Appeal a DA decision - Build, buy or renovate

Total Fire Ban

ACT Emergency Services Commissioner Georgeina Whelan has declared a Total Fire Ban for the whole of the ACT under Section 114 of the Emergencies Act 2004 for the duration of Thursday 23 January 2020.

State of Alert: rural and remote areas in south and west of the ACT

A State of Alert is in place for rural and remote areas in the south and the west of the ACT. Information on what this means, what you need to do, support available and government service changes can be found on the Emergency Services Agency website.

In some situations, you can request for a development approval decision to be:

reconsidered
reviewed

Reconsideration

You can apply for reconsideration if a:

code track DA is approved subject to conditions
merit or impact track DA or amendment is decided on, including refusal

You cannot apply if:

a code track development has been refused

Lodge a reconsideration form within 20 working days of being told about the decision and pay the fees.

We’ll review a reconsideration in 20 working days, unless the timeframe is extended by agreement between the planning and land authority and the applicant.

You can also ask the ACT Civil and Administrative Appeals Tribunal (ACAT) to review the decision if you are dissatisfied with the reconsidered decision. Note, we are unable to accept a reconsideration application once an appeal is lodged with ACAT.

ACAT appeals

You can lodge an application to review the decision with ACAT within 20 working days of being told about the decision.

You can appeal if:

code track DA is approved subject to conditions
merit or impact track DA has been approved subject to conditions, or refused, if the proposal:
- is subject to a rule and does not comply with the rule
- has no rule applied

You cannot apply if:

a code track development has been refused

Who can ask for a decision to be reviewed and who can appeal a decision is set out in Schedule 1 of the Planning and Development Act 2007.

Review by third parties

ACAT reviews by third parties:

are not available for applications that went through minor public notification
are available for those merit or impact track development applications that went through the major notification process, unless exempt by regulation

Third party applicants must:

lodge an application for review no later than 20 working days after the reviewable decision was made (Planning and Development Act timeframe) and within 28 calendar days after the decision was made (ACAT Act)
establish that the DA decision is reviewable
establish that they made a representation on the DA during the public notification period or have a reasonable reason for not doing so
establish that they could suffer material detriment if the development approval were to be granted

Material detriment means the development would adversely affect the person's use or enjoyment of their land. Increased business competition is not considered to be material detriment.

More information about appealing a decision in the ACAT is contained in a notice of decision, which is sent to all parties who made representations about a development.

Find out more at www.acat.act.gov.au.