Pre-Lodgement Agreements with referral agencies

From 29 November 2007, Section 37AA of the Development Act has enabled applicants to enter into formal discussions with one or more such referral bodies prior to lodging an application.

If as a result of these formal discussions an agreement is signed by both parties (a Pre-Lodgement Agreement), this obviates the need for a referral to that body or bodies during the assessment process. The agreement must be lodged with the development application, and the application lodged within three months of the agreement being signed.

The Development Regulations incorporate a standard form for applicants to initiate formal pre-lodgement discussions with referral agencies. That form is available here:

A Guide to Pre-Lodgement Agreements has been prepared by Planning SA to assist councils and proponents with the new provisions:

Background 

Under South Australia's planning and development system, a single Development Approval is required from the appropriate relevant planning authority (e.g. council, DAC).

The Development Approval will usually be issued after the granting of two separate consents - Planning Consent and Building Consent (other consents may be required for some types of application).

The Planning Consent (‘Development Plan Consent’) is required from the relevant planning authority after any required referral to prescribed statutory bodies. Schedule 8 of the Development Regulations lists the kinds of applications which must be forwarded to particular referral bodies for comment before a planning consent decision is made.

This referral process avoids the need for an applicant to obtain separate planning decisions from different bodies under different Acts.

Historically, applicants with large or complex proposals have often held informal discussions with these referral bodies during the final stages of the preparation of proposals, in order to ensure that various key elements are appropriately addressed in the application.

From 29 November 2007, Section 37AA of the Development Act has enabled applicants to enter into formal discussions with one or more such referral bodies prior to lodging an application.

This approach provides the opportunity for a better application, greater certainty for the applicant and potential for reduced assessment times.

In the event that formal discussions are commenced but not concluded, then an application can be lodged and a standard Scedule 8 referral undertaken.

Note: the Pre-Lodgement Agreement provisions were introduced through the Development (Assessment Procedures) Amendment Act 2007. You can view the legislative changes by following this link: Development (Assessment Procedures) Amendment Act 2007