If you are undertaking development that requires approval under the Planning, Development and Infrastructure Act 2016, your application may need to be referred to a state or local government agency to review the proposal.
This page provides useful information about the process for obtaining a preliminary referral agreement prior to formally submitting your application for assessment, including contact details for referral agencies.
Overview
The Planning, Development and Infrastructure Act 2016 allows applicants to seek the opinion of a prescribed body (referral agency) in relation to a proposed development before lodging an application for Planning/Land Division Consent (the application).
If the referral agency is in support of the proposal (which may include the imposition of conditions), the application will not have to be formally referred to the referral agency during the assessment of the application.
A preliminary agreement with a referral agency does not equate to a planning consent. Only the assessment of the matters required to be referred will be considered prior to lodging the application.
Referrals
Referrals inform, and in some cases, direct the assessment or outcome of the development application.
Referrals are set out in the Regulations and may require the applicant to pay additional fees for the authority to send the application on for a referral.
Referrals are required when the proposed development may:
- impact or be affected by services or matters that other authorities have control over or an interest in
- have a broader impact on the health and safety of the community and the environment.
Referral agencies
These are some of the referral agencies that are responsible for the assessment of applications under the Planning, Development and Infrastructure Act 2016.
The Commissioner of Highways will assess applications that create new or amend vehicle access onto major arterial roads, on sites that are subject to future road widening plans or involve advertising signs near intersections or traffic lights. They are responsible for ensuring that proposals will not cause unsafe or significant impacts to major road networks and traffic flows.
The Environment Protection Authority (EPA) will assess whether an application meets their standards for air quality, noise, radiation, site contamination, waste, wastewater and water quality.
The Native Vegetation Council will assess applications that will result in a major clearance of native vegetation, where the proposed development is located within a Native Vegetation Overlay.
The Country Fire Service (CFS) may need to assess the safety of your chosen location and provide advice if your proposed development is located in a bushfire protection area. Siting your house in the safest location on your land will significantly speed up your assessment.
The Coast Protection Board reviews applications to ensure that the proposal will not impact on the coast as a result of erosion, damage, deterioration, pollution or misuse.
The State Heritage Branch acts on behalf of the Minister responsible for administering the Heritage Places Act 1993. If you are undertaking development to, or near a state heritage listed building or place your application will be referred to the State Heritage Branch for direction.
The Department for Water reviews applications that include an activity that may affect the River Murray, to determine the extent of any impacts to river health, environmental flows, and water quality.
Preliminary agreements
Obtaining a preliminary agreement and engaging with referral agencies prior to formally lodging an application for Planning/Land Division Consent will streamline the assessment and decision-making process. Entering into a preliminary agreement eliminates the need for referrals to be undertaken during the formal assessment process once an application is lodged, significantly reducing assessment timelines and potential delays to the processing of your application.
Further information and guides to assist you in obtaining a preliminary agreement are available in the resource library or in the documents section on this page.
Applying for a preliminary agreement
Applications for a preliminary agreement can be made directly to the referral agency prior to the submission of your application. Please refer to the referral agencies and preliminary agreements fact sheet (PDF, 281 KB) for contact details and information that is required to be included in support of your application.
