Referrals

On occasion, particularly when an application is large or complex, it may be necessary for the Department of Town and Country Planning to refer to another Government department or to a non-government agency for professional or technical comment. This is known as an Agency Referral.

The DTCP is empowered under the Town Planning Act and Subdivision of Land Act to consider town planning, development and subdivision issues, and to grant Development Permission. Many types of development, however, must comply with multiple pieces of legislation in order to be approved. The other legislation that affects proposed developments includes, but is not limited to, Roads Act, Public Health Act, Drainage Act, Civil Aviation Act, Water Supply Act, Environment Management Act and the Native Land Act and Crown Land Act.

An agency referral is when an Application for Development Permission made under the Town Planning Act or Subdivision of Land Act is referred by the Department of Town & Country Planning (DTCP) to another agency or government department for comment. The purpose of the referral is to ensure that the proposed development is consistent with all pieces of legislation that affect different types of development.

Before Development Permission can be granted, development proposals must be considered by the agencies responsible for these other Acts to ensure they meet all relevant technical specifications.

The Department of Town and Country Planning, which is responsible for granting Development Permission, acts as coordinator of the agency referral process. Referral agencies are identified during the initial assessment of the application, and become partners in considering the application. Each referral agency is provided with a copy of the application submitted and any other details of the proposal. Some agencies charge a fee for considering an application, and this cost must be paid by the applicant.

Referral agencies are asked to consider each application, and to comment on the proposal. Local authorities have 30 days in which to comment, but no timeframe exists under any Act for other agencies. In this time, the application is considered by each agency's technical experts. Agencies may seek technical clarification from the applicant during the referral period. After consideration, each referral agency may:

• Request further information or studies;
• Indicate 'no comment' and no further interest in the application;
• Recommend approval of the development as proposed;
• Recommend approval of the development subject to conditions and identify conditions to be imposed; or
• Recommend refusal of the development.

All referral agency comments are collated and considered alongside the assessment carried out by DTCP against the planning provisions, in order to make a decision on the application.

Typically, agency referrals are made by DTCP according to the following checklist:

Other agencies may also be asked for comment, depending on the location or nature of the proposal.