Can I withdraw and relodge my DA if major changes are needed?
Yes. You can withdraw a Development Application at any time before ACT Planning decides it. If major design changes are needed, withdrawing and lodging a new DA may be necessary where the revised proposal is too different from the original application. Under the Planning Act 2023, an applicant may withdraw a DA at any time before it is decided.
Before withdrawing, you may be able to amend the existing DA instead. However, ACT Planning will only accept an amendment where the amended development is substantially the same as the original proposal and satisfies the other amendment requirements. If the changes are not substantially the same, ACT Planning states that a new DA is required for the amended proposal.
Reference: Planning Act 2023 – section 183, Withdrawal of development applications – https://www.legislation.act.gov.au/View/a/2023-18/current/html/2023-18.html
Short Answer
Yes. You can withdraw your DA before it is decided and lodge a new application. However, if the changes are still substantially the same as the original proposal, you may be able to amend the existing DA instead. Major changes that make the proposal substantially different generally require a new DA.
Detailed Explanation
Yes. Section 183 of the Planning Act 2023 permits an applicant to withdraw a Development Application at any time before the application is decided under s 185.
Alternatively, an active DA may be amended under the applicable amendment process. ACT Planning states that an amendment will only be accepted where, among other requirements, the amended development remains substantially the same as the development originally applied for. Where the proposed changes are not substantially the same, the existing DA cannot be amended to incorporate those changes and a new DA is required for the revised proposal.
No minimum block size does not remove the need for planning assessment.
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