Understanding a Review of Environmental Factors
In many cases, public authorities have the ability to carry out development “without consent.” This means they can bypass the traditional DA process governed by Part 4 of the Environmental Planning and Assessment Act 1979, or a more comprehensive Part 5 environmental impact statement (EIS) process.
Instead, they undertake a Review of Environmental Factors (REF), which evaluates the environmental, social, and economic impacts of a project. Conducted under Part 5 of the Act, the REF consolidates the assessment and decision-making process, with the public authority acting as both the proponent and determining authority.
An REF is essentially a comprehensive report that outlines the proposal, assesses potential impacts, and incorporates mitigation measures to address these impacts (where applicable), similar to the conditions of consent issued for DAs.
At Barker Ryan Stewart, we specialise in guiding public authorities through the REF process and can ensure all legislative and policy requirements are considered.
1. What Does REF Preparation Involve?
Here’s how we help public authorities navigate the REF process:
Legislation Review
We assist public authorities in reviewing relevant legislation to confirm whether a project can proceed “without consent.”
Preliminary Analysis
A detailed assessment is carried out to confirm the pathway, consider constraints, and identify supporting studies that may be required, such as bushfire, ecology, traffic, or noise reports.
Engaging Experts
Qualified consultants are engaged to prepare technical studies addressing environmental or social impacts.
Drafting the REF, including consultation
Our team prepares the REF, including consultations with stakeholders, government agencies, and local communities where required, while embedding safeguards to minimise any adverse effects. The REF will include an assessment of environmental impacts, some of which will be based on expert reports where necessary.
Public Authority Approval
Once the REF is finalised, the public authority reviews the document, evaluates the proposed mitigation strategies, and certifies the development to proceed. Depending on the cost of the development, the REF may need to be published.
2. What Projects Commonly Proceed Without Consent?
Many projects that fall under State Environmental Planning Policies (SEPPs) can be carried out without a formal DA. Common examples include:
Infrastructure Projects
Governed by Chapter 2 of the State Environmental Planning Policy (Transport and Infrastructure) 2021 [or ‘T&I SEPP’], these projects often involve road and rail upgrades, flood mitigation works, drainage infrastructure, public park upgrades, emergency services facilities, and public administration buildings.
Social and Affordable Housing
The State Environmental Planning Policy (Housing) 2021 [or ‘Housing SEPP’] facilitates social and affordable housing developments like seniors housing, residential flat buildings, and subdivisions, supporting the delivery of much-needed housing for vulnerable groups.
Educational Establishments
Under Chapter 3 of the T&I SEPP, existing and approved schools, universities, and TAFE establishments can upgrade or expand infrastructure and construct new buildings to meet evolving community needs. The SEPP also provides opportunities for new government schools to be established as development without consent via the REF process.
Our team has successfully supported Councils, State agencies, and organisations like Transport for NSW, NSW Police, NSW Communities and Justice, Homes NSW and the NSW Department of Education, ensuring projects comply with the relevant legislative frameworks.
3. Who Qualifies as a Public Authority?
In NSW, a public authority is defined as:
- A public or local authority created by legislation.
- Public Service agencies or statutory bodies.
- State-owned corporations and their subsidiaries.
- Other entities specified under SEPPs or regulations.
In some cases, private bodies such as independent schools can be considered as a public authority and are able to proceed using the REF process.
4. How Can Barker Ryan Stewart Support Your Project?
We provide a full suite of services to public authorities, including:
- Planning services, including REF preparation and environmental impact assessments.
- Surveying services.
- Project management and coordination of subconsultants to deliver supporting technical studies such as bushfire, ecology, noise, contamination, and heritage.
- Design and engineering services for roads, flood mitigation, and public infrastructure.
Our Recent Projects Include:
- Social housing for Homes NSW.
- Road upgrades for Wagga Wagga City Council and Orange City Council.
- TAFE infrastructure enhancements in Grafton and Ballina.
- Intersection improvements for Hunter Water.
- Open space and public facility upgrades for Central Coast Council, City of Parramatta Council and Cumberland City Council.
- Public School upgrades and improvements across the State.
For any assistance with projects requiring the preparation of a Review or Environmental Factors or accompanying civil design, please contact your local Barker Ryan Stewart office or email mail@brs.com.au. We can also assist with other planning pathways including Development Applications or State Significant Development.
- Sydney – 02 9659 0005
- Central Coast – 02 4325 5255
- Hunter – 02 4966 8388
- Coffs Harbour – 02 5642 4222
- Northern Rivers – 02 6681 6696
- Southeast Queensland – 07 5582 6555
