Pre-application information may take the form of a meeting or formal advice.
Pre-application meetings to discuss a development proposal prior to lodgement are a free Planning and Land Authority service. Hand written notes are recorded at these meetings.
Pre-application advice in relation to development proposals may be obtained in writing under section 138 of the Planning and Development Act 2007. This advice expires six months after the day it is given and there is a fee for this service.
We suggest you contact EPSDD during the design process so we can help you to resolve issues that might arise during the development of your proposal. Early discussions with us and other relevant government agencies and service providers can avoid delays by reducing the possibility of your application not complying with relevant regulations or failing to address any requirements.
When booking a pre-application meeting with the Customer Services, you will be asked to provide some information five days before the meeting so we can review your proposal and prepare for the meeting. When you attend the meeting, you will be given an application number. Quote this number when contacting us before lodging your development application.
Advice given at a pre-application meeting does not constitute an approval or agreement to a proposal or any part of it. Rather, the meeting aims to ensure all issues are considered and addressed and that sufficient information will be provided for the proposal to be considered.
Pre-application section 138 advice
We must consider a development proposal and provide pre-application section 138 advice if requested by the proponent. However, we do not have to consider the development proposal if satisfied that there is insufficient information to allow us to provide adequate advice.
The following requirements apply to pre-application section 138 advice:
- the proponent of the proposal must request pre-application advice in writing
- pre-application advice must be provided in writing
- advice expires six months after it is given
- a fee will be charged.
After considering the proposed development, we must provide, in writing, the following advice:
- the assessment track that is likely to apply to the proposal
- whether the proposal is likely to be exempt or prohibited
- whether the development application will be referred to an entity
- whether public notification will be required for the development application
- whether the development proposed is consistent with existing lease conditions applying to the land where the development is proposed to take place, and
- generally, what further information may be required.
We may not act consistently with section 138 advice provided if:
- the environmental circumstances surrounding the development proposal change
- the development proposal under assessment is different from the proposal for which the advice was given
- when the proponent asked for advice, the request did not include relevant information
- the Territory Plan changes after the advice is given and before the assessment takes place or
- the advice given was inconsistent with the Territory Plan because of an error.