How do I read the conditions on my Development Approval?
Read the Notice of Decision together with the stamped approved plans, starting with Part A.
For each condition, check what you need to do, when it needs to be done, and who needs to approve or endorse it. For example, a condition might require amended drawings to be submitted to the Territory Planning Authority before work starts, or require a particular stage of construction to be completed to the satisfaction of a referral entity.
A useful way to read the conditions is to sort them by timing:
- Before the DA takes effect – these must be satisfied before the approval becomes operative.
- Before construction or a stage starts – these must be completed before the specified work begins.
- During construction – these requirements must be followed while the development is being built.
- After construction – these may require landscaping, documentation or other works to be completed later.
Also check whether a condition requires ACT Planning or another entity to endorse something. Simply completing the work may not be enough if formal endorsement is required.
Reference: ACT Planning – Notice of Decision ? What is the Structure of a Notice of Decision? – https://www.planning.act.gov.au/applications-and-assessments/development-applications/browse-das/notice-of-decision
Short Answer
Start with Part A – Conditions of Approval in your Notice of Decision.
This section sets out the conditions that apply to the approved development, including any requirements that must be satisfied before the approval takes effect, before construction, during construction, or after construction.
Detailed Explanation
The Notice of Decision (NoD) is the key document for understanding the conditions applying to a Development Approval. ACT Planning explains that a typical NoD is structured into:
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Part A – Conditions of Approval: commencement and completion timeframes, Territory Plan-related conditions, leasing requirements, conditions arising from referral entity or public comments, and other conditions.
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Part B – Reasons for the Decision: explains why the proposal was approved or conditionally approved and the relevant planning assessment considerations.
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Part C – Public Notification and Entity Advice: records notification, representations and relevant entity advice.
When reading Part A, the wording of each individual condition is important because conditions can operate at different stages. ACT Planning confirms that conditions may require matters to be completed before construction, during construction or after construction, and some must be satisfied before the approval takes effect or before approved plans are released.
Conditions may also require a plan, drawing or other document to be amended and submitted to the Territory Planning Authority for endorsement. Where endorsement by another entity is required, the Notice of Decision will generally identify the relevant party.
The stamped plans should also be read together with the Notice of Decision, because they identify the version of the development that received approval, while the conditions may require particular changes to those plans.
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