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