A Material Change of Use, or MCU, is one of the most common types of development application in Queensland. An MCU is required when there is a material change in how land is used, starting a new use, re-establishing an abandoned use, or significantly intensifying an existing use. Whether your project requires an MCU and whether it is code or impact assessable depends on the planning scheme.
What counts as a material change
Under the Planning Act 2016, an MCU occurs when there is: the start of a new use of premises (for example, converting a dwelling to a duplex, converting a shop to a café, or operating a home-based business that exceeds permissible scale); re-establishing a use that has been abandoned; or a material change in the intensity or scale of an existing use (for example, increasing the floor area of a commercial premises substantially, or expanding operating hours significantly).
Not every change is material. Replacing one type of shop with another shop, for instance, is usually not a material change because the underlying use category is the same. The question is whether the change rises to the level of being material in planning terms.
When approval is required
Whether a particular MCU requires development approval depends on the local planning scheme's tables of assessment. For a given use in a given zone, the scheme will specify whether the use is accepted development (no approval needed if standards are met), code assessable (DA required, assessed against codes), impact assessable (DA required, public notification, broader assessment), or prohibited.
The same use can fall into different categories depending on where the property is located. A dual occupancy might be code assessable in one zone and impact assessable in another. The first step in understanding whether an MCU is required is identifying the zone and reading the relevant table of assessment.
Common MCU scenarios
Frequently encountered MCU triggers in residential contexts include: a new dwelling on a vacant lot in some overlays; dual occupancy; multiple dwellings (apartments); secondary dwellings in some local governments; short-term accommodation in many local governments; and home-based business uses above accepted scale.
In commercial and industrial contexts, common triggers include: a new commercial use in any zone; intensification of an existing use; conversion between use categories (for example, retail to food and drink premises with extended hours); and uses where the planning scheme has identified specific concerns (such as service stations, places of worship, or child care).
How an MCU is assessed
Code assessable MCUs are assessed against the assessment benchmarks in the planning scheme, the codes that apply to the use, the zone, and any overlays. The assessment is largely contained within those benchmarks. If the application complies, approval is the expected outcome.
Impact assessable MCUs are assessed against a broader test that includes the assessment benchmarks and the planning scheme as a whole, and may also have regard to any other relevant matter. Public notification is required, submitters have appeal rights, and the council retains broader discretion to refuse.
An MCU application is the planning instrument that allows the council to assess whether a proposed change in land use is appropriate, for the site, for the surrounding area, and against the strategic intent of the planning scheme. Understanding the assessment level is the most important first step.