How to prepare a statement against relevant criteria

Under the Planning and Development Act 2007 development applications must be accompanied by information that addresses the relevant rules and relevant criteria of the applicable Territory Plan Development Codes.

Merit track

If you lodge a proposal in the Merit track you have the option to comply with the rules or criteria, unless the rule is mandatory. Where it is proposed to meet the criteria, the onus is on you, the applicant, to demonstrate, by supporting plans and written documentation, that the proposed development satisfies the criteria and therefore the intent of the element.

Impact track

If you lodge a proposal in the Impact track you have the option to justify any non-compliance with the rules and the criteria, unless the rule is mandatory. Where it is proposed to not meet the rules and the criteria, the onus is on you, the applicant, to justify the non-compliance by demonstrating that the proposed development is consistent with the relevant principles of the Statement of Strategic Directions. Supporting plans and written documentation, providing consideration of the relevant intents of the Code and the Zone objectives, are to accompany the development application.

Below is an example of how a statement against the criteria can be prepared.

Note: This is to be used as a guide only. You only have to address the rules and criteria that are relevant to your application.

For reference purposes only

Extract from the Territory Plan: Multi Unit Housing Development Code.

6.4 Principal private open space



Each dwelling has at least one area of principal private open space that complies with all of the following:

  1. located on the site
  2. has minimum area and dimensions specified in table A9
  3. is screened from adjoining public streets and public open space
  4. is directly accessible from, and adjacent to, a habitable room other than a bedroom
  5. is not located to the south, south-east or south-west of the dwelling, unless it achieves one or more of the following:
    1. not less than 3 hours of direct sunlight onto 50% of the minimum required area between the hours of 9am and 3pm on the winter solstice (21 June)
    2. located at an upper floor level and overlooks a public street or public open space.


Principal private open space for each dwelling achieves all of the following:

  1. an area proportionate to the size of the dwelling
  2. an extension of the function of the dwelling for relaxation, dining, entertainment, recreation
  3. directly access from the dwelling
  4. service functions such as clothes drying and mechanical services
  5. reasonable privacy
  6. reasonable solar access.

Example only

Example of how to prepare a Statement Against Relevant Criteria to be lodged with Development Application.

Block <Insert block number> Section <Insert section number> Suburb <Insert suburb name>
Statement Against Relevant Criteria

ELEMENT 6.4 Principal private open space

Rule R61: Not met

Reason: Principal private open space does not meet the minimum area specified in Table A9

Criteria C61: The proposed development satisfies this criteria because <Insert reason> (evidence to be provided by applicant as to how the development proposal satisfies the criteria).

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