Part 3A development is development that is considered to be a Major Project. Most Part 3A development is larger in scope and size than traditional ‘local development’.
Part 3A projects are assessed under a merit based format – that is the development is approved or refused based on the merits of the proposal. Merit based applications require considerable documentation and a degree of substantive justification to warrant planning approval.
Part 3A development is generally development that is identified in State Environmental Planning Policy 2005 (Major Projects). The Minister for Planning may also ‘call in’ development under provisions made available in the EP&A Act.
To identify if your development at Sydney Olympic Park is a project to which Part 3A applies, the following criteria must be satisfied:
For confirmation that a development is a project to which Part 3A applies, you are encouraged to seek a Clause 6 opinion from the NSW Department of Planning.
You must formally submit a Project Application form to the Department of Planning. You will also have to formally request the heads of consideration for the development approval of your project from the Department of Planning under Section 75F of the EP&A Act. This is known as the Director General’s Requirements (DGRs). The DGRs contain the key assessment requirements for the development.
It is most likely that the DGRs will require that the applicant prepare an Environmental Assessment (EA) report. The Environmental Assessment is a planning document that supports a development application.
The Environmental Assessment is a key piece of information that the merit based assessment, undertaken by the Department of Planning, will be based on. Your Environmental Assessment should:
You will also require suitable drawings for your development proposal. Drawings should be professionally drawn and to scale. The DGRs may specify type, size and scale of drawings. In addition, it is also recommended to provide a materials sample board.
After you have lodged an EA with the Department of Planning, the Department will undertake an Adequacy Test to ensure the EA is suitable for public exhibition and adequately addresses all of the Director General Requirements.
The Department of Planning have 21 days in which to undertake an Adequacy Test and advise the applicant on the outcome.
Should the applicant fail to pass the Adequacy Test, the Department will provide advice for the applicant as to what issues needs to be addressed to pass the Adequacy Test. Once the applicant has passed the Adequacy Test, the EA can then go on Public Exhibition.
The Department of Planning will allow a period of 30 days for public exhibition of the proposed development. However it should be noted that the Department may extend the 30 day exhibition period after considering requests from the community, if the proposed project is controversial or complex or if the proposed project exhibition period falls within the school holiday period.
During the public exhibition period, it is recommended that the proponent undertake a form of community consultation. This could include information days, written letters to affected stakeholders, site meetings and information brochures.
During the exhibition period, anyone can make a submission on the proposed project. Submissions may include support or objection in regards to the proposed project.
Submissions must be made in writing and must reach the Department of Planning by the close of business of the last day the project is on Public Exhibition.
The Department of Planning may require the proponent to prepare a submissions report in response to the submissions received. If you are asked to prepare a submissions report, you need to analyse all the submissions made and present to the Department evidence that issues raised in the submission have been considered. The proponent may undertake further studies in support of the findings presented in the Environmental Assessment.
The Department of Planning may make the Submission Report available to the public.
You may want to modify your project to address issues that were raised in submissions. If this is the case you need to prepare a Preferred Project Report.
A Preferred Project Report allows the proponent to modify the project in response to submissions made. This may include modifications to the project or Draft Statement of Commitments. A Preferred Project Report may also require additional studies as a result of a change in the scope of works.
The Department of Planning may make the Preferred Project Report publicly available if the project substantially changes from that originally placed on Public Exhibition. The Department may also put the Preferred Project Report on Public Exhibition and request submissions.
Once the Public exhibition period is over, all submissions received and any Submission Report or Preferred Project Report finalised and submitted, the Department of Planning will prepare an Assessment Report giving recommendations to the Minister or Consent Authority.
The recommendations may include development consent, development consent with conditions or development refusal.
Should the Assessment Report recommend development consent with conditions, the proponent should receive a draft copy of the conditions for comment.
Once the Public exhibition period is over, all submissions received and any Submission Report or Preferred Project Report prepared, and the formal recommendations made in the Assessment Report, the Consent Authority will make a Determination.
The Consent Authority does not have to only consider the Environmental Assessment, community submissions, Preferred Project Report, Submission Report, and the Assessment Report when making a Determination. The Consent Authority may consider any other information it has its disposal or commission expert advice to help in a Determination.
Once a Determination is made, the applicant is notified and the Determination made public.
In accordance with Part 15 of the EP&A Regulations, the Department of Planning may charge a fee. It is recommended that you clarify the fee amount with the Department of Planning.
You should consult with the Department of Planning early on in your project and regularly during the assessment period. Visit the Department of Planning website for more information. information.
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