Obtaining owner's consent for development on departmental land

The Planning Act 2016 establishes that a development application must be accompanied by the written consent of the land owner. The Department of Transport and Main Roads provides owner's consent for the following:

• a state-controlled road
• rail corridor land
• any other land held or administered by the department.

What does the department provide owner’s consent for?

The Department of Transport and Main Roads' owner's consent is only given to applicants to make a development application. It does not:

• constitute the department’s approval of, or support for, a development application
• give permission to start works associated with a development approval without the permission of the department
• remove the need to obtain any other approvals from the department or other government departments.

Information required to obtain owner's consent

An application seeking the Department of Transport and Main Roads' owner's consent should include the following:

• the real property description of the site/s, including the lot and survey plan number/s, a current title search and supporting photographs
• a description of the proposal, including any possible impacts on departmental land or state transport infrastructure
• site plans of the proposal
• a copy of any existing tenure documents over departmental land, including licences and subleases.

When assessing an application for owner's consent, the department may ask the applicant to provide further information to assist with its assessment.

Does obtaining owner’s consent allow me to undertake works on departmental land?

No, an applicant must have the relevant approvals, including a Road Corridor Permit, before starting any works on departmental land. Applicants who do not have the relevant approvals prior to commencing works may be subject to penalties in accordance with the Transport Infrastructure Act 1994. Certain structures and activities do not need a Road Corridor Permit, such as letterboxes and lawn mowing.

Applications on state-controlled roads and land held or administered by the department

Apply for owner's consent for a development application on a state-controlled road or land held or administered by the department by contacting your local Transport and Main Roads office.

Applications for rail corridor land

The Department of Transport and Main Roads will not provide owner’s consent unless an applicant shows, by a sub-sublease, easement or licence, that they have the right to access or use rail corridor land. An applicant must negotiate suitable tenure arrangements before the department will provide owner’s consent.

The safety and operational integrity of the rail corridor land is the key issue assessed by the department when deciding whether to provide owners’ consent. To determine if a development will impact on rail corridor land or associated rail transport infrastructure, the department will seek input from relevant stakeholders, including:

• the railway manager
• local government authorities
• other government departments.

Apply for owner's consent for a development application on rail corridor land by contacting:

The Manager
Rail Corridor Management
Strategic Property Management
PO Box 1412
BRISBANE QLD 4001

Email: Rail_Corridor_Management@tmr.qld.gov.au

 

Related information

• Section 263 of the Sustainable Planning Act 2009