What happens if a DA condition cannot be satisfied?
A DA condition cannot just be ignored because it is difficult or impossible to meet.
What happens depends on the condition and when it must be satisfied. For example, if the condition must be met before the DA takes effect, the approval will not take effect until that condition has been complied with. If it requires something before construction starts, that particular work should not commence until the condition has been satisfied.
If circumstances have changed and the approved development can no longer comply with a condition, you may need to change the proposal and apply to amend the Development Approval. ACT Planning can approve, conditionally approve or refuse an amendment application.
Reference: ACT Planning, After you Apply – https://www.planning.act.gov.au/applications-and-assessments/development-applications/after-you-apply
Short Answer
If a Development Approval condition cannot be satisfied, the development generally cannot simply proceed contrary to that condition. The approval-holder should contact the Territory Planning Authority to determine whether the proposal or approval needs to be amended, or whether another available review process is appropriate.
Detailed Explanation
DA conditions are set out in Part A of the Notice of Decision and form part of the Development Approval. The Notice of Decision identifies the conditions applying to the proposal, including conditions arising from Territory Plan requirements, leasing matters and referral entity advice.
ACT Planning confirms that conditions can operate at different stages — before the approval takes effect, before development starts, during construction or after construction. Where a condition requires something to happen before the approval takes effect, the DA will not take effect until that condition has been complied with.
If the development needs to change and the change is no longer covered by the existing approval, an amendment to the Development Approval may be required. ACT Planning's amendment process allows the Authority to reassess the changed proposal and issue a new decision on the amendment.
If the issue is disagreement with a condition imposed in the original decision, reconsideration or ACAT review may also be available, subject to the applicable review rights and time limits.
No minimum block size does not remove the need for planning assessment.
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