Possible outcomes

After the Territory Planning Authority (the Authority) assesses your development application (DA), they'll let you know their decision in a Notice of Decision. If approved, your DA might include an Essential Design Element, or you might receive a Conditional Approval.

Notice of Decision

A Notice of Decision is when the Authority tells you their decision on your DA.

The content of a Notice of Decision is heavily guided by legislation, and will include:

• site and location details
• the nature of the decision, whether it's :
  • approved
  • approved subject to conditions or
  • refused.
• reasons for the decision
• a summary of any entity advice received and any reasons for not following the advice if applicable
• if the decision was referred to the Commonwealth, and a summary of the Commonwealth's advice
• any conditions of approval
• information about when the approval takes effect, and
• any essential design elements.

The Authority may include a summary and response to issues raised in representations, but this is not a legal requirement.

If there is no specific representation or issue raised in a representation mentioned in the decision, it doesn't mean this wasn't considered during the assessment process. The Authority must consider all representations in the decision-making process.

Approved Plans

For all approved DAs, the plans will be stamped by the Authority to signify that version received development approval. Conditions in the notice of decision may require some plans to be amended prior to being approved.

Publication of notice

You will receive a notice of decision if you’re:

• the applicant
• a representor, or
• a referral entity in the application.

The Authority will also publish its decision and approved plans on its website for 5 years.

Essential design elements

During the assessment, a decision maker may decide that an aspect of your proposal is an essential design element.

An essential design element will be identified in the notice of decision and on an approved plan.

If you wish to amend your development after it's approved, and it changes an essential design element, the changes must be:

• submitted to the Authority for assessment and approval and
• subject to further public notification.

So any amendments to a development that change an essential design element won't be exempt from approval. In this case, the Authority can't waive public notification of the amendment application. This makes sure any changes to essential design elements go through a full assessment, review and approvals process.

When DA approval takes effect

DA approval doesn't always take effect immediately after the notice of decision.

The following factors may delay when DA approval takes effect, if:

• there are third party appeal rights through the ACT Civil and Administrative Tribunal (ACAT)
• the DA received representations
• the DA included a lease variation
• a condition of the approval must happen before approval takes effect
• the Authority receives a reconsideration application or
• the Authority receives an application for ACAT review.

The table below summarises when approval will usually take effect, noting these variables.

When DA approval expires

DA approval generally lasts for 5 years after the day the approval takes effect.

You may also apply to the Authority to extend the approval period. To do this:

• you must apply for an extension within 6 months after the end of the 5-year period
• you must have started and substantially progressed the development, and
• the development would be approved if it were subject to a DA on the day of the extension application.

Depending on appeal timeframes, the Authority may also extend the approval period if you make an appeal on a DA and if you need more time to complete the development.

The Authority may extend a DA approval period multiple times, but only for a cumulative period of up to 2 years.

Lease variations

Lease variation approvals have different approval timeframes due to more variables.

Lease variation approvals will end:

• if the lease is varied according to the approval
• after 2 years, starting the day after the approval takes effect
• if lease expires or is terminated
• if the Authority revokes the approval
• if the lease is subject to a condition that a charge be paid – 2 years after the charge is determined
• if the approval is appealed – 2 years, starting the day after the appeal ends or
• if a charge amount is appealed to the ACAT is about a charge amount – 2 years, starting on the day the application.

The Authority may also extend the DA approval (or part of the approval) for a lease variation for up to 2 years.

Use of land, building or structure

Using land, a building or structure doesn't need DA approval if it's for an authorised use, for example when authorised by a lease or license.

However, where the use of the land, building or structure is associated with other construction works that require development approval, the use will also require development approval – even if it’s a use that’s intended to continue.

For example, the lessee of a rural block might be seeking to subdivide their block, which is currently used for agricultural purposes, into several smaller blocks. The intention is for all subdivided blocks to also be used for agricultural purposes. In this instance, the lessee needs to seek development approval for the subdivision and to continue to use the smaller blocks for agricultural purposes.

Approvals to use land, or a building or structure on the land will end:

• at the end of the period mentioned in the approval
• if the lease is surrendered
• if lease is terminated
• if the Authority revokes approval
• if the lease expires or
• if the approval relates to use under a license or permit – when the license or permit ends.

Conditional approvals

If an approval decision includes any conditions, these will be outlined in the notice of decision.

Some conditions must be in some decisions. These include:

• conditions required by the Territory Plan
• if the DA is for a subdivision of a units plan – a condition that the units plan be cancelled
• if there is a conditional environmental significance opinion  (ESO) – the development must meet the conditions in the ESO, or
• if the DA relates to development on subleased land – this may include a condition that the sublessee develops unleased land in a certain way.

Conditions must not be:

• inconsistent with a condition in the Territory Plan, or
• inconsistent with the primary lease, if the DA relates to development on subleased land.

Common conditions

There's no limit to DA conditions. They may outline what needs to be done before, during or after construction.

You may need to meet conditions before approval takes effect, or before approved plans can be released.

The following conditions may be included in DA approval:

• you must prepare and submit a plan, drawing or other document for the Authority to endorse before you start development.
• you need to make a change to a plan, drawing, or other document as part of your for the Authority to endorse to form part of the application.
• the development, or a stage of development, must be undertaken to the satisfaction of a stated entity or stakeholder
• the development, or a stage of development, must be undertaken within a period stated in the approval
• the approval doesn't take effect unless another approval is amended or given
• a lease relating to the land is varied and the variation is registered with Land Titles, or
• certain things must be implemented to reduce harmful environmental impacts.

Conditions to change documents

You may need to change a plan, drawing or other document in response to a conditional DA approval. These conditions will usually be to make sure the development is consistent with the Territory Plan or entity advice.

Changes to a plan, drawing or document will usually need the Authority to review and endorse them. A relevant entity, or a combination of a few parties may also need to endorse them. These parties will usually be outlined in the notice of decision.

If a change required by a condition is minor in nature, the Authority may annotate it on the approved plan or document.

Public notification of conditional changes

Changes made to documents in response to conditions don't need further public notification.

Meeting these conditions of approval happens after the full assessment process, once the Authority conducts public notification was undertaken and considers representations.