After you apply

During a completeness check, the DA Gateway team will usually check if you’ve:

• submitted the application correctly, and
• provided enough information for the full assessment.

They'll also complete some administrative tasks to help start the assessment process.

A completeness check will usually include:

• check if you've completed any relevant pre-DA processes. E.g. an environmental impact assessment or consulting the National Capital Design Review Panel (NCDRP)
• check you've submitted the minimum documentation required
• check you've completed all relevant forms, including a Greenhouse Gas Emissions Statement [239.5 KB] if required
• check if you've submitted an authorisation from [255.5 KB] the correct lessees (owners) and/or land custodians
• identify the required entity referrals.
• outline requirements for public notification including wording for notification material, and
• determine what fees you need to pay.

Land ownership in the ACT is leasehold. There is either:

• privately leased land (i.e. leased to an individual, group or company) or
• unleased Territory land (i.e. public land managed by the ACT).

For information on land custodianship details, check ACTmapi.

There is no legal timeframe to undertake a completeness check. EPSDD will strive to complete them within 5-10 working days from when you lodge your DA.

If an application fails a completeness check, the EPSDD will let you know. They’ll give you the reasons why it failed and you’ll need to resubmit your DA accordingly.

There is a fee for completeness check failures. The fee may also increase for each failure notice. So it’s important to make sure you include all documents required before you submit.

EPSDD will invoice all completeness check failure fees once they accept your DA.

If your DA passes the completeness check, you'll need to pay the relevant fees. Please note, DA fees are subject to change.

Once you pay the relevant fees, your DA is "lodged" and will enter the assessment process.

Public notification applies to all DAs and happens after it's lodged.

This happens at the same time as entity referrals and the DA assessment.

Check the DAs currently open for public comment.

The public notification period is the timeframe a DA can receive comment.

• A DA for a significant development: 2-stage public notification of 20 working days, followed by a second 10 working day period.
• Any other DA: the public notification period is 15 working days.

EPSDD may also extend the public notification period in some instances. This may occur if there was an in error in the initial notification process or if the application is likely to be of significant interest to the community.

A representation is a comment on or objection to a DA. Representations are only considered if they're made during the public notification period.

Representations can be found under current DAs. They're also given to the applicant, unless they are exempt from the public register, see information below.

Anyone who makes a representation in time will be notified of the decision in writing. They may also have rights to review of the decision.

If a representation is sent after the public notification period, it’s not required to be considered.

How to make a representation

If you want to make a representation, you can send one via:

• Online (encouraged): Representation for Current Development Application form
• Email: ACEPDCustomerServices@act.gov.au
• Post: Land, Planning and Building Services Shopfront, GPO Box 158, Canberra City 2601
• Drop off: Land, Planning and Building Services Shopfront at 8 Darling Street, Mitchell, ACT, 2911.

If you submit a representation online, EPSDD will acknowledge your representation electronically. If you send an email, you'll receive a confirmation email in return.

You can also withdraw your representation at any time before the application is decided. It doesn't matter how you've sent it in, just email ACEPDCustomerServices@act.gov.au to withdraw it.

Publishing representations

Representations also form part of the public register. This means they will be published on the Planning website for public viewing.

A representor can request that their representation is not published. This can only be granted where:

• the publication would disclose a trade secret or
• the publication would, or could reasonably:
  • endanger someone’s life or physical safety or
  • lead to damage or theft of property.

Tips on making a representation

Any representations received during the notification period must be considered by EPSDD during the assessment process.

Making a well thought out representation that raises relevant points is more likely to result in:

• a request for further information
• conditions as part of a decision, or
• the nature of the decision changing (i.e. to approve or refuse the application).

There’s no 'right way' to make a representation, but it's important to make sure it:

• focuses on the proposed development and any planning implications it may have. For example:
  • how it interacts with surrounding developments or
  • any implications to privacy, solar access or traffic.
• refers to the relevant statutory planning considerations, where possible
• outlines how the proposed development may impact you or others. Make sure you reference assessment outcomes in the Territory Plan, where possible and
• provides any information to support issues raised, including photos, plans, or extracts.

