A submission is a written statement in support or against all or part of a development proposal. You can highlight specific issues to give Council a better understanding of the likely impacts of the proposal.
Submissions can be made on a proposed development listed within the CairnsPlan as impact assessable. Normally, these are complex developments, or those that Council thinks might impact on neighbours or be potentially unsuitable for an area.
Impact assessable applications must undergo public notification, during which time, anyone can make a submission. The applicant must inform the public of the opportunity to make a submission by:
When assessing a proposed Impact assessable development, Council must take public submissions into consideration. This may result in Council asking the developer to make changes to their original concept.
Developments that are straightforward, or considered generally suitable, are listed as code assessable. Code assessable applications are not required to be publicly notified under the Planning Act 2016. The community can still make a submission to Council about the proposed development, however there are no rights of appeal.
To view any applications on public notification now, please see Council’s Development Applications Online. Click on ‘Search Existing Applications’, enter the address or lot description of the property or alternatively you may search by the application reference number (found on the corflute sign or public notice in the paper).
If a formal request for approval, called a development application, or DA, has been submitted to Council, you will be able to access the application and all supporting information, as well as correspondence between Council and the applicant.
Public notification must be undertaken for a minimum of 15 business days (30 business days for an application that includes a variation request) and must not include the period 20 December to 5 January. Applicants should seek advice on the notification period before starting public notification.
Public notification can start as soon as either the:
The applicant must advise Council when notification has commenced. This is called the ‘notice of commencement’. At the end of the notification period, the applicant must give the Assessment Manager written notice that all requirements have been met. This is called the 'notice of compliance'.
You can only make a submission during a statutory Public Notification period (as prescribed in the Planning Act 2016).
Submissions must be lodged before 5pm on the last day of the notification period; late applications will be accepted and considered by Council but you will not receive rights to appeal.
Making a submission during the nominated time period gives you the legal right to appeal Council’s decision on a development application through the Planning and Environment Court.
Submissions are not confidential and will be made available to the general public. Your submission will be displayed on Council’s Development Applications Online. Your name and address will also be published within the Appendix of any Decision Notice.
In order to be able to appeal the decision on the development application in the Planning and Environment Court, each submission must be “properly made”. This means it:
When stating the grounds of a submission and the facts and circumstances relied on, it is important to focus on planning issues such as:
If you lodge a submission and it is considered NOT ‘properly made’, the submission may be considered by Council’s Assessment Manager, however, you will not be permitted rights to appeal.
Submissions received during the notification period will receive an acknowledgement letter. Council only notifies the principal submitter where there are multiple signatures to a submission.
You may amend your submission, by written notice, during the notification period.
You may withdraw your submission at any time before a decision about the application is made.
To amend or withdraw your submission, write to the Manager, Strategic Planning & Approvals at Cairns Regional Council (PO Box 359 Cairns) or email townplanner@cairns.qld.gov.au.
Once Council has made a decision about the application and if your submission was considered ‘properly made’, you will receive a copy of the Decision Notice via post or email.
If you signed your name in a petition, only the ‘principal’ petitioner (i.e. the person that signed their name first or identifies themselves as the contact person) will receive a copy of the Decision Notice.
If you disagree strongly with the decision made by Council, you may appeal against the decision to the Planning and Environment Court during the 20-business day submitter appeal period. Council advises submitters in writing when their appeal period begins and ends.
Last Updated: 5 October 2021