Guidance on Non-Trunk Infrastructure Conditions in Queensland Development Approvals

Introduction

Property developers in Queensland must understand the requirements for non-trunk infrastructure, as these conditions directly influence a project’s commercial viability. The Planning Act 2016 (Qld) provides the legal framework that local governments use to impose conditions for both shared trunk infrastructure and site-specific non-trunk works.

This article offers guidance on the legal principles governing non-trunk infrastructure conditions under the Planning Act 2016. It explains the process for making a conversion application to reclassify infrastructure and outlines key considerations for managing infrastructure planning and charges to protect a project’s financial outcomes.

Interactive Tool: See If You Can Convert Non-Trunk Infrastructure to Trunk

Understanding Trunk Versus Non-Trunk Infrastructure for Property Developers

Defining Local Government Infrastructure Plans & Trunk Networks

A Local Government Infrastructure Plan (LGIP) is a critical part of a local planning scheme that integrates infrastructure planning with land use planning. It provides transparency about a local government’s intentions for providing trunk infrastructure, which helps ensure that this infrastructure is delivered efficiently. An LGIP also forms the basis for imposing conditions on development approvals.

Trunk infrastructure consists of the high-level, shared networks that provide essential services to the broader community. These networks are planned and identified within an LGIP and typically include:

• Water supply systems
• Sewerage networks
• Transport infrastructure, such as major roads
• Stormwater management systems
• Public parks and land for community facilities

Identifying Non-Trunk Infrastructure Internal to Your Development Site

In contrast to shared trunk networks, non-trunk infrastructure is not included in a LGIP. This type of infrastructure is generally not shared with other properties and is located entirely within the boundaries of a specific development site.

A common example of non-trunk infrastructure is a cul-de-sac constructed within a new residential subdivision. These internal assets are the direct responsibility of the developer and are required to service the lots created within that particular project.

The Legal Framework for Non-Trunk Infrastructure Conditions for Development Companies

Imposing Conditions Under Section 145 of the Planning Act 2016

Local governments have the authority to impose conditions on a development approval for the provision of non-trunk infrastructure. This power is outlined in Section 145 of the Planning Act 2016, and the conditions must specify the infrastructure required and the timeframe for its delivery.

Under Section 145 of the Planning Act 2016, these conditions can require a developer to provide infrastructure for several purposes, including:

• an internal infrastructure network within the development premises;
• connections from the development to external infrastructure networks; and
• works to protect or maintain the safety and efficiency of the broader infrastructure network that the non-trunk components connect to.

A key aspect of this provision is that a local government can impose a non-trunk infrastructure condition even if a LGIP is not in place for the area. This provides councils with a mechanism to ensure developments are properly serviced, independent of the broader trunk infrastructure planning framework.

The Impact of the Homeland Property Developments Case Decided in 2025

The scope of a local government’s power to impose non-trunk infrastructure conditions was clarified in the 2025 Queensland Court of Appeal decision of Homeland Property Developments Pty Ltd v Whitsunday Regional Council [2025] QCA 234 (‘Homeland‘). This case confirmed that a local government can use Section 145 of the Planning Act 2016 to impose a condition even if no LGIP was part of the planning scheme when the development application was properly made.

In this matter, the developer preferred the conditions to be imposed under Section 128 of the Planning Act 2016, which applies to trunk infrastructure and allows for offsets and refunds. However, the court found that the legislative basis for imposing a trunk infrastructure condition was not available because an LGIP was not in place at the time of the application.

The decision drew a clear distinction between the powers relating to trunk and non-trunk infrastructure. While conditions for necessary trunk infrastructure under Section 128 of the Planning Act 2016 are linked to the existence of an LGIP, the power to impose non-trunk conditions under Section 145 of the Planning Act 2016 is not subject to the same limitation.

Making a Conversion Application for Real Estate Investors

Statutory Timeframes & Requirements for a Conversion Application

If a development approval includes a condition to provide non-trunk infrastructure, it may be possible to apply to have it converted to trunk infrastructure. This process, known as a conversion application, is governed by the Planning Act 2016 and can only be initiated before construction of the non-trunk infrastructure has commenced.

Under Section 139 of the Planning Act 2016, the application must meet specific requirements to be valid. Key considerations for this type of planning application include:

• Written Submission: The conversion application must be made in writing to the relevant local government.
• Strict Deadline: The application must be submitted within one year after the development approval starts to have effect.

Adhering to this timeframe is essential for real estate investors seeking to reclassify infrastructure. Failing to do so will prevent the local government from considering the conversion.

