The fun world of Land Owners Consent under the Planning Act 2016

Under the Planning Act 2016, if you have someone acting on behalf of you (e.g. a town planning consultant), you may need to provide landowner’s consent. You might see them in a fee proposal or attached to a development application lodgement!

In this situation, providing the correct consent is integral in ensuring your application is not delayed and is properly made. If incorrect consent is provided, it can lead to an ‘Action Notice’ being issued (up to a month delay), and if it is overlooked, your whole application could be invalid!

Here are some examples of when you will likely need landowners’ consent (not a complete list):

  • s81 Minor Change
  • s82 Other Change
  • Reconfiguring a lot application
  • Material Change of Use application
  • Prescribed Tidal Works application
  • Works on a Heritage listed premises under the Queensland Heritage Act 1992.

Tip: As a town planning consultant, letting consent for all of the above works in one form can be super handy to avoid the need for multiple consent forms to be signed if there is future works (e.g. a s81 Minor Change later).

Interestingly, you will not need landowner’s consent for Building Works which means you may need landowners consent to build a new house, but not to demolish it. Odd.

Common Issues:

I ran it past the team and we’ve explored some of the common issues we encounter with any landowner’s consent requirements:

  • When buying a property, if you wish to lodge an application before you settle, you will need to get consent from the current landowner, otherwise, you will need to wait until the property settles to provide consent to lodge the application. If you have just purchased a property, it can take up to a month for the titles office to update the title, so we may need a letter from your solicitor to demonstrate that the property has settled and changed ownership.
  • If you are seeking consent from the landowner, ensure that consent is being granted to the ‘Applicant Name’. For example, the owner might be John Smith (you) but you wish for the application (incl. invoicing) to be in the name of “JS Pty Ltd”. As such, you would need to provide consent to allow for JS Pty Ltd to lodge an application on your behalf.
  • Ensure that all landowners are listed, and that the spelling of their names and the applicant name is 100% correct. If there is a typo, it can be considered invalid. For example, if John Smith writes his name as Jon Smith, we may require an updated consent form.
  • If the allotment/s are owned by a Company, the signatory must declare that they are authorised to be signing on behalf of the company (e.g., the sole director). The easiest way to demonstrate is to provide an ASIC Company Registration certificate with the Director/Secretary details on it.
  • If the owner is a Trust, a clear relationship between the Trust and the Trustee must be demonstrated (e.g., with a copy of the Trust Deed and/or Company Deed, or a copy of the Property Title).
  • Lastly, ensure that the correct references to the relevant Act are made in the landowners consent form. Here at STP, we have a standard template to cover off on almost all kinds of applications but if you’re crafting your own consent form, make sure you get it right!

If you would like to know more about owner’s consent for your local council area – you should be able to find that information on their website or by getting in touch with them directly. Our courses teach you these skills, for example our Development Assessment course (Qld).

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