Do all DA conditions need to be satisfied before construction starts?
No. You only need to satisfy the DA conditions by the particular time stated for each condition.
For example, your DA might contain:
- a condition requiring amended plans to be endorsed before construction starts;
- requirements that must be followed during construction; and
- landscaping or other works that must be completed after construction or before completion/occupation.
So receiving DA approval does not mean you can immediately start building. You need to read the Notice of Decision and identify which conditions must be completed first. ACT Planning specifically states that DA conditions can require things to be done before, during or after construction.
Reference: ACT Planning – After you apply ? DA assessment process and considerations – https://www.planning.act.gov.au/applications-and-assessments/development-applications/after-you-apply
Short Answer
No. Not all DA conditions necessarily need to be satisfied before construction starts. The Notice of Decision determines when each condition must be satisfied. Some conditions apply before the DA takes effect or before construction commences, while others apply during construction or after construction.
Any condition specifically requiring something to occur before construction or a particular stage of development starts must be satisfied before that work begins.
Detailed Explanation
ACT Planning's Conditional Approvals guidance expressly states that there is no fixed limit on the matters that may be conditioned and that conditions may require things to occur prior to construction commencing, during construction, or post-construction. Some conditions may also need to be satisfied before the development approval takes effect or before approved plans are released.
A condition may, for example, require a plan, drawing or other document to be prepared and submitted to the Territory Planning Authority for endorsement before the development, or a particular stage of it, commences.
In addition to satisfying any relevant pre-construction DA conditions, most building work requires Building Approval, and where applicable the builder must obtain a commencement notice before building work starts.
Therefore, not every DA condition must be discharged before construction begins; the timing stated for each individual condition controls when it must be satisfied.
No minimum block size does not remove the need for planning assessment.
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