Not every development application requires public notification. Whether notification is needed depends on the type of development, the applicable planning scheme, and the assessment level assigned to the application. Impact assessable development requires public notification. Code assessable development does not. Understanding which applies to your project is fundamental, notification adds time, cost, and the possibility of objections.
Code vs impact
The Planning Act 2016 distinguishes between two types of assessable development. Code assessable applications are assessed against specific codes in the planning scheme. They do not require public notification, the scope of assessment is contained, and the council is generally bound to approve where the codes are met.
Impact assessable applications are assessed more broadly, against the planning scheme as a whole and any other relevant matter. They require public notification, submitters can object, and submitters have appeal rights.
How notification works
Where notification is required, the applicant is responsible for: placing a notice on the property in a clearly visible location; publishing a newspaper advertisement (or, in some councils, an online equivalent); and giving written notice to adjoining property owners. The notification period is at least 15 business days.
The applicant must lodge a notice of compliance with the council confirming that all notification steps have been completed correctly. Defective notification can require the process to be restarted, which adds significant time.
Submissions and submitters
During the notification period, any person may make a properly made submission to the council. Submissions must be in writing, identify the maker, set out the grounds of the submission, and be received within the notification period. Anonymous submissions are not properly made.
Submitters become parties to the assessment for the purposes of any later appeal. If the council approves an application, submitters can appeal against the approval to the Planning and Environment Court. This appeal right does not extend to objectors who did not lodge a properly made submission within the period.
Managing notification risk
Notification adds calendar time (the 15 business days plus any preparation), cost (advertising, signage, mail-out), and the prospect that submitters' concerns will require a written response. For applications that are likely to attract submissions, particularly in established residential areas, the cost can be substantially higher than for code-assessable applications.
Where the planning scheme allows the option of an alternative outcome that triggers code rather than impact assessment, that pathway is usually preferred. This often involves resolving any non-compliance with the relevant codes through design, rather than relying on the broader merits assessment.
Public notification is one of the most consequential differences between code and impact assessment. The choice of pathway often shapes the entire risk profile of an application, and in many cases is the most important strategic decision in the early stages.