Can ACT Planning require changes even if the plans meet the Technical Specifications?
Yes. Even if your plans meet all the relevant Technical Specifications, ACT Planning may still identify aspects of the proposal that need to change.
The Technical Specifications cover measurable matters such as setbacks, building height, building separation, parking and tree canopy. However, they are supporting benchmarks rather than a guarantee that the overall development is acceptable. ACT Planning expressly states that the Technical Specifications are not rules and compliance is not mandatory, and meeting all relevant specifications does not guarantee DA approval.
For example, a dual occupancy might meet the numerical requirements for height and setbacks, but ACT Planning could still identify an issue with how the development responds to its site, adjoining development or another relevant Assessment Outcome.
If ACT Planning considers that the proposal does not meet the Territory Plan requirements and is heading towards refusal, it may provide pre-decision advice identifying the issues and recommending changes.
Reference: Advisory Note 06 – Planning Technical Specifications : Planning Technical Specifications
Short Answer
Yes, potentially. Meeting the Planning Technical Specifications does not automatically guarantee DA approval. The Technical Specifications provide benchmarks for addressing technical matters, but ACT Planning must still assess the proposal against the relevant Assessment Outcomes, mandatory Assessment Requirements and other applicable planning considerations.
Detailed Explanation
Planning Technical Specifications support the Territory Plan by providing possible solutions and measurable benchmarks for addressing Assessment Outcomes. The actual Assessment Outcomes and Assessment Requirements are contained in the relevant Territory Plan policies, rather than in the Technical Specifications themselves.
Advisory Note 06 – Planning Technical Specifications is particularly clear on their weight. It states that Technical Specifications are not “deemed-to-satisfy” provisions, meaning that adopting all relevant specifications does not guarantee approval of a DA.
During DA assessment, the Territory Planning Authority also considers:
- Relevant Assessment Outcomes and mandatory Assessment Requirements.
- The suitability of the development in the context of the site and surrounds.
- Probable impacts of the development.
- Interaction with adjacent development.
- Relevant Design Guides.
- Entity advice, public representations and other applicable statutory considerations.
Accordingly, compliance with the Technical Specifications provides strong technical support for a proposal, but it does not prevent ACT Planning from identifying other planning issues or seeking design changes where the overall proposal does not satisfy the applicable Territory Plan requirements and Assessment Outcomes.
No minimum block size does not remove the need for planning assessment.
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