The ACT’s new planning system commenced on 31 March 2008. Transitional arrangements are in place for a number of matters, including development applications and appeals. Where reference is made on this page to the previous Act, this means the Land (Planning and Environment) Act 1991.

DAs awaiting approval

The previous Act – including the Territory Plan 2002 applies to all development applications:

• lodged prior to March 31, 2008; and
• where a decision had not been made by us prior to March 31, 2008.

If the development application is approved, it will be done so under the previous Act.

Approved DAs

The previous Act applies to all development applications approved prior to March 31, 2008. Where an approval has been granted:

• it continues until the time it would have ended under the previous Act; and 

• any applications for extension must be made and assessed under the new Act (s184)

Where an extension had been granted but not started, it will end on the date to which it was extended.

Alterations to DAs

If after 31 March 2008 a person wants to apply to alter their development application that was lodged under section 226 of the previous Act, the application shall be made under section 226(7) of the previous Act. The development application shall be determined under the previous Act.

Submission of more information for DAs

If after March 31 2008 a person wants to submit more information for their development application that was lodged under section 226 of the previous Act (providing additional information to a current application which is in response to a written request from the ACT Planning and Land Authority), the application shall be made under section 233 of the previous Act. The development application shall be determined under the previous Act.

Application to satisfy conditions of an approval

If before 31 March 2008 a person submitted plans in response to conditions of approval imposed in accordance with section 245 of the previous Act, and the decision is to be made after 31 March 2008, the application shall be determined under the previous Act.

If after 31 March 2008 a person submits plans in response to conditions of approval imposed in accordance with section 245 of the previous Act (DA determined before or after 31 March 2008), the application shall be assessed as though the condition had been imposed under section 165 of the new Act.

Amendments to approvals

If before 31 March 2008 a person applied to amend their approval under section 247 of the previous Act and the decision is to be made post 31 March 2008, the application shall be determined under the previous Act.

If after 31 March 2008 a person wants to apply to amend their development approval that was granted under the previous Act (pre or post 31 March 2008), the application shall be made under section 197 of the new Act - the Planning and Development Act 2007. The application will be taken to relate to a proposal in the merit track.

Reconsideration of decisions

Reconsideration applications lodged pre and post 31 March 2008 for development applications determined under the previous Act (pre or post 31 March 2008) shall be lodged and determined under the previous Act.

Appeals

The previous Act applies to all appeals to the Administrative Appeal Tribunal for review of decision made under the repealed Act and where the application for review had not been decided by the AAT. The previous Act will be applied when deciding the outcome of the appeal.

Lease and development conditions

When we assess a development application to which lease and developments conditions apply, the application must be considered against the requirements of the lease and development conditions where the Territory Plan requires it, in addition to any relevant code. This applies for five years, until March 20, 2013.

For further information

For further information about the transitional arrangements, refer to the Planning and Development Act 2007, Part 15.4.

For further information relating to matters under the Land (Planning and Environment) Act 1991, refer to the pre-March 31 web page.