What happens if my proposal does not meet all the planning requirements?
If your proposal does not meet all the planning requirements, it does not automatically mean it will be refused. You may need to lodge a Development Application (DA) and show how the proposal achieves the required planning outcomes.
However, some requirements are mandatory and must be met. The planning authority may approve the proposal, approve it with conditions or require changes to the design. If the proposal cannot satisfy the applicable requirements and planning outcomes, it may be refused.
Reference: ACT The Territory Plan – https://www.planning.act.gov.au/professionals/our-planning-system/the-territory-plan?utm_source
Short Answer
If your proposal does not meet all the planning requirements, you may need to lodge a Development Application (DA) and justify the proposal against the Territory Plan. Some requirements are flexible and outcome-based, while mandatory assessment requirements must be met.
Detailed Explanation
If a proposal does not meet all applicable ACT planning requirements, it does not necessarily mean the development will be refused. Under the Planning Act 2023 and Territory Plan, a Development Application (DA) is assessed against the relevant statutory requirements, Territory Plan policies, assessment outcomes and assessment requirements.
However, assessment requirements are mandatory development controls and must be addressed where applicable. The Territory Planning Authority may also consider the proposal's overall planning outcomes, site context, impacts on surrounding development and relevant design guidance.
Following assessment, a DA may be approved, approved subject to conditions, or refused. Conditions may require plans or other documents to be amended to ensure the development is consistent with the Territory Plan.
No minimum block size does not remove the need for planning assessment.
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