• Changes to the Territory Plan have to go through a process
  • There are two types of amendments to the Territory Plan: Major and Minor
  • This process has changed in the new Planning system

The Territory Plan can be amended to:

  • maintain a modern planning system
  • better reflect the changing needs of the Canberra community
  • achieve the goals and objectives of strategic planning policies.

The process of amending the Territory Plan has changed under the new planning system. This is set out in the Planning Act 2023 (the Act).

There are two types of plan amendments under the Act:

  • a Minor Plan Amendment
  • a Major Plan Amendment.

The type and nature of a proposed amendment will determine if the change requires a Major or Minor Amendment.

Minor Plan Amendment

To change the policies of the Territory Plan a Minor Plan Amendment or Major Plan Amendment needs to be undertaken. Unlike Major Plan Amendments, Minor Plan Amendments have limitations on the types of changes which can be made to the Territory Plan. Common changes to the Territory Plan by Minor Plan Amendments are:

  • remove duplication, errors and provide clarity in the Territory Plan
  • support the implementation of the subdivision design process to facilitate the delivery of new land
  • minor relocation of boundaries to support the intentions of an agreed development

Minor Plan Amendments are prepared and approved by the Territory Planning Authority (the Authority) and, depending on type, may not require public consultation.

Minor Plan Amendment Process

Depending on the type of proposal, a minor amendment may have to go through a consultation process. These types of amendments are set out in the Planning Act 2023.

Types of minor amendments that do not require consultation include:

  • correction to errors in the Territory plan that would not affect anyone’s rights
  • minor rezone boundary changes next to unreleased land
  • changes to bring the Territory Plan into line with the Nation Capital Plan
  • adding or changing a reference to a design guide
  • removing something that is obsolete or redundant.

Types of minor amendments that require consultation include:

  • a change to a zone boundary consistent with a development proposal
  • moving provisions from one section of the Territory Plan to another
  • changes to provisions that don’t change the substance of the plan and is consistent with intent of the provision
  • changes relating to Future Urban Areas under Section 89 of the Planning Act.

The Territory Planning Authority must release the minor amendment for a minimum of 20 working days. It must also publish the minor amendment and information about how to comment on the Authority’s website.

Comments received must also be made available on the Authority’s website 10 working days after consultation has ended. They must stay on the website for at least 15 working days.

Assessment and commencement

The Authority will determine the correct type of Minor Amendment and prepare the document. The Authority must then tell the National Capital Authority (NCA) about the Minor Amendment.

The Authority must:

  • be satisfied that the proposal is a Minor Amendment according to the Act
  • consider any comments received from the NCA and the public if consultation was required
  • be satisfied the Minor Amendment is not inconsistent with the ACT Planning Strategy or any relevant district strategy.

Once these steps have been undertaken, the Minor Amendment can commence. Commencement of a Minor Amendment will be notified on the Authority's website.

View Minor Plan Amendments to the Territory Plan.

Major Amendments

To change the policies of the Territory Plan, a Minor Plan Amendment or Major Plan Amendment will need to be undertaken.

Unlike Minor Plan Amendments, Major Plan Amendments do not have the same limitations as to the scale and nature of the changes which can be made to the Territory Plan. Therefore Major Amendments tend to represent larger changes to the Territory Plan and Planning System, such as implementation of new government policy or larger and more complex development from infill development to infrastructure projects.

Common changes to the Territory Plan by Major Plan Amendment are:

  • changing the land use zoning of an area to better reflect the changing needs of the ACT community
  • changing the Territory Plan policies to allow areas to develop in a different way
  • incorporating new policies into the Territory Plan in response to government policies and decisions.

There are three types of Major Plan Amendments:

  • proponent-initiated
  • government-initiated
  • minister-initiated.

While the types of Major Plan Amendments are slightly different, all largely follow the same process. In particular, all Major Plan Amendments are:

  • prepared by the Authority
  • require approval by the Minister
  • can be scrutinised by the Standing Committee, and
  • require agreement from the majority of the legislative assembly

to become part of the Territory Plan.

