What can I do if my Development Application is refused?
If your Development Application (DA) is refused, you will receive a Notice of Decision explaining the reasons for the refusal.
As the applicant, you may be able to:
- request the Territory Planning Authority to reconsider its decision, generally within 20 working days; or
- apply to the ACT Civil and Administrative Tribunal (ACAT) for review, where the decision is reviewable.
You can also consider addressing the reasons for refusal and preparing a revised or new DA, where appropriate.
Reference: ACT Government – Amend or Appeal an Application – https://www.planning.act.gov.au/applications-and-assessments/development-applications/amend-or-appeal-an-application
Short Answer
If your DA is refused, you will receive the reasons for refusal. You may be able to request reconsideration within 20 working days or seek an ACAT review, where available.
Detailed Explanation
Where a Development Application is refused by the Territory Planning Authority, the applicant may apply for reconsideration of the original decision under the Planning Act 2023, provided the statutory eligibility requirements are satisfied.
A reconsideration application must generally be lodged within 20 working days after the applicant is notified of the original decision, unless the Authority allows a longer period. The application must state the grounds on which reconsideration is sought.
Alternatively, where the refusal is a reviewable decision, an application may be made to ACAT in accordance with Schedule 6 of the Planning Act 2023 and the applicable review requirements.
No minimum block size does not remove the need for planning assessment.
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