The Minister for Planning and Local Government has the ability to call-in development applications for assessment and determination by the State Planning Commission (SPC).
Developments that are of state significance due to their scale, impact or unique circumstance can be considered for a call-in request, and are deemed performance-assessed developments under the Planning and Design Code.
Pursuant to section 94 of the Planning, Development and Infrastructure Act 2016, the Minister for Planning and Local Government has the power to assign the State Planning Commission as the relevant authority to assess developments.
A relevant authority or applicant can request that the Minister exercises this power through an application made to Planning and Land Use Services of the Attorney-General’s Department.
In considering such requests, you should consider whether the proposed development meets the following criteria:
- major, social, economic and environmental importance, or
- benefits, impacts or results in risks that are of significance to the state, or
- the cumulative effect of the development (and any related developments) would create issues that are of significance to the state, or
- the development crosses or is outside the boundaries of a particular region or council, or
- the proposal is expected to have significant impacts on any other act (including Part 2b of the Urban Renewal Act 1995), or
- another Relevant Authority (including assessment panel, joint planning board, regional assessment panel) has failed to deal with an application for development authorisation within a reasonable period, or
- the Minister considers a ‘call-in’ as appropriate or necessary to assess a proposed development (i.e. Section 94 (1)(g) actual or perceived conflict of interest by council acting as relevant authority).
A Ministerial ‘call-in’ does not equate to an approval, only that the assessment is then undertaken by another relevant planning authority in accordance with the requirements of the Planning and Design Code, relevant referral and notification requirements under the Act and Regulations. If the assessment process has already commenced, the Commission has the ability to accept or revisit the assessment steps undertaken by the previous authority.
Request for 'call-in' by the Minister
The following information must be provided to support the ‘call-in’ request to the Minister for Planning and Local Government:
- A completed request for 'call-in' status form (PDF, 213 KB) – containing brief details of the proposal.
- A detailed statement outlining the background and rationale for the ‘call-in’ request (addressing Section 94 (1) or (2)) of the Planning, Development and Infrastructure Act 2016).
- A package of plans (e.g. site plans, elevations, cross sections, landscaping etc).
- Other documentation which would support the Minister in making a decision (i.e. due diligence, scoping studies, technical reports etc).
Provision of this supporting information will enable the relevant planning officer to submit a detailed briefing to the Minister for Planning and Local Government.
Information should be emailed to PlanSA@sa.gov.au with Request for 'call-in' in the title.
- Applicant undertakes feasibility and due diligence.
- Applicant considers scale, impacts and development assessment pathways.
- Applicant requests the Minister to appoint the Commission as the relevant planning authority.
- Submits request via PlanSA@sa.gov.au.
- AGD-PLUS undertakes the 'call-in' assessment.
- Minister considers and determines the 'call-in' request.
- The Minister confirms or declines the 'call-in' request.
- Formal correspondence will be sent to the applicant and council, with any future application to be lodged in the Development Application Processing (DAP) system.
- If the request is declined and the development application is already in the DAP, the relevant planning authority (previously assigned) will continue with the assessment.
- If the request is confirmed and the development application is already in the DAP, the Commission will be re-assigned as the relevant planning authority.