There have been some changes to many of the assessment and approvals processes.
The key changes to development applications and what is needed in the new system is outlined below.
There are fact sheets available on the resources page.
You can use our dedicated hotline for questions about the new planning system: 02 6205 0580.
You can also email your questions to NewPlanningSystem@act.gov.au.
Development Applications
The key considerations that need to be made during the Development Application (DA) process are outlined on the Development Applications page. They are also outlined in the new Planning Act 2023. These include:
- the suitability of the proposed development in the context of the site and the site surrounds
- the probable impact of the proposed development, including environmental impacts.
- whether it achieves an appropriate transition between the zones (if the site of the proposed development adjoins another zone)
- the interaction of the proposed development with any other adjoining or adjacent development proposals.
When assessing a DA, the Territory Planning Authority will also consider the proposal against:
- the Territory Plan and any of its relevant policies
- submissions from the public notification period
- advice received from entities.
- National Capital Design Review Panel (NCDRP) advice and the proponent’s response (if this was required).
Lodging a DA in the new planning system
There are a range of documents that need to be provided when preparing and lodging a DA in the new planning system. What is required is dependant on many variables, including the type of development bring proposed and its location.
Minimum DA Documentation Guidelines provide guidance on these requirements.
Among the documentation requirements for DAs are:
- a completed Development Outcomes Report (and Design Response, if applicable)
- a Letter of Authorisation
- if relevant, a Greenhouse Gas Emissions Statement.
Development Outcomes Report and Design Response
A Development Outcomes Report is required for all DAs. This report is required to address and respond to all relevant planning requirements, particularly policies in the Territory Plan.
A Design Response is required to outline how all applicable design guides have been considered and implemented in the design process.
Templates are available for Development Outcomes Reports and Design Responses. This covers all scenarios, including for when Other Policies in the Territory Plan and Design Guides are triggered.
For example, the Residential template [628.7 KB] will be relevant when the Residential Zones Policy is the only applicable Territory Plan Policy and design guide.
To access a relevant template, send a request to NewPlanningSystem@act.gov.au.
Design guides and Technical Planning Specifications
Design guides and Technical Planning Specifications are two new elements of the 2023 planning system.
For some developments design guides are required to be considered in full. If this is the case, a design response must be provided. You can find more information on when they are required on the design guides webpage.
A design response will be provided when a proponent lodges a DA.
For all developments, the design guides will be considered when responding to the assessment outcomes in the relevant Territory Plan Policies.
The Territory Plan also outlines that further assessment will not be required if:
- a proposed development complies with relevant provisions in the design guides and planning technical specifications
- the development comprehensively addresses its outcomes.
This provides some assurance as to what needs to be considered or incorporated into a development for approval.
Significant developments are a new concept in the 2023 planning system. A DA for a significant development will have some extra steps, including a two-stage public notification process.
Significant developments include:
No. These are strategic documents that will look at how Canberra can best grow over the coming decades. They do not have a direct role in the assessment of development applications.
Yes, consultation with the NCDRP is still required in particular situations. This includes:
- for developments five storeys or taller
- developments that intends to increase the floorspace of a shop by more than 2,000m2 in a residential, commercial, community facility or parks and recreation zone
- when required by the Minister (which may include where the Minister believes the proposal is likely to be of economic, social or environmental significance to the Territory)
- when voluntarily presented by the proponent.
In these situations, NCDRP advice must be sought prior to the lodgement of a DA. The advice and the applicant’s response is then required to be submitted with the DA when lodged.
You can find more information on the NCDRP web page.
An Environmental Impact Statements (EIS) is required when:
- the development is listed in Schedule 1 of the Planning (General) Regulation 2023
- the Minister declares an EIS is required (where the Minister is satisfied that there is a risk of significant adverse environmental impact)
- where a proposal is to be assessed and/or approved under an agreement between the Australian Government and the ACT Government.
An EIS is required to be finalised prior to the lodgement of a DA. The final EIS is then required to be submitted with the DA.
Environmental significance opinions (ESO) can also still be given for projects that may have a non-significant environmental impact.
EIS exemptions have been removed from the planning system.
Yes. However, a DA can only be lodged concurrently with a major plan amendment (i.e. to the Territory Plan) and for allowable encroachments on adjoining unleased Territory land.
A DA can no longer be submitted concurrently with an environmental impact assessment.
The public notification process is not exactly the same for all applications. However, it typically includes:
- notifying on the Authority’s website
- notifying on the DA Finder+ App
- mailing letters to neighbours
- placing signage on the development site.
There are some circumstances where some notification elements may be exempt or broader consultation will be conducted.
Notification for a DA for a significant development includes a two-stage public notification process. The first being an initial 20 working day period, followed by a second 10 working day period.
For any other DA the public notification period is 15 working days.
A representation is a comment or objection made by a community member or stakeholder on a DA.
A representation is legally required to be considered by the Territory Planning Authority during the assessment process.
There is no mandatory requirement for the decision to be consistent with a representation, even when large volumes of representations are received on an application. However, a well thought out representation that raises relevant planning impacts is more likely to influence the assessment and decision-making process. For example, it may result in further information being requested, conditions being imposed as part of a decision or the nature of the decision changing completely.
DAs will continue to be lodged through eDevelopment, as they currently are.
EPSDD is currently undertaking work to replace eDevelopment with an improved, modern online system. Further updates will be released as the project progresses.
Applications lodged under the outgoing planning system that haven't been decided, or are actively being assessed, will continue to be assessed under the outgoing planning system.
There are some exceptions. DAs lodged under the outgoing planning system are only able to be made up to 6 months after the commencement of the new planning system.
Specific details around the transitional provisions are outlined in Chapter 20 of the Planning Act 2023.
Applications approved under the old planning system that haven’t been constructed will generally be considered to be approved. Time limits from the outgoing system apply to the commencement of all development approvals.
Should the time limit for a development approval lapse, a new application will need to be lodged and this would be assessed under the legal framework at the time of lodgement. An example of this is if the new application is received in 2024, it would be assessed under the new system.
Amendments to DAs approved under the outgoing planning system can be made through the outgoing system for the first 6 months of the new planning system commencing.
After 6 months have passed, all amendments to development approvals are to be made under the new planning system.
