A merit track development application is assessed against the rules or criteria in the applicable Assessment Code of the Territory Plan

Examples are:

• development in a residential zone;
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• indoor recreation facility in a commercial zone;
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• apartment in a commercial zone; and
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• multi-unit residential in a residential zone.

This is not a complete list of all possible merit track developments.

Development assessment process

The following diagram outlines the development assessment process for merit track development applications.

Entity referrals

Entity advice may be supplied with the development application at the time it is lodged, or plans or other information as required by the entity may be submitted with the development application for us to refer to the entity.

If entity advice is provided in writing at the time the development application is lodged:

• it must have been given less than six months  before the lodgement date; and
• the application does not need to be referred if we are satisfied that the applicant has adequately consulted with the entity.

Public notification

Merit  track development applications must be publicly notified. The Planning  and Development Act  Regulation determines whether a development application undergoes major or minor notification.

Further information requests

We  may ask an applicant for further information that is essential to assess a development application at any time. The request must:

• be in writing; and

• advise the applicant by when the information must be provided – 20 working days unless otherwise prescribed.

If we request further information within 10 working days from the lodgement date, the deadline for making a decision on the development application can be extended by the number of days it takes the applicant to provide the information.

What  is considered during assessment

The  following is a summary of what a decision-maker must consider when assessing a  merit track development application:

• the relevant Code of the Territory Plan;

• objectives for the zone;

• suitability of the land for the development;

• all representations;

• entity advice;

• a plan of management for any public land; and

• probable impact of the development, including environmental impact.

When a merit track cannot be approved

A merit track development application must not be approved if the proposal is inconsistent with:

• the relevant Code of the Territory Plan;

• any land management agreement for the land, if it is in a rural lease;

• the related advice of the Conservator of Flora  and Fauna, if the proposal will affect a registered tree or declared site; or

• any advice given by an entity, unless the decision-maker is satisfied that any applicable guidelines and any realistic alternative to the proposed development has been considered and the decision is consistent with the objects of the Territory Plan.

Assessment timeframes

The statutory time period for making a decision on a merit track development application is:

• 30 working days after the lodgement date if no representations are made; or

• 45 working days after the lodgement date if representations are made.

A development application is not considered lodged until full payment of fees is made.