Can landscaping be changed after DA approval?
“Minor landscaping changes may be possible without amending the DA, but you should first check the approved plans and DA conditions.
ACT Planning states that a DA may not need amendment where the proposed change would not need DA approval if it were made after the development was completed, subject to the specified exceptions.
Landscape gardening on residential land can generally be DA-exempt where it meets the requirements of the Planning (Exempt Development) Regulation 2023. However, the Regulation specifically provides that where landscaping is subject to a condition of a Development Approval, the condition must be complied with.
So, changing the type or arrangement of landscaping may not require a DA amendment where the change remains exempt, but you should not remove or alter landscaping that is specifically required by the DA without first determining whether the approval needs to be amended.
Reference: Planning (Exempt Development) Regulation 2023 (current R3), Schedule 1, s 1.138 – Landscape gardening
Short Answer
Yes, landscaping can be changed after DA approval in some circumstances. If the landscaping change would itself be DA-exempt if carried out after the development was completed, an amendment to the DA may not be required. However, if the landscaping is required by a condition of the Development Approval, that condition must still be complied with.
Detailed Explanation
ACT Planning's Amend or appeal an application ? DAs that don't need amendments provides that some changes to an approved development do not require an amendment application. One of these is where the change would not require DA approval if it were made after the development was completed, subject to the exceptions listed on that page.
For landscaping, Planning (Exempt Development) Regulation 2023, Schedule 1, s 1.138 – Landscape gardening provides an exemption for qualifying landscape gardening. Importantly, s 1.138 specifically requires that if the landscape gardening is subject to a condition in a Development Approval, that condition has been complied with.
Therefore, landscaping shown on approved plans is not automatically fixed against every minor change, but whether an amendment is required depends on the nature of the change. If the change would be DA-exempt after completion and does not conflict with a DA condition, an amendment may not be necessary. If it changes landscaping specifically required by a condition, or otherwise results in development no longer covered by the existing approval, the DA may need to be amended.
No minimum block size does not remove the need for planning assessment.
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