Exemption Declarations (1Ns) – Transitioning to the New Planning System
Posted
The new ACT planning system is anticipated to commence on 27 November. The ACT Government has released advice about the transition arrangements for projects which require an Exemption Declaration application.
Transitional arrangements have been made to accommodate a number of applications under the current Planning and Development Act 2007 which enables them to remain active once the new planning system commences. On review by the planning authority (the Authority), these transitional arrangements do not capture existing Exemption Declarations issued under the outgoing Planning and Development Regulation 2008 (P&D Regulation).
Therefore, it is the Authority’s interpretation that any building approval (BA) intending to rely upon an Exemption Declaration issued under the outgoing Planning and Development Regulation 2008 would need to have a BA issued by a certifier prior to commencement of the new planning system (anticipated for 27 November 2023).
However, to assist in the transition between the outgoing and incoming planning systems, the Authority will offer applicants with active Exemption Declaration applications following 27 November 2023 the option to have their application reviewed and determined under the new Exempt Development Regulation, and associated Single Dwelling Housing Development Controls.
Noting the short transition timeframe, the Authority acknowledges that there are likely development proposals that will have an Exemption Declaration issued but are not capable of obtaining BA prior to 27 November 2023. With this, the Authority advises that for any Exemption Declarations that were issued from 27 November 2022 that are unable to obtain BA by 27 November 2023, the applicant is able to request a no fee review and determination under the new Exempt Development Regulation, after it commences.
Any requests for a no fee review can be sent to: ExemptDec@act.gov.au.
For these no fee reviews, the Authority will only consider already approved plans (i.e. stamped plans). Any new or amended plans will require a new application for consideration, which will be subject to the relevant fees.
For any ongoing queries, please send these to NewPlanningSystem@act.gov.au.
