Can a proposal be approved if it does not meet a Technical Specification?
Not meeting a number or benchmark in the Technical Specifications does not automatically mean the DA will be refused.
The applicant can propose a different design solution and explain how it still achieves the planning outcome that the Technical Specification is intended to support.
Example: If a residential proposal does not achieve a particular dimensional benchmark in the Residential Zones Technical Specifications, the applicant may provide a design response explaining how the alternative arrangement still achieves the corresponding Assessment Outcome. ACT Planning will assess that response against the Territory Plan. However, if the provision being departed from is actually a mandatory Assessment Requirement in the Territory Plan, it must be met
Reference: Advisory Note 06 – Planning Technical Specifications – Planning Technical Specifications
Short Answer
Yes. A proposal can potentially be approved even if it does not meet a Technical Specification. Planning Technical Specifications are not mandatory rules; they provide possible solutions and technical benchmarks for demonstrating how a proposal may achieve the relevant Assessment Outcomes in the Territory Plan.
If a proposal departs from a Technical Specification, it must still demonstrate that it is consistent with the applicable Assessment Outcomes and meets any mandatory Assessment Requirements in the Territory Plan. Approval is therefore not guaranteed simply because an alternative design is proposed.
Detailed Explanation
ACT Planning's Advisory Note 06 – Planning Technical Specifications specifically states that planning technical specifications are “one possible approach, or a benchmark” for technical matters in preparing and assessing development proposals. It further explains that a proposal is assessed against the relevant policy outcomes and must be consistent with the Assessment Outcomes and Assessment Requirements in the applicable District and Zone Policies.
ACT Planning's current assessment guidance confirms that assessing officers consider the possible solutions and metrics in the Technical Specifications where applicable, while the Territory Plan's Assessment Outcomes are what the development proposal must demonstrate it is consistent with
No minimum block size does not remove the need for planning assessment.
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