Which planning rules apply if the requirements change after my DA is lodged?
If the planning requirements change after your DA is lodged, we need to check what kind of change occurred and whether it applies to applications already under assessment.
For example, if a draft major plan amendment is given interim effect, ACT Planning specifically states that its provisions apply to “current and future development applications”. This means an already-lodged DA can be affected while it is still being assessed.
If the draft amendment does not have interim effect, its proposed provisions do not apply to current or future DAs while it remains in draft form; the existing Territory Plan provisions continue to apply.
For other changes to the Territory Plan, the applicable provisions need to be checked against the commencement and transitional arrangements for that particular change rather than assuming that the rules are automatically locked in on the lodgement date.
Reference: ACT Planning – Major plan amendments – https://www.planning.act.gov.au/professionals/our-planning-system/the-territory-plan/major-plan-amendments
Short Answer
It depends on the type and timing of the change. Lodging a DA does not necessarily mean later Territory Plan changes can be ignored. In particular, a draft major plan amendment with interim effect applies to current as well as future DAs, alongside the current Territory Plan.
Detailed Explanation
The clearest current provision for a planning change occurring while a DA is under assessment relates to interim effect.
Under Planning Act 2023, section 64, a draft major plan amendment can be given interim effect. ACT Planning explains the consequence under Major plan amendments ? Interim effect: where interim effect applies, the draft provisions apply to current and future development applications alongside the current Territory Plan. Where the provisions conflict, the development must be consistent with both, which in practice means the more onerous provision applies.
Conversely, ACT Planning expressly states that where a draft major plan amendment does not have interim effect, its proposed provisions do not apply to current or future DAs.
There can also be specific transitional arrangements when the planning framework changes. For example, when the final Territory Plan commenced on 27 September 2024, ACT Planning specified that DAs submitted for completeness check on or before 26 September 2024 continued to be assessed using the interim Territory Plan and supporting documents. This demonstrates why the commencement and transitional provisions of the particular amendment need to be checked.
Example: If your DA has already been lodged and a draft major plan amendment affecting your site is subsequently given interim effect, the new draft provisions can apply while your DA is being assessed. If the draft amendment has no interim effect, the draft provisions themselves do not apply to your DA.
No minimum block size does not remove the need for planning assessment.
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