Public notification & submissions

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:

• Acknowledgement Notice is given, provided there are no concurrence agencies and that the Assessment Manager states in the Acknowledgement Notice that it does not intend on making an Information Request;
• Information Request period (as described in the Act) ends and if no Information Request has been made during this period;
• Applicant responds to all Information Requests and gives copies of any responses to the Assessment Manager.

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.

Properly made submission

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:

• is made in writing and received by mail or email;
• states the development address it relates to;
• Is signed by each person who made it (unless it is made electronically);
• Is received before the end of the public notification period
• States the name and address of each person making the submission; and
• States the grounds (reasons) for the submission, including the facts and circumstances relied on in support of the grounds

When stating the grounds of a submission and the facts and circumstances relied on, it is important to focus on planning issues such as:

• Is the proposed use consistent with the intent for the area as expressed in the CairnsPlan?
• Is the scale and design compatible with surrounding development?
• How does it address the street and interfaces with adjoining properties?
• Is there potential for the development to impact on traffic and car parking?
• Will it affect drainage patterns in the area?
• Does it protect and enhance the natural environment?

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.

• ONLINE - complete the Online Development Submission form below
• IN PERSON - Over the counter at Council's Customer Service Centre, 119-145 Spence Street, Cairns
• BY MAIL - Cairns Regional Council Attention: Manager, Strategic Planning & Approvals, PO Box 359, Cairns QLD  4870
• BY EMAIL - submissions@cairns.qld.gov.au

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.