Can ACT Planning require the design to be changed before approving it?
Yes. During assessment, ACT Planning can identify parts of a Development Application that do not meet the Territory Plan requirements and provide pre-decision advice recommending changes to the design. The applicant can then amend the DA or ask ACT Planning to decide the application as originally submitted; if the identified issues are not resolved, the application may be refused.
ACT Planning can also conditionally approve a DA and require changes to plans or drawings. Those amended documents may need to be submitted to the Authority for review and endorsement before development starts or before the approval takes effect.
Reference: ACT: After you apply – https://www.planning.act.gov.au/applications-and-assessments/development-applications/after-you-apply
Short Answer
Yes. ACT Planning can recommend design changes during assessment where a proposal does not meet Territory Plan requirements. You may amend the DA to address the issues, or proceed with the existing design and risk refusal. Changes may also be required as conditions of approval.
Detailed Explanation
Yes. Where a DA does not satisfy applicable Territory Plan requirements, the Territory Planning Authority may issue pre-decision advice identifying the non-compliant elements and recommending changes that would address those issues. The applicant may respond by amending the DA or requesting a decision on the application in its existing form.
The Authority may also grant conditional approval, including conditions requiring a plan, drawing or other document to be amended and subsequently endorsed by the Authority or relevant entity.
No minimum block size does not remove the need for planning assessment.
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