In accordance with rules 180 to 184 of the Family Court Rules 2021, a party who has filed an application or a response may seek to amend that document. Show
To rely on an Amended Application or Response, a party needs to:
Last updated: 7-Jul-2022 [ ] If there are changes to the plans in your development application (DA), you may need to submit an amendment application.
If there are changes to the plans approved in your original DA, you may need to amend your development approval. In some situations, you may be able to request a decision be reconsidered or reviewed. Amend your approvalDAs that don't need amendmentsSome changes may not need an application to amend development approval. These include:
Apply to amend a DAMost of the time, the person who receives approval will apply to Environment, Planning and Sustainable Development Directorate (EPSDD) to amend the DA. This also applies if another entity made the decision, like the ACT Civil and Administrative Tribunal (ACAT). However, if you need to change an essential design element included by another entity, that entity will decide the amendment application. Amendments to DAs are made through eDevelopment. Here applicants can upload plans and documentation, lodge additional information and amendments and see the status of their application at any time. Read more about how to get started with eDevelopment. Information to submitYou must give the Authority enough information in an amendment application to assess and determine the proposal. This includes clearly indicating which parts of the development you are proposing to change on the plans, drawings and documents. Make sure you meet all the minimum documentation requirements. Costs for amendmentsIf you're requesting an amendment not in response to the Authority's recommendations or ACAT's advice, you'll need to pay a fee. Fees for amendments are generally based on the amount of changes proposed. Other variables may impact the fee, like if the application needs public notification. The processAn application to amend DA approval includes:
The key difference between a normal DA and an amendment application is that sometimes, public notification and entity referrals may be waived. The remaining steps in the process are all the same as a normal DA. Considering amendments applicationsThe Authority will consider the amendment as though development is complete. They'll only assess the changes (not the entire development again). Public notificationPublic notification of amendment applications will occur over 20 working days for significant developments or 15 working days for non-significant developments. There are some instances where your DA amendment may not need public notification. This is usually when the Authority agrees that:
The Authority will generally publish their decision and reasons not to do a public notification on the DA amendment on their website. Entity referralsEntity referral of amendment applications will occur over 20 working days for significant developments or 15 working days for non-significant developments. Sometimes, a DA amendment may not need entity referrals. This is usually when the Authority agrees that the DA amendment application:
The Authority will usually think about:
TimeframesThere is no statutory timeframe to decide on an application to amend a DA. However, this is guided by the Legislation Act 2001 which states that decision-makers must make their decision as soon as possible. The following factors affect the timeframe to decide on DA amendments:
If the Authority needs clarification or more information, there will usually be a delay to decide on the amendment to DA approval. DecisionsApplications to amend DA approval can be approved, conditionally approved or refused. The notice of decision will include all reasons for the decisions, any conditions of approval and other details. PublicationApplications to amend DA approvals are published on the Planning website, including:
Reconsider or review a decisionIf an applicant or representor isn't satisfied with a DA decision, there are ways to seek a review. Request a reconsiderationIf an applicant is not satisfied with the DA decision or the decision on an application to amend a DA, you can apply for reconsideration. This includes if it’s conditionally approved, partially approved or refused. However, you‘ll need to be sure that no other application for reconsideration or review in the ACAT has previously been made. You must lodge a reconsideration application within 20 working days of the decision. The Authority will then need to review its original decision. Please note, only an applicant can apply for reconsideration. ACT Civil and Administrative Tribunal (ACAT) AppealsIn some cases, the applicant or a representors can apply to the ACAT to review an amendment decision. You must do this within 20 working days of receiving the decision. Reasons for an ACAT appeal vary. Generally, some examples of decisions that can be reviewed include:
It's recommended that all parties review Schedule 6 of the Planning Act 2023 to determine whether the decision in a particular situation is reviewable in the ACAT. |