Land and planning authority reconsideration process (ACT)

This information sheet provides guidance to applicants where their development approval has been refused and the applicant wishes to exercise their right to ask for that decision to be reconsidered.

Development approval (DA) is about the design of the development. It ensures the development is appropriate to an area and conforms with any lease requirements, Territory Plan codes, regulations or specific development conditions that may apply to a particular piece of land.

If you apply for DA and are refused you may seek reconsideration. This ‘reconsideration process’ is undertaken by the ACT Land and Planning Authority (ACTPLA).

Stage 1: Applicants must fill out an application form setting out the grounds for reconsideration. An application fee will apply.
Stage 2: Once you have lodged your application, ACTPLA has 20 days to reconsider the decision. The decision will be reconsidered by a senior ACTPLA delegate.
Code track changes: If your code track development is approved subject to conditions, you may apply for reconsideration within 20 working days of being told of the decision. You cannot request reconsideration of a decision if the development approval has been refused. You must appeal the matter to the ACT Civil and Administrative Appeals Tribunal (ACAT).
Merit and impact track: Under this category you have 20 working days from being informed of a decision to lodge a reconsideration application.
When a merit or impact track DA has been approved subject to conditions or refused, you can appeal a decision where:

• the proposal is subject to a rule and does not comply with the rule; or
  no rule applies to the proposal.

Reconsideration process

In any reconsideration application, you will need to include the grounds on which reconsideration of the original decision is sought and any documentation supporting your application (eg amended plans). You may also wish to arrange a meeting with ACTPLA to discuss the conditions attached or refusal. Note, however, that you musts still comply with the 20 working days irrespective of when this meeting occurs.

Appeals to ACAT

If you are unhappy with ACTPLA’s decision and believe there are grounds to pursue the matter further you can appeal the decision in the ACAT. If you lodge an application with the ACAT before reconsideration has come through with ACTPLA, then your application with ACTPLA will become invalid.

New applocation for Development Approval

If your application for reconsideration is unsuccessful and you do not wish to take the matter to ACAT then you must commence a fresh application for a Development Approval in order to proceed with the development. It is important to note that if you choose to lodge a new application, then this will be treated as separate and unrelated to your initial application. You will have to go through the process of paying all relevant fees and charges and supplying all supporting documents again. There is no guarantee that a new application will result in approval. 

For further information contact your Workplace Advisor on 1300 650 620. HIA also recommends that you engage any designing professionals and others involved in the project in the reconsideration process to maximise your chances of success.