Can approved plans be corrected without lodging a new DA?
Yes. You do not necessarily need to lodge an entirely new DA just to correct approved plans.
If there is simply a formal error in the Development Approval, the Territory Planning Authority has the power to correct it.
If you want to make an actual change to the design shown on the approved plans, the process depends on the change. Some minor changes do not require an amendment, but where the changed proposal is no longer covered by the existing approval, you generally need to apply to amend the existing DA approval rather than lodge a completely new DA.
Plans may also be changed where this is specifically required by a condition of approval and then submitted to the Authority for endorsement.
Reference: Planning ACT 2023 (A2023-18), Division 7.6.3 Reconsideration of Decisions on Development Applications – Planning Act 2023 | HTML view
Short Answer
Yes, in some circumstances. A formal error in a Development Approval can be corrected by the Territory Planning Authority without lodging a new DA. If the proposed correction actually changes the approved development, however, an amendment to the existing Development Approval may be required.
Detailed Explanation
The Planning Act 2023, Division 7.6.4 – Correction and amendment of development approvals provides different pathways depending on the nature of the change.
Under section 203 – Correcting development approvals, the Territory Planning Authority may, on its own initiative or on application, correct a formal error in a development approval. If a correction is made, each approval-holder must be given written notice of the correction.
Where the issue is not merely a formal error but the development proposal itself has changed and is no longer covered by the existing approval, section 205 – Applications to amend development approvals provides for the approval-holder to apply to amend the existing Development Approval.
There are also circumstances where an amendment application is not required, including certain permitted siting tolerances and some changes that would themselves be DA-exempt if undertaken after completion, subject to the statutory exceptions.
Therefore, a correction or change to approved plans does not automatically require a new DA. Whether it can be treated as a formal correction, requires an amendment to the existing approval, or requires no amendment depends on the nature of the change.
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