Can an approved dual occupancy design be changed after Development Approval?
Yes. An approved dual occupancy design can be changed after Development Approval, but some changes will require an amendment to the DA.
Minor changes may not require a DA amendment if they fall within the permitted exemptions or tolerances. However, if the proposed change is no longer covered by the approved plans, an application to amend the Development Approval will generally be required.
The amended design will be assessed against the applicable planning requirements, and depending on the changes, further public notification or referrals may also be required.
Reference: ACT Government – Amend or Appeal an Application – Amend Your Approval. – https://www.planning.act.gov.au/applications-and-assessments/development-applications/amend-or-appeal-an-application
Short Answer
Yes. An approved dual occupancy design can be changed, but changes that are not covered by the existing approval will generally require a DA amendment. Some minor or exempt changes may not require an amendment.
Detailed Explanation
Yes. Where an approved dual occupancy proposal is changed so that it is no longer covered by the existing Development Approval, the approval-holder may apply to amend the Development Approval under the Planning Act 2023.
An amendment may not be required where the change falls within the circumstances prescribed for changes that do not require amendment, including certain permitted siting tolerances or DA-exempt changes.
Where an amendment is required, the Territory Planning Authority assesses the proposed changes, and further public notification or entity referral may be required depending on the nature of the amendment.
No minimum block size does not remove the need for planning assessment.
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