It's encouraged that a representation should not:

• state they're in favour or against the proposed development without including why
• state it will impact land value as this is not considered in the ACT planning system
• state the proposed development will impact views and outlooks. No individual lessee has sole right to a view.
• be personal or defamatory towards the proponent, applicant, an entity, Government agency, organisation or individual or
• raise matters that aren't relevant to the proposed development or planning in general.

A DA decision won't be based on how many representations received.

Regardless of the number of representations, it's their content that matters. For example, if every representation states they don't like the proposal with no reason, there is not enough information to consider, in making a decision.

The public notification process isn't the same for all applications. There are some circumstances where some notification elements may be exempt or broader consultation will be conducted.

Despite this, public notification usually includes:

• publishing the application on the Planning website and DA Finder+ App
• mailing letters to neighbours and
• putting signage on the development site.

Online notice

EPSDD usually publishes DAs online, including all plans and documentation.

The public can view and/or download these documents. This applies to any new documents uploaded throughout the notification period.

Mailed letters

The EPSDD will generally mail letters to the relevant adjoining residences. This is land that directly touch the block and those separated only by a road, creek or similar division.

The EPSDD may also mail letters to other residences not adjoining the block. This is only if they consider these residences may be affected in a similar way.

For lease variation DAs, the EPSDD will mail letters to each person with a registered interest in the land, as defined in the Crown lease.

Signage

DA signage is usually put up before the public notification period and removed shortly after it finishes. It may not stay on the block for the duration of the DA assessment.

DA Finder+ App

The DA Finder+ mobile app has information on current and decided DAs, including documents and other information. New DAs are published on the mobile app from when they're lodged. They’ll remain on the app for the assessment process, including after the decision is made.

The app is free to download from the App Store and Play Store.

The public notification process is not the same for all applications. Some exemptions will apply to certain types of development, including:

• mailed letters to adjoining residences are not required for subdivisions in future urban areas, and
• online notices and signage aren't required for:
  • public works in a future urban area
  • the building, alteration or demolition of single dwellings
  • the demolition of other structures in connection with the buildings or alteration of a single dwelling
  • the building, alteration or demolition of a Class 10 building or structure, or
  • signage, whether permanent or temporary.

The Planning Act 2023, the Planning (General) Regulation 2023 and Territory Plan requires a DA be referred to certain entities in particular scenarios, including:

• significant developments need entity advice from all the following entities:
  • utility providers, such as Evoenergy and Icon Water
  • the Conservator of Flora and Fauna
  • the ACT Emergency Services Agency
  • the Environment Protection Authority
  • the ACT Heritage Council
  • ACT Health
  • Transport Canberra and City Services (TCCS), and
  • the land custodian – where the development is on unleased Territory land.

For all other DAs:

• the Conservator of Flora and Fauna, when either of the following apply:
  • if it's likely to have significant adverse environmental impact on a protected matter or
  • if the DA relates to any part of a declared site.
• the ACT Heritage Council, if the DA relates to a place or object on the heritage register or
• the City Renewal Authority, where the development is within the city renewal precinct.

EPSDD will refer a DA to any other Government entity if they believe it'll have an adverse impact on a matter of interest to that entity. Other entities may also be outlined in the Territory Plan or the Planning Technical Specifications .

Entity referral happens at the same time as public notification and DA assessment. The DA assessment doesn't have to happen before the entity advice.

EPSDD can ask for extra advice if they think the application will impact a matter the entity is interested in.

When entity advice isn't required

There may be times referral to a mandatory referral entity may not be required.

This happens when the applicant consults the entity to develop the application within 6 months before it's lodged and the entity agrees in writing to the proposed development.

This is referred to as pre-DA entity advice. In this case, the entity advice is their written agreement on the DA.

Timeframes for entity advice

Entities must provide advice to EPSDD in the following timeframes.

Entity advice on DAs will be requested in 2 stages:

• Significant developments - Stage 1: within 20 working days
• Significant developments - Stage 2: within 10 working days
• Any other DA: within 15 working days.

