As outlined above, Development Approval may be under Part 3A for major projects or under Part 4 or Part 5 for other projects. The risks associated with gaining Development Approval should be appropriately considered at the outset.
In general, the trade-off for a higher degree of planning approval certainty is a lower level of private sector innovation. The planning approval process adopted will depend on the level of private sector innovation required. The BCC should be informed of the planning process that will be followed (as outlined below) prior to the agency calling for EOI.
Regardless of which planning process is followed, it should commence as early as possible in consultation with the Department of Planning.
The initial Business Case should include an assessment of the alignment of project objectives with planning objectives. Consistent with section 3.1 of these guidelines, BCC approval to continue the project will be required if likely development approval conditions affect the Business Case conclusions or the assumptions underpinning the Business Case.
The sharing of risks and costs relating to the attainment of approval and compliance with any conditions must be detailed in the project contract.
Prior to the close of the Call for Detailed Proposals, a planning workshop should be held with each of the short-listed bidders and the Department of Planning so that bidders have the opportunity to discuss the development approval process and any conditions that have been set or are likely to be set.