Some types of developments are generally not allowed in the ACT. This includes if the developments are:
- uses identified as prohibited under the relevant policies of the Territory Plan
- development undertaken by a person or organisation other than the ACT Government, or an ACT Authority, in a future urban area.
If a development is prohibited but is an exempt from development approval, it is not taken to be prohibited.
If a development is prohibited you cannot lodge a development application (DA).
If a development is authorised by a DA and subsequently becomes prohibited, then the development can continue. A development that is lawful when it begins, continues to be lawful.
If a development use is authorised under a Crown lease then a DA may be considered The development may also be able to access DA exemptions.
Determining uses, including ancillary and minor use
Uses are defined in the Territory Plan. Some uses that would otherwise be prohibited may be assessed with a broader development proposal if they can be defined as an ancillary or minor use. For example in a community facility zone, a car park alone is a prohibited use, but could be considered if it is ancillary to a childcare centre, which is an assessable development.