How Local Governments Assess & Decide on Conversions

Once a conversion application is submitted, the local government has a defined period to make a decision. According to Section 140 of the Planning Act 2016, the local government must decide on the application within 30 business days of its submission. This period may be extended if the council requests additional information from the applicant.

The assessment is based on criteria outlined in the local government’s charges resolution. If the application is approved, the original condition requiring non-trunk infrastructure ceases to apply.

Following a successful conversion, Section 142 of the Planning Act 2016 allows the local government to amend the development approval. This may involve:

• imposing a new necessary infrastructure condition for the newly classified trunk infrastructure; and
• issuing an amended infrastructure charges notice, which could result in an offset or refund.

Commercial Feasibility & Extra Trunk Infrastructure Costs for Australian Businesses

Managing Extra Payment Conditions Outside the Priority Infrastructure Area

Local governments can impose conditions requiring extra payments for trunk infrastructure, which can affect a project’s commercial feasibility. Under Section 130 of the Planning Act 2016, an extra payment condition may be applied to a development approval if the project imposes additional costs on the local government.

These conditions are typically triggered if the proposed development:

• Generates more demand for infrastructure than what was assumed in the LGIP;
• Requires new trunk infrastructure to be delivered earlier than scheduled in the LGIP; or
• Is located completely or partially outside the designated priority infrastructure area (PIA).

The costs that can be charged depend on the development’s location. For a project entirely outside the PIA, an extra payment condition may cover the establishment costs of necessary trunk infrastructure, including temporary works required to ensure the network’s safety and efficiency.

Offsets & Refunds for Necessary Infrastructure Conditions

Developers may be able to offset the cost of providing trunk infrastructure against levied infrastructure charges. This mechanism is detailed in Section 129 of the Planning Act 2016 and applies when a developer is required to deliver trunk infrastructure that will also service other premises.

If the cost of the required infrastructure is equal to or less than the levied charge for the development, the cost must be offset against the amount owed. This reduces the total infrastructure charges payable by the developer.

A refund may be available if the infrastructure cost exceeds the levied charge. In this situation, Section 129 of the Planning Act 2016 specifies that no infrastructure charge is payable, and the local government must refund the difference between the infrastructure’s establishment cost and the amount that would have been charged.

Plain-English Developer Action Points & Due Diligence Checklist

Essential Due Diligence Steps Before Submitting a Development Application

Proactive due diligence is essential for managing infrastructure costs and avoiding delays. Before lodging a development application, developers should undertake several key checks to understand potential obligations and protect the project’s commercial viability.

A practical checklist includes the following steps:

• Review the LGIP: A thorough review of the LGIP will clarify the local government’s intentions for providing trunk infrastructure and the basis for future infrastructure conditions.
• Confirm if the site is in a PIA: Confirming the site’s location relative to the PIA is crucial, as development outside this area may be subject to an extra payment condition for necessary trunk infrastructure.
• Assess potential non-trunk infrastructure needs: Identify any required internal infrastructure. As these non-trunk costs are the developer’s direct responsibility, they must be factored into financial planning.
• Check development sequencing: An LGIP outlines the planned timing for new trunk infrastructure. A proposal that is out of sequence with this plan may be refused or attract an extra payment condition to cover the costs of bringing infrastructure delivery forward.

Action Points for Managing Infrastructure Planning & Charges

After a development application is approved, developers can take several steps to manage infrastructure conditions and charges effectively. These actions can help optimise project costs and provide greater certainty.

Key action points for developers include:

• Negotiate an infrastructure agreement: The Planning Act 2016 allows developers and local governments to enter into infrastructure agreements. These agreements offer flexibility and can be used to create custom solutions for funding infrastructure, alter payment terms, or provide infrastructure that is not included in an LGIP.
• Review infrastructure charges notices carefully: Upon receiving an infrastructure charges notice, verify that it has been issued correctly and that the levied charge is calculated in accordance with the local government’s current charges resolution.
• Evaluate the feasibility of a conversion application: If the approval includes a non-trunk infrastructure condition, consider making a conversion application within the statutory timeframe. A successful conversion application, as previously discussed, can lead to an offset or refund against infrastructure charges.

Conclusion

Understanding the legal principles for non-trunk infrastructure conditions under the Planning Act 2016 is fundamental for property developers managing a project’s commercial viability. Strategic planning, including proactive due diligence and careful management of infrastructure planning and charges, allows developers to protect their financial outcomes and ensure regulatory compliance.

If you require guidance on infrastructure conditions for a development project, contact our planning and environment lawyers at GRM Law. Our experts provide the legal support needed to manage these complex requirements effectively and protect your project’s feasibility.

Frequently Asked Questions

Disclaimer: This is general information only and is not legal advice. For advice on your circumstances, contact GRM LAW.