Any advice sent after this time carries less weight in the assessment and decision-making process. Advice not provided on time won't delay the decision-making process.

Entities will usually advise if they support a DA or not, or request more information. They will focus on their area of interest, including their regulatory and advisory responsibilities. For example:

• Evoenergy electricity will usually comment on any proposed electrical or gas works, including:
  • if they can provide a connection
  • how it fits into the wider network, and
  • how the development will meet relevant standards.
• Icon Water will usually comment on:
  • how a proposed development may impact on water and sewerage infrastructure, including:
  • the availability and capacity of the network, and
  • how the development will meet relevant standards.
• TCCS will usually comment on:
  • traffic
  • parking
  • street trees
  • waste enclosures
  • stormwater, and
  • other municipal issues.
• the ACT Heritage Council will usually comment on:
  • impacts to heritage-listed items and places, and
  • other Heritage Act 2004 considerations.
• the Conservator of Flora and Fauna will usually comment on:
  • the general environmental impacts of a development, and
  • any impacts to protected matters and protected trees.
• the Environment Protection Authority will usually comment on:
  • erosion risks, and
  • contamination impacts and associated remediation
  • noise impacts, and
  • other forms of potential pollution.
• the ACT Emergency Services Agency will usually comment on:
  • bushfire risks
  • the capacity of fire hydrants for use during emergencies, and
  • accessibility for emergency service engines, etc.

The assessment starts with a high-level preliminary assessment of the application. This helps to identify any major issues as early as possible in the process, such as:

• if the development is allowed in the zone or by the Crown lease
• ensure all necessary entity referrals have been made
• identify associated applications or processes, like:
• environmental significance opinions, and
• presentations to NCDRP.
• note any declared conflicts of interest.

Stage 2 is where all entity advice is consolidated, considered and responded to.

Entity advice

When reviewing entity advice, EPSDD will consider:

• whether the advice was provided on time
• whether the entity:
  • supports the proposal (including when they support subject to conditions)
  • does not support the proposal and
  • if they need further information to help them come to a position.

These distinctions are important to make. It changes the weight of the advice, and there are special considerations when approving DA contrary to entity advice.

On-time entity advice

EPSDD will consider all entity advice received in the assessment process.

Any entity advice received on time carries more weight in the decision-making process. That is, a decision-maker can generally only approve a DA if it's consistent with entity advice.

If an entity suggests conditions for approval, EPSDD doesn't need to include these in their decision.

If an entity advises to refuse a DA, it can still be approved by the authority if the DA meets very specific criteria and considerations are made. These include:

• the decision-maker considers the relevant desired planning outcomes in the Territory Plan
• the decision-maker must consider any reasonable alternate development options for Das that need an EIS
• the proposal or project doesn’t involve a protected matter, and
• the decision-maker must agree that deciding against the entity advice will improve the planning outcome.

Late entity advice

If entity advice is received late, the same weight doesn't apply.

A decision-maker may only consider this entity advice. They don't have to meet the above criteria to decide to approve a DA against entity's advice.

In this case, the assessing officer will generally review the importance of the entity’s advice based on the DA.

Entity advice not provided

If an entity doesn't respond and EPSDD wishes to decide the DA, they are free to make the decision. The validity of the decision isn't affected by the entity's failure to provide advice.

Special entity advice and considerations

Registered trees or declared sites

If a development affects a registered tree or declared site, a DA can't be approved against advice from the Conservator of Flora and Fauna.

In this situation, approval is only given in line with the conservator's advice where the project is a territory priority project , and:

• the Minister as the decision-maker considers the relevant desired planning outcomes in the Territory Plan
• the Minister as the decision-maker consider any reasonable alternate development options for DAs that need an EIS
• the proposal or project doesn't involve a protected matter, and
• the Minister as the decision-maker must agree that a decision against the entity will improve the planning outcome.

Protected matters

If a development could have a significant adverse environmental impact on protected matter, the DA won't be approved against the advice from the Conservator of Flora and Fauna.

