Division 2

Local government as referral agency

In force

Table 1—Particular class 1 and 10 buildings and structures involving possible amenity and aesthetic impacts
Column 1	Column 2
1 Development application requiring referral	Development application for building work that is assessable development under section 1 and is for a building or structure that is—
	(a) a single detached class 1(a)(i) building, class 1(a)(ii) building made up of not more than 2 attached dwellings or a class 10 building or structure; and
	(b) in a locality, and of a form, for which the local government has, by resolution or in its planning scheme, declared that the form may—
	(i) have an extremely adverse effect on the amenity, or likely amenity, of the locality; or
	(ii) be in extreme conflict with the character of the locality
2 Referral agency	The local government
3 Limitations on referral agency’s powers	—
4 Matters referral agency’s assessment must be against	Whether the building or structure will impact on the amenity or aesthetics of the locality, including, for example, whether the building or structure complies with a matter stated in a local instrument that regulates impacts on amenity or aesthetics
5 Matters referral agency’s assessment must have regard to	—
6 Matters referral agency’s assessment may be against	—
7 Matters referral agency’s assessment may have regard to	—

Table 2—Particular buildings for residential purposes
Column 1	Column 2
1 Development application requiring referral	Development application for building work that is assessable development under section 1 and is for a building, other than a class 1, 2, 3 or 4 building, for residential purposes
2 Referral agency	The local government
3 Limitations on referral agency’s powers	—
4 Matters referral agency’s assessment must be against	Whether the building is suitable for residential purposes
5 Matters referral agency’s assessment must have regard to	—
6 Matters referral agency’s assessment may be against	—
7 Matters referral agency’s assessment may have regard to	—

Table 3—Design and siting
Column 1	Column 2
1 Development application requiring referral	Development application for building work that is assessable development under section 1, if—
	(a) the Queensland Development Code, part 1.1, 1.2 or 1.3 applies to the building work and, under the part, the proposed building or structure does not include an acceptable solution for a relevant performance criteria under the part; or
	(b) under the Building Act, section 33, an alternative provision applies for the building work and, under the provision, the proposed building or structure is not of the quantifiable standard for a relevant qualitative statement under the provision; or
2 Referral agency	The local government
3 Limitations on referral agency’s powers	—
4 Matters referral agency’s assessment must be against	For building work stated in item 1, column 2, paragraph (a)—whether the proposed building or structure complies with the performance criteria stated in the paragraph
	For building work stated in item 1, column 2, paragraph (b)—whether the proposed building or structure complies with the qualitative statement stated in the paragraph
5 Matters referral agency’s assessment must have regard to	—
6 Matters referral agency’s assessment may be against	—
7 Matters referral agency’s assessment may have regard to	—

Table 4—Fire safety in particular budget accommodation buildings
Column 1	Column 2
1 Development application requiring referral	Development application for building work that is assessable development under section 1, if the work relates to a budget accommodation building and the building must, under the Building Act, section 220, comply with the fire safety standard under that Act
2 Referral agency	The local government
3 Limitations on referral agency’s powers	—
4 Matters referral agency’s assessment must be against	Whether, after the building work is completed, the building will comply with the fire safety standard under the Building Act
5 Matters referral agency’s assessment must have regard to	—
6 Matters referral agency’s assessment may be against	—
7 Matters referral agency’s assessment may have regard to	—

Table 5—Higher risk personal appearance services
Column 1	Column 2
1 Development application requiring referral	Development application for building work that is assessable development under section 1, if—
	(a) the Queensland Development Code, part 5.2 applies to the work; and
	(b) the work does not comply with an acceptable solution stated in the part
2 Referral agency	The local government
3 Limitations on referral agency’s powers	—
4 Matters referral agency’s assessment must be against	Whether the building work complies with the performance criteria stated in the Queensland Development Code, part 5.2 that are relevant to the acceptable solution
5 Matters referral agency’s assessment must have regard to	—
6 Matters referral agency’s assessment may be against	—
7 Matters referral agency’s assessment may have regard to	—

Table 6—Building work for residential services
Column 1	Column 2
1 Development application requiring referral	Development application for building work that is assessable development under section 1, if the building work is for premises in which a residential service, as defined under the Residential Services Act, section 4, is conducted or proposed to be conducted
2 Referral agency	The local government
3 Limitations on referral agency’s powers	—
4 Matters referral agency’s assessment must be against	Whether, if the building work is carried out, the premises would comply with the Queensland Development Code, part 5.7
5 Matters referral agency’s assessment must have regard to	—
6 Matters referral agency’s assessment may be against	—
7 Matters referral agency’s assessment may have regard to	—

Table 7—Building work for removal or rebuilding
Column 1	Column 2
1 Development application requiring referral	Development application for building work that is assessable development under section 1, if the building work is, or relates to—
	(a) the removal of a building or other structure, whether or not for rebuilding at another site; or
	(b) the rebuilding of a building or other structure removed from another site
2 Referral agency	The local government
3 Limitations on referral agency’s powers	—
4 Matters referral agency’s assessment must be against	(a) Whether the local government should require security, of no more than the value of the building work, for the performance of the work
	(b) If security is required, the amount and form of security that is appropriate for the development
5 Matters referral agency’s assessment must have regard to	—
6 Matters referral agency’s assessment may be against	—
7 Matters referral agency’s assessment may have regard to	—

