The Building and Development Dispute Resolution Committees can make declarations in relation to development applications, acknowledgement notices, the compliance assessment process and development approvals under the Sustainable Planning Act 2009.

Requests for declarations must be started within the time frames set by the Sustainable Planning Act 2009 (pdf 2.6 MB).

Properly made applications

An applicant may bring a proceeding before a committee for a declaration about whether an application is a properly made application. The proceedings must commence within 20 business days after receiving a notice that the application is not a properly made application.

An assessment manager may also bring a proceeding before a committee for a declaration about whether an application is a properly made application. These proceedings must commence within 10 business days after receiving a development application.

A declaration cannot be made about whether an application includes or is supported by written consent of the owner of the land or if the development application involves a state resource prescribed under a regulation.

Acknowledgement notices

The applicant for a development application may bring a proceeding before a committee for a declaration about a matter stated in an acknowledgement notice. The proceedings must commence within 20 business days after receiving the notice. A declaration about an acknowledgement notice may only be sought if the application is for a material change of use of premises that involves the use of a prescribed building.

Lapsing of request for compliance assessment

The person requesting compliance assessment may bring a proceeding before a committee for a declaration about whether the request has lapsed under the Sustainable Planning Act 2009.

A compliance assessor can bring a proceeding before a committee for a declaration about whether the request has lapsed under the Sustainable Planning Act 2009.

Change to development approval

The applicant or entity responsible for making a change to an application may bring a proceeding before a committee for a declaration that a change to a development approval is permissible. A declaration about a change to a development approval may only be sought if the approval is for a material change of use of the premises that involves use of a prescribed building.

The Building Act 1975 (pdf 1.1 MB) and the Building and Development Dispute Resolution Committees are part of Qplan - Queensland’s planning, development and building system.