How much can the design change after DA approval?
The design can change after DA approval, but only to the extent that the change remains covered by the approval or falls within one of the situations where a DA amendment is not required.
There is no general rule such as “the design can change by 5% or 10%.” Whether an amendment is needed depends on what is being changed and how that change affects the approved development.
A change specifically required by a condition of the DA is already covered by the approval and does not require an amendment application under this provision.
Reference: ACT Planning 2023 (2023-18), Division 7.6.4 – Correction and amendment of development approvals – Planning Act 2023 | HTML view
Short Answer
There is no single percentage or fixed amount that an approved design can change after DA approval. Minor changes may be possible without amending the DA in limited circumstances, but if the changed design is no longer covered by the existing Development Approval, an application to amend the DA is generally required.
Detailed Explanation
The Planning Act 2023, Division 7.6.4 – Correction and amendment of development approvals governs changes to an approved development.
Under section 205, an amendment application is required where:
- the development proposal changes and is no longer covered by the Development Approval; and
- section 209 – When development approvals do not require amendment does not apply to the changed proposal.
Section 205 also expressly notes that where the development proposal changes in accordance with a condition of the Development Approval, that change remains covered by the approval and an amendment under s 205 is not required.
Therefore, the ACT planning legislation does not establish a general numerical tolerance for design changes after DA approval. The key question is whether the changed development remains covered by the existing approval or falls within the circumstances in s 209 where an amendment is not required. Otherwise, an amendment to the Development Approval should be obtained.
No minimum block size does not remove the need for planning assessment.
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