Ministerial 'call-in'

The Minister for Planning has the ability to call-in development applications for assessment and determination by the State Planning Commission.

Overview

Under the Planning, Development and Infrastructure Act 2016 (the Act) the Minister for Planning has the power to assign the Commission as the relevant authority to assess developments.

A relevant authority or applicant can request that the Minister exercises this power through a request made to Planning and Land Use Services in the Department for Housing and Urban Development.

In making such requests, consider whether the proposed development meets the following criteria:

  • major, social, economic and environmental importance
  • benefits, impacts or results in risks that are of significance to the state
  • the cumulative effect of the development (and any related developments) would create issues that are of significance to the state
  • the development is in two or more local government areas or is outside the boundaries of a particular region or council
  • the proposal is expected to have significant impacts on any other Act (including Part 2b of the Urban Renewal Act 1995)
  • another relevant authority (including an Assessment Panel, joint planning board, regional assessment panel) has failed to deal with an application for development authorisation within a reasonable period
  • 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 the Commission 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

An applicant, a council or a joint planning board can request the Minister to ‘call-in’ a proposed development.

The following information must be provided to support the ‘call-in’ request to the Minister:

  1. A completed request for 'call-in' status form (PDF, 222 KB) – containing brief details of the proposal.
  2. 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).
  3. A package of plans of the proposed development (e.g. site plans, elevations, cross sections, landscaping etc).
  4. Other documentation that would inform the Minister in making a decision such as scoping studies and technical reports.

Information should be emailed to PlanSA@sa.gov.au with Request for 'call-in' in the title.

The process

    • Applicant undertakes feasibility and due diligence.
    • Applicant considers scale, impacts and alternate development assessment pathways.
    • Applicant submits request to the Minister to appoint the Commission as the relevant planning authority via PlanSA@sa.gov.au.
    • DTI-PLUS undertakes the 'call-in' assessment.
    • Minister considers and determines the 'call-in' request.
    • The Minister confirms or declines the “call-in” request.
    • If the request is approved, formal correspondence is sent to the applicant and council, with any future application to be lodged in the Development Application Processing (DAP) system within time frame specified in the correspondence.
    • 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.

Documents

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