What is the difference between what is permitted and what is likely to be approved?
A permitted development is something you are allowed to propose, while a development that is likely to be approved is one that also responds well to the planning requirements and circumstances of the particular site.
For example, dual occupancy may be an assessable development type on a particular residential block, but that does not mean any dual occupancy design will be approved. The actual proposal still needs to address matters such as applicable mandatory requirements, assessment outcomes, site suitability, surrounding development and potential impacts.
So there are really two separate questions:
Can this type of development be proposed here? ? Check whether the land use/development type is assessable rather than prohibited.
Is this particular design likely to receive approval? ? Assess the actual proposal against the applicable planning provisions and site circumstances.
Our planning team can assess both questions early, helping establish not only what you are permitted to propose, but whether the proposed design has a reasonable planning pathway.
Reference: ACT Planning – After you apply – https://www.planning.act.gov.au/applications-and-assessments/development-applications/after-you-apply
Short Answer
“Permitted” means the type of development is allowed to be considered on the land; it does not mean the Development Application will necessarily be approved. Whether it is likely to be approved depends on how the particular proposal performs against the applicable Territory Plan requirements and assessment outcomes, together with relevant site impacts and other statutory considerations.
Detailed Explanation
Being assessable, however, is not equivalent to satisfying the assessment.
During the Territory Plan and Statutory Assessment, the Territory Planning Authority considers the applicable:
- Assessment Outcomes – the outcomes the proposal is assessed against.
- Assessment Requirements – mandatory development controls that must be met.
- District and Zone Policies.
- Suitability of the proposal in the context of the site and surrounds.
- Probable impacts of the development.
- Interaction with adjacent development.
- Relevant entity advice, representations, Design Guides and applicable Planning Technical Specifications.
ACT Planning also requires the Development Outcomes Report to demonstrate how the proposal is consistent with the relevant Assessment Outcomes, rather than simply stating that it complies.
Example: The Residential Zones Policy may allow a particular residential development type to be assessed on a block. That establishes that the proposal is permitted to proceed through the DA assessment pathway. Whether the specific design is likely to be approved then depends on whether it satisfactorily addresses the applicable Assessment Outcomes, mandatory Assessment Requirements and other relevant assessment considerations.
Best reference: ACT Planning – After you apply ? DA assessment process and considerations ? Territory Plan and Statutory Assessment, particularly land use tables, Assessment Outcomes and Assessment Requirements
No minimum block size does not remove the need for planning assessment.
Would you like to know what these rules mean for your property?
Get a Planning Assessment prepared by our experienced planning team.