Development approvals in Queensland, and the Brisbane City Plan
Material change of use, four levels of assessment, and a planning scheme that decides all of it before you have drawn a room.
The short answer
Queensland does not use the language New South Wales or Victoria use, and the translation trips people up. There is no DA versus CDC choice and no separate planning permit. There is development, and the question is what level of assessment it attracts.
Key points
- Turning a shop or office into a practice is a material change of use.
- Four levels of assessment. Code assessable is manageable; impact assessable is public.
- The zone, the use definition and any overlay decide which one you get.
- Building approval is separate, from a private certifier, and comes after.
Queensland does not use the language New South Wales or Victoria use, and the translation trips people up. There is no DA versus CDC choice and no separate planning permit. There is development, and the question is what level of assessment it attracts.
Material change of use
Under the Planning Act 2016, a material change of use is starting a new use of premises, or intensifying an existing one. Converting a retail tenancy or an office into a medical centre is squarely that, even where the work is entirely internal and nothing changes on the street.
Intensification matters as much as change. Adding consulting rooms to an existing practice can be a material change of use in its own right, because the scale of the use has moved, and that usually shows up first as a car parking question.
The four levels of assessment
Every proposal falls into one of four categories, and which one decides your timeline, your cost and whether the public gets a say.
| Level | What it means |
|---|---|
| Accepted | No development permit needed. You can proceed |
| Accepted subject to requirements | No permit if you meet the stated acceptable outcomes. Fail any of them and it becomes code assessable |
| Code assessable | A development permit, assessed against the applicable codes. No public notification |
| Impact assessable | A development permit, assessed against the whole planning scheme, with public notification and third party appeal rights |
The gap between the middle two and the last one is the one that matters commercially. Code assessable is a technical assessment against known criteria. Impact assessable invites submissions from anyone, and a submitter can appeal the decision, which adds months and a real risk of refusal.
How you find out which one applies
Three things in sequence, all inside the planning scheme for your local government area.
First, the use definition. The scheme defines uses, and your practice has to be matched to one. A general practice usually falls under a health care services style definition, but the boundaries matter: a practice with a procedure room, or one operating extended hours, can be read differently from a straightforward consulting practice.
Second, the zone. The tables of assessment set the level for that use in that zone. The same practice can be accepted in one zone, code assessable in another and impact assessable in a third, on streets a few hundred metres apart.
Third, any overlay. Overlays can lift the level of assessment regardless of what the zone says. Heritage, flood, traffic and character overlays all do it, and a site can carry more than one.
In Brisbane this is all inside the City Plan, which is searchable by address. It is worth looking your shortlist up before you fall in love with a tenancy, because this is the single most common reason a Brisbane site that suits the practice does not suit the approval.
Car parking, which decides more than it should
Parking is the recurring sticking point for medical uses in Queensland, as it is everywhere, but the schemes are explicit about rates and that makes it arithmetic rather than argument.
The scheme sets a required rate for the use. An existing tenancy that satisfied it as a shop frequently does not as a practice, because the rate for a health care use is higher and because practices generate visits that overlap. Where the shortfall cannot be met on site you are into a performance argument about demand, availability of public parking and time-of-day sharing, which is winnable and is also exactly the sort of thing a submitter objects to.
Then building approval, separately
Development approval deals with whether the use is acceptable. It says nothing about whether the building complies.
Building work needs a building approval under the Building Act 1975, issued by a private building certifier rather than the council, assessed against the National Construction Code. The certifier also carries out inspections and issues the certificate at completion. That final document, and what usually holds it up, is covered in the guide to occupancy certificates.
The two run in the right order for a reason. A certifier cannot approve building work that conflicts with a development approval, so where a development permit is required it has to be resolved first, and its conditions become things your documentation has to satisfy.
Sources and further reading
The Queensland planning framework on levels of assessment, and Brisbane City Council for the City Plan. Whether a specific address is accepted, code or impact assessable is a question for a town planner reading the scheme against that site.
The Planning Act 2016 framework: what a material change of use is, and how levels of assessment from accepted through code to impact assessable are set.
Brisbane's planning scheme. Zones, tables of assessment and overlays decide whether a health care use needs a development permit and how it is assessed.
The National Construction Code: building classification, fire separation, egress, sanitary provisions and access.
Questions
What is a material change of use in Queensland?
Starting a new use of premises or intensifying an existing one, under the Planning Act 2016. Converting a shop or office into a medical centre is a material change of use even where all the work is internal. Adding consulting rooms to an existing practice can also be one, because the scale of the use has changed.
What is the difference between code assessable and impact assessable?
Code assessable is assessed against the applicable codes with no public notification. Impact assessable is assessed against the entire planning scheme, requires public notification, and gives submitters third party appeal rights. The difference is months of program and a real risk of refusal, so it is the first thing to establish about a site.
Do I need council approval to open a medical centre in Brisbane?
It depends on the zone, the use definition and any overlays, all of which sit in the Brisbane City Plan and are searchable by address. The same practice can be accepted development in one zone and impact assessable in another a few streets away, so check the shortlist before committing to a tenancy.
Is building approval the same as development approval?
No. Development approval deals with whether the use is acceptable at that location and comes from the council. Building approval deals with whether the building work complies with the National Construction Code and comes from a private building certifier. Where both are needed the development approval has to be resolved first.
Why does car parking matter so much for a medical centre?
Because planning schemes set an explicit parking rate by use, and the rate for a health care use is higher than for retail or office. A tenancy that satisfied the rate as a shop often does not as a practice. Where the shortfall cannot be met on site it becomes a performance argument, and that is precisely what submitters object to on an impact assessable application.
Send us the floor plan
A site assessment tells you what the tenancy can take and what it will cost to get there, ideally before you have signed for it.