A lesser known aspect of the Environmental Planning and Assessment Act 1979 is the use of Part 5 Division 5.1, where the development of infrastructure is permitted without the need for development consent. These are known as ‘development permitted without consent’ in an environmental planning instrument such as the State Environmental Planning Policy (Transport and Infrastructure) 2021. Although a DA is not required, public authorities that are responsible for the delivery of essential infrastructure such as hospitals, schools, roads, airport transport facilities, are still required to assess the environmental impacts of a project through a Review of Environmental Factors (REF).

A number of amendments have been made to Part 5 Division 5.1 with the commencement of the Environmental Planning and Assessment Regulation 2021 (“EP&A Regulation 2021”) on 1 March 2022. This includes the requirement for REF documents to be published on the NSW Planning Portal where a project cost is more than $5 million. The Department of Planning has also published new Guidelines for Division 5.1 Assessments under Clause 170 of the Environmental Planning and Assessment Regulation 2021 to outline the form of an REF document and help determining authorities making determinations or issuing approvals under Division 5.1.

Infrastructure projects are always a fascinating part of the built environment to be involved with. Barr Planning works with a number of public authorities and infrastructure providers in preparing Review of Environmental Factors (REF).

A copy of the guidelines can be found here.