Can an entity referral delay the DA?
Yes, an entity referral can affect how long a DA takes, but a late response from the entity itself should not hold up the decision indefinitely.
Entity referrals occur at the same time as public notification and DA assessment, so the initial referral does not necessarily add 15 working days on top of the normal assessment period.
Delays are more likely where the entity identifies an issue and asks for further information, or where the proposal is changed and needs to be referred back to the entity.
For example, if an entity reviewing a residential DA needs additional information about infrastructure impacts, ACT Planning may request that information from the applicant. A further information request pauses the DA decision timeframe, and the changed application may then require another entity referral.
Referral: ACT Planning, After you apply – https://www.planning.act.gov.au/applications-and-assessments/development-applications/after-you-apply
Short Answer
An entity referral can add time to the DA assessment process, particularly if the entity requests further information or the application needs to be amended and referred again. However, an entity simply failing to respond within its required timeframe should not delay the DA decision.
For a standard DA, referral entities generally have 15 working days to provide advice. A further referral following additional information or amendments generally has a 10-working-day response period.
Detailed Explanation
ACT Planning's After you apply – Entity advice guidance states that entity referrals occur concurrently with public notification and DA assessment. The prescribed response periods are:
- Standard development DA: 15 working days.
- Significant development – Stage 1: 20 working days.
- Significant development – Stage 2: 10 working days.
- Further entity referral: 10 working days.
Importantly, ACT Planning expressly states that advice not provided within the required timeframe will not delay the decision-making process. Late advice carries less weight, and if an entity does not respond, the Authority may still decide the DA.
However, entity advice can indirectly extend the process where it results in a request for further information, amendment to the DA or further entity referral. A request for further information pauses the statutory DA timeframe, while an amendment to the DA restarts the timeframe.
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