Pre-application

The pre-application process is a voluntary process. It allows proponents to seek early feedback and guidance on their amendment proposal prior to lodging an application.

In preparing initial advice back to the proponent, the authority may seek comments from relevant government agencies.

The proponent may then use this information to prepare their supporting report to accompany their application for a major plan amendment.

The main benefits of the preapplication guidance process are:

  • highlighting opportunities and constraints of a proposal early before the proponent invests more time and money
  • the ability to tailor the supporting report following early comments from relevant entities
  • increased likelihood of the application being supporting by the authority if issues are addressed early in the process.

To initiate the pre-application process a proponent should contact terrplan@act.gov.au. A summary of the proposal should be provided, including the:

  • location of the proposal
  • scale and nature of the proposal
  • initial ideas regarding changes to the Territory Plan
Application

There are three types of major plan amendments under the Act:

  • proponent-initiated
  • territory-initiated
  • minister-initiated.

All proponent-initiated major plan amendments require an application to be lodged.

To submit an application for a proponent-initiated major plan amendment the following is required:

  • a completed application form
  • a supporting report for the proposed amendment which must include:
    • the need for the proposed amendment
    • the positive and negative impacts of the proposed amendment
    • a statement about how the proposed amendment would give effect to the planning strategy and—
      • any relevant district strategy
      • a statement about how the proposed amendment would be consistent or inconsistent with relevant planning outcomes contained in other government strategies and policies
      • any consultation undertaken by the interested person who proposed the amendment, including with relevant entities who may have an interest in the proposed amendment.

When the required information has been provided, the Territory Planning Authority will ask for initial fee to be paid.

Fees can be paid online on the Access Canberra Website.

Assessment of application

The Territory Planning Authority will assess the application once it is formally lodged. It must be refused or accepted by the Territory Planning Authority within 3 months.

The Authority may refer the application to relevant entities for comment.

In assessing the application, the authority must consider:

  • the planning strategy
  • any relevant district strategy
  • any current or proposed amendments and policies in the Territory Plan
  • the statement of planning priorities
  • anything else the authority considers relevant to the amendment.

The authority may also require the proponent to provide additional information during the assessment of the application. At least 20 working days will be proved for this. The application may be refused if the information is not provided in the specified time.

If accepted, an Application Outcome Notice will be given to the proponent. The Territory Planning Authority will also request that the final fee be paid.

If refused, an Application Outcome Notice will be provided to the proponent, detailing the reasons for refusal. The proposal will not progress any further, however a new application can be lodged and considered.

Drafting and consultation

Once accepted, the authority will draft the major plan amendment. While this is being done, it will be referred to entities specified in the Planning Act. These include:

The draft plan amendment will then be released for public consultation. This must be for at least 30 working days.

Interim effect may be applied to the amendment at this time. This means the changes will apply to development proposals being assessed before the full amendment process finishes.

Comments received from the public and referral entities must be considered. This will determine whether the draft plan amendment requires changes to be made before it is referred to the Minister.

Post consultation and outcome

If the application is not withdrawn it must be given to the Minister for Planning and Land Management. It is now referred to as the “recommended plan amendment”.

The Territory Planning Authority must notify the public that the recommended plan amendment has been given to the Minister. Within 5 working days of this, the recommended plan amendment will be provided by the Minister to the relevant Legislative Assembly standing committee. The committee may choose to undertake an inquiry on the recommended amendment. If this occurs, they may seek submissions from the public. They will also provide a report to the Government with recommendations to respond to.

After receiving a report, the Minister may approve or refuse the recommended amendment. They can also sent it back to the Authority for revision.

If approved by the Minister, it is presented to the Legislative Assembly. If a resolution rejecting the amendment has not been passed by the Legislative Assembly by the end of the fifth sitting day, the major plan amendment will commence on a day set out in a commencement notice.

One it commences, the amendment becomes a formal part of the Territory Plan. The changes will then be applied to development applications.

View Major Plan Amendments to the Territory Plan.

Approved variations and technical amendments to previous Territory Plans

Approved variations and technical amendment to the previous Territory Plans including:

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