In this situation, only the Chief Planner or the Minister can approve if they're satisfied that the proposal is:

• consistent with the offsets policy and
• would provide a substantial benefit to the public.

The Chief Planner or Minister's approval must be consistent with approvals required or obtained under the Environment Protection and Biodiversity Conservation Act 1999 (Cth).

Referral to the Commonwealth

A proposed approval decision must be sent to the Commonwealth for advice if it might have a significant adverse environmental impact on a matter protected by the Commonwealth. i.e. under the Environment Protection and Biodiversity Conservation Act 1999.

The Commonwealth has 10 working days to provide advice.

Where the Commonwealth provides advice in time, DA approval can’t be given unless it's consistent with the advice.

If the Commonwealth doesn't provide advice in time, the decision-maker can approve the DA.

Stage 3 is where all representations are consolidated, considered and responded to.

Representations

When considering representations, the Authority will consider the following:

• the nature of the comments raised, including any concerns
• what statutory consideration or element of the Territory Plan the comments relate to
• the relevance to the application and planning considerations and
• how the proposed development will affect the representor.

Stage 3 of the assessment process can't be finalised until the public notification period is closed.

Browse current DAs.

In Stage 4, the Authority will assess all plans and supporting documents against the relevant:

• statutory requirements
• planning policies
• assessment outcomes, and
• other requirements of the Territory Plan.

The Authority will consider and/or assess these against:

• considerations outlined in the Planning Act 2023, including:
  • if the proposal appropriately transitions between zones, where the site adjoins another zone
  • the suitability of the proposed development in the context of the site and surround
  • the probable impacts, including the environmental impacts, of the proposed development
  • how the proposed development will interact with adjacent developments
  • any environmental impact statement (EIS) or environmental significance opinion (ESO) that applies, and
  • any advice provided by the NCDRP and the proponent's response.
• the relevant policies in the Territory Plan, including:
  • relevant District Policies and Zone Policies, including:
    • land use tables: the uses or development types assessable or prohibited in certain areas
    • policy outcomes: the key characteristics of each district and the policy outcomes required
    • assessment outcomes: the outcomes that development proposals in the district are assessed against, and
    • assessment requirements: the mandatory development controls for specific areas, sites or within each district
• any other applicable policies, such as:
  • the Subdivision Policy for subdivision design applications, and
  • the Lease Variation Policy for applications seeking to alter a Crown lease.

The assessing officer will also consider:

• the guidance and principles of relevant Design Guides, such as:
  • the Urban Design Guide
  • the Housing Design Guide, and
  • the Biodiversity Sensitive Urban Design Guide.
• the possible solutions and metrics outlined in the Planning Technical Specifications, where applicable.

In Stage 5, EPSDD will conduct general quality check of the assessment. They'll also check the referrals to and from internal support groups or advisory panels (if required), or by senior officers.

The review by support groups, advisory panels or senior officers will consider all elements of the assessment. For example:

• if the proposal meets the requirements of the Territory Plan
• entity advice
• representations and
• all other statutory requirements.

The final decision is made at this stage. The decision may be to approve, conditionally approve or refuse a DA.

During Stage 5, the Authority will review how (or if) development proposals meet the relevant assessment and design outcomes. Stage 5 acts as a layer of oversight to improve consistency in decisions on DAs.

EPSDD will also identify essential design elements and request pre-decision advice at this stage.

Stage 6 is the final step in the assessment process. This is where the notice of decision, attachments, and plans are compiled and stamped. Stage 6 aims to consolidate and finalise the decision package ready for release.

Responses to any pre-decision advice are also considered at this stage. Essential design elements will also be summarised if applicable.

Stamped plans are the official approved DA from the Territory Planning Authority. The Authority stamps these to identify which version received DA approval.

Approval timeframes

Statutory timeframes apply to deciding a DA:

Any requests for further information, pre-decision advice and DA amendments will influence the timeframes. Specifically:

• further information request pauses the DA timeframe
• the applicant provides further information recommences the DA timeframe
• pre-decision advice pauses the DA timeframe
• if you request a decision on DA in its current form (in response to pre-decision advice) recommences the DA timeframe and
• amendment to DA restarts the DA timeframe.

