Can a condition of Development Approval be changed?
Yes. A DA condition can potentially be changed, but it needs to go through the appropriate ACT Planning process.
If you want to change the approved development in a way that affects a condition, you may need to lodge an application to amend the Development Approval. ACT Planning will assess the proposed amendment and can approve it, approve it with conditions, or refuse it.
If you have just received the DA decision and disagree with a condition that ACT Planning imposed, you may instead be able to seek reconsideration or ACAT review, subject to the applicable review rights and timeframes.
Until a condition is formally changed through the appropriate process, the existing condition in the Notice of Decision continues to apply.
Reference: ACT Planning, Amend or Appeal an application – https://www.planning.act.gov.au/applications-and-assessments/development-applications/amend-or-appeal-an-application
Short Answer
Yes, but a condition of Development Approval cannot simply be ignored or changed informally. Depending on what is being changed, the approval-holder may need to apply to amend the Development Approval, or may seek reconsideration/review of the decision if they disagree with a condition imposed in the original decision.
Detailed Explanation
The Planning Act 2023, Part 7.6, Division 7.6.4 – Correction and amendment of development approvals provides the statutory process for amendments to an existing Development Approval. In particular, section 205 – Applications to amend development approvals allows an approval-holder to apply to amend an approval where the development proposal has changed and is no longer covered by the existing approval, unless the change falls within an exception where amendment is not required.
ACT Planning's Amend or appeal an application guidance confirms that an amendment application is assessed through the DA process and may involve public notification and entity referral where required. The resulting amendment may be approved, conditionally approved or refused.
Where the issue is that the applicant disagrees with a condition imposed in the original DA decision, the applicant may also have rights to seek reconsideration or ACAT review. ACT Planning specifically identifies a decision to conditionally approve a DA, including the relevant conditions, as potentially reviewable.
No minimum block size does not remove the need for planning assessment.
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