Can the driveway location be changed after DA approval?
A driveway can be relocated after DA approval, but you should not simply construct it in a different location from the approved plans.
ACT Planning states that where plans approved under the original DA are changed, the Development Approval may need to be amended. The proposed driveway relocation should therefore be checked to determine whether it remains covered by the existing approval or whether a DA amendment is required.
There is also a separate driveway approval process for the portion crossing the public verge. City Services specifically states that approval is required to change the location, dimensions or layout of an existing driveway.
So, even where a DA amendment is not required, separate TCCS/City Services approval may still be necessary for the relocated driveway crossing.
Reference:ACT Planning – Amend or appeal an application ? Amend your approval – https://www.planning.act.gov.au/applications-and-assessments/development-applications/amend-or-appeal-an-application
Short Answer
Yes, but changing the driveway location after DA approval may require an amendment to the Development Approval. It will also require TCCS/City Services approval where the change involves relocating the driveway or vehicle crossing across the road verge
Detailed Explanation
ACT Planning's Amend or appeal an application ? DAs that don't need amendments explains that some changes to an approved development can occur without amending the DA, including certain changes that would themselves be DA-exempt if undertaken after completion. Whether a particular driveway relocation qualifies must therefore be checked against the applicable exempt-development provisions and the existing approval.
Where the proposed driveway location is no longer covered by the approved plans and does not fall within the circumstances where an amendment is unnecessary, an application to amend the Development Approval is required. ACT Planning assesses only the proposed changes as part of that amendment process.
Separate from the DA process, MIS 07 – Driveways, s 2.2.1 – Existing kerb crossings or driveways states that requests by a lessee to relocate existing kerb crossings or driveways, or construct additional kerb crossings, require TCCS approval.
City Services likewise confirms that driveway approval is required to change the location, dimensions, layout or material of an existing driveway.
Therefore, a driveway relocation after DA approval should be considered as two separate approval questions: whether the DA itself needs amendment, and whether TCCS approval for the driveway/vehicle crossing is required.
No minimum block size does not remove the need for planning assessment.
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