You must only send the information required when you respond to a request for further information. You don't need to send any other documents unless requested.

If you receive a request for further information, you won't be charged an extra fee.

If you change your application after a request for further information, you'll need to submit a DA amendment. A DA amendment also applies if you send more information than requested.

DA amendments are only able to be made where the amended development:

• is substantially the same as what was originally proposed, and
• is not for a significant development – when the original application wasn't a significant development.

DA amendments will attract an additional fee.

When further information and DA amendments are received, the Authority will check the new information provided for sufficiency. During this check the Authority will:

• do an administrative check, like checking the documents can be opened
• check if documents meet the requirements, as per the minimum documentation requirements guidelines
• check if further public notification is required
• check if further entity referrals are required, and
• confirm if you've made any amendments to the application.

Note: If you make any amendments, you’ll need to submit a DA amendment.

If you haven't sent the correct information, you'll need to re-submit them to address the insufficiencies.

Further entity referrals and further public notification

Once you provide further information on a DA or if you amend your DA, it may go through further public notification and entity referrals. This helps entities, the community and other stakeholders comment on the changed application.

Further entity referrals

Your DA might need further entity advice if:

• you provide further information or
• you amend your application.

If these apply, the new information is referred to as the 'changed application'.

Changed applications will be sent to any entities that received the original application.

Changed applications won’t be sent to an entity if the authority is satisfied the change doesn't impact the part of the application they made comments on. This also applies if the entity is unlikely to raise any issues about the changes.

Changed applications may also be sent to entities who didn't receive the original application. This is usually if the change impacts a matter the entity has an interest in, including in any advisory role they may hold.

If the Authority decides not to send a changed application to an entity that received the original application, the decision and reasons will be published on the Authority’s website.

Entities have 10 working days to respond to further entity referrals.

Further public notification

Further public notification may happen when:

• you provide more information for your DA or
• if you amend your application.

The new information will be is referred to as the 'changed application'.

If this happens, those who made a representation on the original DA will be notified in writing.

The changed application will be notified through the same methods again. This may include publishing it online, mailing letters, and placing extra signage on the site. Members of the public can then make more representations on the changed application.

Public notification of changed applications will occur over 20 working days for significant developments and 15 working days for non-significant developments.

The Authority may waive a full public notification process for a changed application. This is only if the Authority agrees that there will be no, or minimal, increase in the:

• adverse impact of the development or
• environmental impact of the development.

To decide this, the Authority will consider:

• any representations received during the public notification period of the original DA and
• the cumulative impacts of the proposed changes.

If the Authority decides not to publicly notify a changed application, they’ll publish the decision and reasons on the Authority’s website.

Timeframe

Authority Implications on DA timeframes include:

• further information requested: pauses the DA timeframe from the date of the request
• further information provided: recommences the DA timeframe when it is received
• further information not provided within 18 months: the DA is withdrawn
• if you amend your DA: restarts the DA timeframe.

Publication

The changed application will be published on the Authority's website. This happens even if the information needs further public notification or entity referrals.

Further public notification will start when the information passes the sufficiency check. During this time, stakeholders can view the information and make more comments.

The DA assessment will continue when the Authority has enough information, where further public notification and entity referrals will commence.

You can respond to pre-decision advice by:

• requesting that EPSDD decides on your current application or
• amending the DA.

Remember, the pre-decision advice usually tells you if you haven't met the requirements of the Territory Plan. If you ask EPSDD to decide on your current application, it will likely be refused.

Pre-decision advice will be published on the Planning website.

If EPSDD decides on your current DA, it will not be subject to public notification. The decision will include the pre-decision advice given.

If you amend your DA, it may go through further public notification.

The implications on timeframes include:

• pre-decision advice given: pauses the DA timeframe
• request for a decision on current DA: recommences the DA timeframe and
• amend or appeal a DA.