What is the difference between a code and impact assessable Development Application?

The Planning Act 2016 states there are three categories of development – prohibited, accepted and assessable.

Assessable development is the only category that requires a development application depending on local or state government context. Within this category, there are three different levels of assessment – Accepted development, code and impact assessable development.

To determine the level of assessment, the Local Planning Instrument contains ‘Tables of Assessment’ which state the different types of development, and the triggers which determine the relevant level of assessment.

Accepted Development: is where council is accepting of the proposed development, as long as it complies with all of the acceptable outcomes listed in the relevant planning codes. If the proposal does comply, council approval is not required. However, depending on the development, Building Approval (from a certifier) will still be required. If the proposal does not comply with the required acceptable outcomes, it will be upgraded to Code Assessable, and will require planning approval.

Code assessable development: is where a development application is prepared and submitted to the local council, for assessment. The application should contain all relevant information and justification against the required council codes. The local authority must assess the application and determine if the application is to be approved with conditions or refused.

Impact assessable development: is where a development application is prepared and submitted to the local council for assessment, as well as undergoing public notification where members of the community can write submissions of support or objection. This application requires assessment and justification against the relevant assessment benchmarks of local planning schemes, matters within the Planning Regulation 2017, and any other planning need. The local authority will assess the application, along with the relevant submissions and determine if the application is to be approved with conditions or refused.

Due to the public notification requirements associated with an impact assessable application, these applications are determined to be riskier than code assessable applications. This is due to the lengthier application timeframes, increased costs and the inclusion of stakeholders.

If you are considering an application and are unsure of the level of assessment it will incur, please send our team an enquiry and we will be able to assist – contact us through info@jcengineers.com.au.

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