Navigating the 'basis of documents’ process

A panel may consider some or all submissions to a planning scheme amendment on the ‘basis of documents’ (sometimes called ‘on the papers’). This means the panel will review written submissions and supporting documents without holding a public hearing. This process is only used where the submissions or issues raised do not require the panel to consider a major issue of policy, and where it is fair and appropriate to do so.

Pre-referral stage

Appointment and preparation

The process begins with the appointment of a panel and initial preparations. When a proposed planning scheme amendment is referred to a panel, the panel reviews all submissions from the public and other stakeholders.The panel may seek the planning authority’s assistance in identifying any submissions that do not raise major policy issues and might be best suited for consideration on the basis of documents.

Notifying everyone involved

Issuing the s158F notice

Once submissions are referred, the panel may issue a notice under section 158F of the Planning and Environment Act 1987. This notice informs relevant persons that the panel intends to consider some or all submissions on the basis of documents. The notice must be issued within 10 business days of the referral and must allow at least 10 business days for responses.

Who receives the notice

• The Minister for Planning
• The relevant planning authority
• Any person who made a referred submission
• Any responsible authority or council concerned
• Any person who requested the amendment
• Any person directed by the Minister

Minister’s role and decision point

At any stage, the Minister for Planning may direct the panel to conduct a hearing to consider submissions (s158G(2)). In deciding whether to proceed to consider submissions or issues on the basis of documents, the panel must consider whether submissions raise major policy issues, any relevant Ministerial guidelines, and broader natural justice obligations.

Reviewing responses and making a decision

The panel must consider all responses to the s158F notice. If any submitter raises concerns about proceeding without a hearing, the panel must consider whether to proceed entirely on the basis of documents, or to hold a hearing for some or all submissions.

Issuing Directions and Reports

If all submissions are to be considered on the basis of documents, the panel will issue a Directions Letter that includes instructions for circulating any additional written material and sets the timing for the panel report.

If only some submissions are to be considered on the papers, the Panel will use issue a letter clarifing which matters will be considered on the basis of documents and which will proceed to a hearing.

Advising relevant persons of the decision

The panel must notify relevant persons of its decision no earlier than five business days after the deadline for responses to the s158F notice.

Conducting a hearing (if required)

If a hearing is required, the panel will advise the parties of which issues are to be considered at the hearing and which (if any) will be considered on the basis of documents. The panel will issue directions and conduct the hearing for the relevant submissions or issues.

Page last updated: 29/10/25