

(Planning Act 53 (5))

What actions are required to publicly notify a development application?

The public has to be notified in three ways to ensure you notification is compliant:
  1. Signage must be placed on site in accordance with the DA Rules
  2. A notice must be published in a newspaper circulation generally in the locality of the premises
  3. A notice must be sent to all adjoining owners of the subject property.

When do the actions (newspaper notice, letters and sign) need to take place?

All actions need to take place within 20 business days from the time you are able to commence public notification.

Do I have to include a figure for scale and density in the description of the notices?

Yes, the DA Rules state the description of the proposed development must include an indication of the scale or density of the development (e.g. number of lots, gross floor area)

Do I have to include an image on the sign?

Yes, an image must be included on all signage.

What is an appropriate image to use on the signs?

The image is required to show relevant details of the proposal (e.g. photomontage, location map, plan of subdivision, site layout plan, elevations) and must give a ‘general indication’ of what is being proposed.

When can the signs be removed?

The signs can be removed the day after the notification period concludes.

Can I remove the signs myself?

Yes, if you would like to remove the signs yourself you can conduct this anytime after midnight of the final day of notification. DO NOT remove the signs on the last day of notification. To remove the sign please use a hex-head drill bit and leave the signs and star pickets somewhere visible for our installers to collect.

What are the signs made of?

Our signs are made of aluminium composite panel. This ensures there is minimal chance of damage during severe or adverse weather.

Can I place our company logo on the sign?

As far as we are aware there is nothing in the legislation to prevent logos being used on the notification signs but Development Signs Australia does not advocate their use. If your company has a preference to include a logo on their signs you will need to ensure it could never be deemed the size and position of the logo adversely affects the awareness or existence and nature of the application or it in any way restricts the public’s ability to make a properly made submission.

Can I include a cover letter with the notice to adjoining owners?

Yes, we include a generic cover letter with all notices to adjoining owners. If you have a preference you can provide your own cover letter as long as the information on this letter could never be deemed to adversely affect the awareness or existence and nature of the app. or in any way restrict the public’s ability to make a properly made submission.

Do the letters need to be sent registered post?

The legislation does not state the method required to issue the notices to adjoining owners but it is industry standard to use tracked or registered mail.

If the adjoining land has apartments or units do I need to notify every owner?

No, the DA Rules state if the adjoining lot is, under the Body Corporate and Community Management Act 1997, scheme land for a community titles scheme the owner to be notified is the Body Corporate for the scheme.

How do I decide which newspaper to publish in?

The applicant has their choice to notify in whichever publication they prefer as long as it is a newspaper which circulates generally in the locality of the premises. If there are no local papers for the premises the Courier Mail can be used for any notification throughout Queensland.

What happens if I have a mistake in the notices or I deviated from the required legislative processes?

Don’t panic. There is an allowance in the legislation for minor non-compliance of the public notification process as long as it is deemed the contravention did not adversely affect the public’s awareness or existence and nature of the application or it did not restrict the public’s ability to make a properly made submission. In this instance it will be up to the assessment manager whether they choose to exercise their discretion under this section of the Act.

(Planning Act 53 (3))

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