Can a DA be approved subject to another authority’s requirements?
Yes. ACT Planning may approve your DA while requiring you to meet requirements from another relevant authority.
During assessment, a DA may be referred to entities such as Icon Water, Evoenergy, TCCS, the ACT Heritage Council or the Conservator of Flora and Fauna, depending on the development and site. These entities provide specialist advice within their areas of responsibility.
If an entity supports the proposal subject to particular requirements, those matters can be addressed through the DA decision. For example, the Notice of Decision may require certain plans to be changed or require part of the development to be undertaken to the satisfaction of a stated entity.
The Notice of Decision should therefore be checked carefully because Part A can include conditions arising from referral entity comments.
Reference: ACT Planning – After you apply ? Entity advice, and Possible outcomes – https://www.planning.act.gov.au/applications-and-assessments/development-applications/after-you-apply
Short Answer
Yes. A Development Application can be approved subject to requirements arising from another authority or referral entity. Those requirements may be incorporated as conditions of the Development Approval, or the approval may require another approval to be obtained before the DA takes effect.
Detailed Explanation
Under the ACT DA process, the Territory Planning Authority refers applications to relevant entities where referral is required. The entity provides advice on matters within its regulatory or advisory responsibility, and that advice is considered when the DA is assessed.
ACT Planning explains that a referral entity may support a proposal, support it subject to conditions, or not support it. On-time entity advice carries significant weight, although the Authority is not automatically required to include every condition suggested by an entity in its decision.
Where appropriate, the resulting Development Approval may contain conditions requiring:
- the development or a stage of development to be undertaken to the satisfaction of a stated entity or stakeholder;
- plans or documents to be amended and endorsed by the Authority and, where specified, a relevant entity; or
- another approval to be amended or given before the Development Approval takes effect.
ACT Planning also confirms that Part A – Conditions of Approval in the Notice of Decision can contain conditions relating to referral entity comments.
Therefore, yes—a DA can be conditionally approved with requirements arising from another authority, but the legally applicable requirements should be identified in the Notice of Decision and any separate approval process that remains necessary.
No minimum block size does not remove the need for planning assessment.
Would you like to know what these rules mean for your property?
Get a Planning Assessment prepared by our experienced planning team.