A development application asks the body that decides planning in a place for permission to develop land, and each of these three places has its own law, its own decision-maker and its own way of reviewing a decision. The words differ too: the ACT speaks of a development application and a development approval, Tasmania of an application for a permit, and the Northern Territory of a development application that ends in a development permit.
Who decides, and who reviews
| Place | Who decides | Who reviews a decision | Time to seek review |
|---|---|---|---|
| ACT | The Territory Planning Authority; the Minister decides a territory priority project | The authority itself on reconsideration, and the ACT Civil and Administrative Tribunal (ACAT) where the Act allows | 20 working days, or longer if the authority allows, to ask for reconsideration; 20 working days for a third party to go to ACAT |
| Tasmania | The council, as the planning authority | The Tasmanian Civil and Administrative Tribunal (TASCAT) | 14 days for the planning appeals the Act lists |
| Northern Territory | A Division of the Development Consent Authority, or the Minister where no Division covers the land | The Northern Territory Civil and Administrative Tribunal (NTCAT) | 28 days after the decision notice is served |
The three guides
One guide for each place, each read from that place’s own planning law and official pages.
- Development applications in the ACTWhether a DA is needed, the completeness check, public notification, the decision, reconsideration and ACAT, and territory priority projects.
- Planning permits in TasmaniaPermitted and discretionary applications, their decision periods, representations, and appeals to TASCAT.
- Development applications in the Northern TerritoryWho the consent authority is, what an application holds, public notice and submissions, the decision, and review by NTCAT.
Questions people ask first
Does every project need a development application?
No. In the ACT some projects are exempt if they meet the conditions of the Planning (Exempt Development) Regulation 2023. In Tasmania some use and development is exempt, and the exemptions are in clause 4 of the Tasmanian Planning Scheme. In the Northern Territory, the Act’s development permit rules apply where the planning scheme allows a development only with consent, to a subdivision or consolidation of land, and where an interim development control order requires consent.
Can neighbours comment?
In all three places, yes, for the applications that are notified. Every ACT development application is publicly notified, for a minimum of 15 working days for most. Anyone may make representations on a discretionary application in Tasmania within 14 days of the notice. In the Northern Territory anyone may make a written submission on a publicly notified application within the period in the notice.
What if the decision takes too long?
Each Act deals with it differently. In Tasmania a council that misses its period is taken to have granted a permit, on conditions TASCAT decides, though for a discretionary application TASCAT can direct that no permit be granted. In the Northern Territory an applicant not served with a decision within 84 days of applying may ask NTCAT to review the lack of a decision; for that review the application is taken to be refused, though the consent authority can still decide it before NTCAT does. In the ACT the decision-maker may still approve after the time ends, and for ACAT the application is taken to be refused.