Does an existing unapproved structure affect my DA?
Yes, it can. An existing unapproved structure should be identified when preparing a dual-occupancy DA and may need to be addressed depending on whether it will be retained, altered or removed.
ACT Planning's DA documentation system specifically recognises a “Plan of Existing Unapproved Development” for identifying development undertaken without the required approval.
Any separate building-compliance issues associated with the unapproved structure may also need to be resolved through the appropriate process.
Reference: ACT Planning – Development Application Naming Conventions – https://www.planning.act.gov.au/applications-and-assessments/development-applications/browse-das/development-application-naming-conventions
Short Answer
Yes, it can. Existing unapproved structures should be identified in the DA and may need to be addressed, altered or removed, depending on the proposal and the approvals required.
Detailed Explanation
Existing development undertaken without the required approval may need to be identified and addressed as part of a subsequent Development Application. ACT Planning expressly provides for a Plan of Existing Unapproved Development within its DA documentation framework.
The appropriate treatment will depend on the nature of the existing development, the approvals originally required and whether the structure is proposed to be retained, altered or demolished. Any outstanding building-compliance or occupancy issues must be considered separately under the applicable provisions of the Building Act 2004.
No minimum block size does not remove the need for planning assessment.
Would you like to know what these rules mean for your property?
Get a Planning Assessment prepared by our experienced planning team.