If there are changes to the plans approved in your original DA, you may need to amend your development approval.
In some situations, you may be able to request a decision be reconsidered or reviewed.
Amend your approval
DAs that don't need amendments
Some changes may not need an application to amend development approval. These include:
- some horizontal and vertical siting tolerances for buildings and structures, if they meet the criteria in schedule 2 of the Planning (Exempt Development) Regulation 2023.
- if the change wouldn't need DA approval if it was made after the development is completed. This doesn't apply if the change:
- increases the number of dwellings on the block to 2 or more
- results in more than 2 exempt Class 10 buildings or structures in a boundary clearance area or
- results in more than one compliant single dwelling on the block.
Apply to amend a DA
Most of the time, the person who receives approval will apply to Environment, Planning and Sustainable Development Directorate (EPSDD) to amend the DA. This also applies if another entity made the decision, like the ACT Civil and Administrative Tribunal (ACAT). However, if you need to change an essential design element included by another entity, that entity will decide the amendment application.
Amendments to DAs are made through eDevelopment. Here applicants can upload plans and documentation, lodge additional information and amendments and see the status of their application at any time. Read more about how to get started with eDevelopment.
Information to submit
You must give the Authority enough information in an amendment application to assess and determine the proposal. This includes clearly indicating which parts of the development you are proposing to change on the plans, drawings and documents.
Make sure you meet all the minimum documentation requirements.
Costs for amendments
If you're requesting an amendment not in response to the Authority's recommendations or ACAT's advice, you'll need to pay a fee.
Fees for amendments are generally based on the amount of changes proposed. Other variables may impact the fee, like if the application needs public notification.
The process
An application to amend DA approval includes:
- a completeness check and payment of fees
- public notification, if required
- entity referral, if required
- the full 6-stage assessment and decision-making process
- could be changed through the provision of further information or amendments provided
- could be subject to pre-decision advice, and
- notice of decision.
The key difference between a normal DA and an amendment application is that sometimes, public notification and entity referrals may be waived.
The remaining steps in the process are all the same as a normal DA.
Considering amendments applications
The Authority will consider the amendment as though development is complete. They'll only assess the changes (not the entire development again).
Public notification
Public notification of amendment applications will occur over 20 working days for significant developments or 15 working days for non-significant developments.
There are some instances where your DA amendment may not need public notification. This is usually when the Authority agrees that:
- the amendment won't involve any changes inconsistent with an essential design element, and
- the amendment won't minimally increase:
- the adverse impact of the development (other than on the applicant), and
- the environmental impact of the development.
The Authority will generally publish their decision and reasons not to do a public notification on the DA amendment on their website.
Entity referrals
Entity referral of amendment applications will occur over 20 working days for significant developments or 15 working days for non-significant developments.
Sometimes, a DA amendment may not need entity referrals. This is usually when the Authority agrees that the DA amendment application:
- doesn't affect any part of the DA with the entity's advice or
- doesn't contain matters which the entity would usually be expected to comment on.
The Authority will usually think about:
- the nature of the entity's original advice
- the proposed changes and
- the focus of each entity's advice – based on their regulatory and advisory responsibilities.
Timeframes
There is no statutory timeframe to decide on an application to amend a DA. However, this is guided by the Legislation Act 2001 which states that decision-makers must make their decision as soon as possible.
The following factors affect the timeframe to decide on DA amendments:
- entity referrals
- public notification and
- the general quality of the application.
If the Authority needs clarification or more information, there will usually be a delay to decide on the amendment to DA approval.
Decisions
Applications to amend DA approval can be approved, conditionally approved or refused. The notice of decision will include all reasons for the decisions, any conditions of approval and other details.
Publication
Applications to amend DA approvals are published on the Planning website, including:
- any information in the application, including plans and documentation even if the application requires formal public notification
- if the Authority decides not to publicly notify an amendment application, including all associated reasons
- if the Authority decides not to refer an amendment application, the decision and associated reasons
- entity advice where applicable
- representations where applicable
- the notice of decision and
- approved plans, where applicable.
Reconsider or review a decision
If an applicant or representor isn't satisfied with a DA decision, there are ways to seek a review.
Request a reconsideration
If an applicant is not satisfied with the DA decision or the decision on an application to amend a DA, you can apply for reconsideration. This includes if it’s conditionally approved, partially approved or refused. However, you‘ll need to be sure that no other application for reconsideration or review in the ACAT has previously been made.
You must lodge a reconsideration application within 20 working days of the decision. The Authority will then need to review its original decision.
Please note, only an applicant can apply for reconsideration.
ACT Civil and Administrative Tribunal (ACAT) Appeals
In some cases, the applicant or a representors can apply to the ACAT to review an amendment decision. You must do this within 20 working days of receiving the decision.
Reasons for an ACAT appeal vary. Generally, some examples of decisions that can be reviewed include:
- DA applicants:
- a decision to conditionally approved a DA, including the relevant conditions
- a decision to refuse a DA, including a reconsideration or application to amend approval
- a decision to refuse to endorse a plan or document in response to a condition of approval, or
- a decision to revoke development approval.
- Representors (or someone who had a reasonable excuse not to make a representation):
- a decision to approve or conditionally approve a DA, including a reconsideration or application to amend approval, where it may cause them to suffer material detriment
- a decision to refuse a DA, including a reconsideration or application to amend approval, or
- a decision to revoke development approval.
It's recommended that all parties review Schedule 6 of the Planning Act 2023 to determine whether the decision in a particular situation is reviewable in the ACAT.
Applications for ACAT appeal are made directly to ACAT.
