Smaller scale building proposals - where Government services are to be provided such as correctional facilities, health facilities, schools and police stations - are covered by Part 4 of the EP&A Act. The local council is the consent authority for such projects. Development applications (DA) must be accompanied by statements of environmental effect (SEE). The DA and SEE are exhibited for public comment.
For complex projects or projects being developed in stages, a Stage 1 approval can be obtained first, approving the overall parameters and layout of the development. The development details are determined later through subsequent development applicants consistent with the Stage 1 approval.
There should be early consultation with the relevant council to ensure that the proposed PFP is permissible under the relevant planning scheme, and is appropriate for the site. Agencies must seek a variation in the local environment plan (LEP) if a development is not permissible in the zone.
There should also be early consultation with council regarding the provisions of or contribution to local infrastructure. Councils may have a section 94 contributions plan or levy scheme which would apply to the development. In other cases, councils may propose that a voluntary contribution agreement be developed to offset some or all of the cost implications for additional local infrastructure.
Under Part 5A of the EP&A Act, councils cannot refuse DAs or place approval conditions on developments made by or on behalf of the Crown without the agreement of the Minister for Planning. Where there is a dispute between the Council and the agency regarding the terms of an approval, the Department of Planning will act to resolve outstanding issues and may set timeframes and approval conditions for determining the DA.