Table 8—Building work for particular class 1 buildings relating to material change of use
Column 1	Column 2
1 Development application requiring referral	Development application for building work that is assessable development under section 1, if—
	(a) the building work is for—
	(i) a class 1(a)(i) building; or
	(ii) a class 1(a)(ii) building made up of not more than 2 attached dwellings; and
	(b) a material change of use that relates to the building work—
	(i) is for a residential purpose in a residential zone; and
	(ii) would have required a development permit if schedule 6, part 2, section 2(2) did not apply for the material change of use
2 Referral agency	The local government
3 Limitations on referral agency’s powers	—
4 Matters referral agency’s assessment must be against	The relevant provisions of a local instrument that would apply for the application if schedule 6, part 2, section 2(2) did not apply for the material change of use
5 Matters referral agency’s assessment must have regard to	—
6 Matters referral agency’s assessment may be against	—
7 Matters referral agency’s assessment may have regard to	—

Table 9—Temporary accommodation buildings
Column 1	Column 2
1 Development application requiring referral	Development application for building work that is assessable development under section 1, if—
	(a) the building work is for a temporary accommodation building as defined under the Building Regulation, section 89(3); and
	(b) the Queensland Development Code, part 3.3 applies to the work; and
	(c) the requirements of acceptable solution A1 stated in the part are not complied with
2 Referral agency	The local government
3 Limitations on referral agency’s powers	—
4 Matters referral agency’s assessment must be against	Whether the building work complies with performance criteria 1 of the Queensland Development Code, part 3.3
5 Matters referral agency’s assessment must have regard to	—
6 Matters referral agency’s assessment may be against	—
7 Matters referral agency’s assessment may have regard to	—

Table 10—Building work relating to end of trip facilities for Queensland Development Code, part 4.1
Column 1	Column 2
1 Development application requiring referral	Development application for building work that is assessable development under section 1, if—
	(a) the building work is for development that performance criteria P12 of the Queensland Development Code, part 4.1, applies to; and
	(b) the building work does not comply with the requirements of acceptable solution A12 stated in the part
2 Referral agency	The local government
3 Limitations on referral agency’s powers	—
4 Matters referral agency’s assessment must be against	Whether the building work complies with performance criteria P12 of the Queensland Development Code, part 4.1
5 Matters referral agency’s assessment must have regard to	—
6 Matters referral agency’s assessment may be against	—
7 Matters referral agency’s assessment may have regard to	—

Table 11—Building work for class 1 building on premises with on-site wastewater management system
Column 1	Column 2
1 Development application requiring referral	Development application for building work that is assessable development under section 1, if—
	(a) the building work is for a class 1 building; and
	(b) an on-site wastewater management system, as defined under the Queensland Plumbing and Wastewater Code, has been installed on the premises; and
	(c) the work involves adding 1 or more bedrooms to the building
2 Referral agency	The local government
3 Limitations on referral agency’s powers	—
4 Matters referral agency’s assessment must be against	Whether the building work complies with the Queensland Plumbing and Wastewater Code, part 1, performance criteria P2
5 Matters referral agency’s assessment must have regard to	—
6 Matters referral agency’s assessment may be against	—
7 Matters referral agency’s assessment may have regard to	—

Table 12—Flood hazard area
Column 1	Column 2
1 Development application requiring referral	Development application for building work that is assessable development under section 1, if all or part of the premises are in a flood hazard area and 1 or both of the following apply—
	(a) the application states a defined flood level that is lower than a defined flood level declared by the local government under the Building Regulation, section 8 for the part of the flood hazard area where the premises are;
	(b) the application states a maximum flow velocity of water that is lower than a maximum flow velocity of water declared by the local government under the Building Regulation, section 8 for the part of the flood hazard area where the premises are
2 Referral agency	The local government
3 Limitations on referral agency’s powers	—
4 Matters referral agency’s assessment must be against	If item 1, column 2, paragraph (a) applies—whether the defined flood level stated in the development application is appropriate having regard to all or any of the following matters—
	(a) any flood modelling carried out for the premises or all or part of the flood hazard area where the premises are;
	(b) any recorded flood levels for all or part of the flood hazard area where the premises are;
	(c) any other matter the local government considers relevant
	If item 1, column 2, paragraph (b) applies—whether the maximum flow velocity of water stated in the development application is appropriate having regard to all or any of the following matters—
	(a) any flood modelling carried out for the premises or all or part of the flood hazard area where the premises are;
	(b) any flow velocity of water that has been recorded for a flood for—
	(i) all or part of the flood hazard area where the premises are; or
	(ii) the part of the premises that the building work is to be carried out on;
	(c) any other matter the local government considers relevant
5 Matters referral agency’s assessment must have regard to	—
6 Matters referral agency’s assessment may be against	—
7 Matters referral agency’s assessment may have regard to	—

sch 9 pt 3 div 2 amd 2021 SL No. 126 s 110; 2021 SL No. 138 s 8; 2026 SL No. 115 s 10

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