Are these specifications binding, or are they guidance?
They are a benchmark, not a hard rule. The primary assessment consideration is whether the proposal meets the assessment outcomes in the Territory Plan. Where a proposal complies with a relevant specification and comprehensively addresses the assessment outcome, no further assessment of those specific provisions is required. However, a proposal can depart from a specification if the applicant can demonstrate that the relevant assessment outcome is still achieved on its merits.
Reference: Territory Plan 2023, Part E01 – Residential Zones Policy- Territory Plan 2023 | Notifiable instruments
Short Answer
The Planning Technical Specifications are not absolute rules, but they are recognised benchmarks used to demonstrate compliance with the assessment outcomes. A development proposal does not have to strictly comply with a specification if it can demonstrate, on its merits, that the relevant assessment outcomes are still achieved.
Detailed Explanation
The Planning Technical Specifications are benchmarks rather than standalone mandatory requirements. The primary requirement is that a development proposal must demonstrate it meets the relevant assessment outcomes in the Territory Plan.
Where a proposal complies with the relevant planning technical specifications and comprehensively addresses the assessment outcomes, no further assessment of those specific matters is required. However, a proposal may depart from a specification if it can demonstrate that the relevant assessment outcome is still satisfied.
Therefore, the specifications provide a clear pathway for demonstrating compliance, but they do not replace the assessment outcomes. The assessment outcomes remain the key consideration when determining whether a development proposal is acceptable.
No minimum block size does not remove the need for planning assessment.
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