When deciding a planning permit application, council or the responsible authority is sometimes required to notify and give a copy of the application to any relevant ‘ person or body that the planning scheme specifies as a Referral Authority ‘ pursuant to section 55, 56 and 61 of the Planning and Environment Act 1987 (P&E Act).
These sections of the Act specify that the referral authority can request further information to assist them in their assessment of the application. As a result of their assessment the referral authority may also request conditions be included on a permit. Section 61 (2) states that the responsible authority must refuse to grant the permit if the referral authority objects to the granting of a permit.
The Victorian planning provisions lists the Referral and Notice provision requirements under Clause 66. For instance the table in Clause 66.01 lists the referral authorities which may be required to be notified for an application for subdivision. These authorities may include the relevant water, drainage or sewerage authority, the relevant gas supply authority or electricity supply or distribution authority or the country fire authority.
The table contained in Clause 66.03 Victoria’s planning schemes prescribes which type of applications must be referred to which authorities. For instance, applications which are subject to the requirements of Clause 44.04-4 Land subject to inundation overlay (LSIO) must be referred to the relevant floodplain management authority (commonly Melbourne Water)
The recent Planning and Environment Amendment (General) Act 2013 has introduced improvements to the Referral process into the P&E Act. The referral process in the past has been responsible for extending time frames and tying up applications sometimes for long periods while additional information is sought by a referral authority.
Proposed changes include:
The formation of 2 types of referral authorities :
- a determining referral authority (as currently exists) whereby they have the power to refuse the granting of a permit or to impose particular conditions
- a recommending referral authority that only have to power to make recommendations on the application the responsible authority would no longer be obliged to refuse the permit or impose any conditions required by the referral authority. Review rights are available to the referral authority if it objects or requests conditions not included in the permit .
- Section 197 of the P&E Act requires all planning bodies expedite the planning process as promptly as possible which now includes referral authorities.
Referral authorities will be required to maintain a register of a planning applications referred to under S 55 and 57 (c ) of the P&E Act and make the register available for inspection by any person for no cost. This provision will increase accountability of referral authorities by requiring them to make public the time taken to provide referral-advice.
A copy of the referral authority’s comments and decision is to be given to the applicant as well as any further information requirements at the same time as it is provided to the responsible authority. This will hopefully enable the applicant to respond more quickly to the requirements and address any issues earlier to expedite the permit process.