What can change your need for planning approval

Land not covered by a zone is known as unzoned land.

Planning controls only apply to unzoned land if any of the following apply:

• you want to:
  • subdivide or consolidate it
  • clear more than one hectare of native vegetation
• an overlay applies
• the development is located in some Aboriginal communities.

Even if your land is unzoned, you may still need a building permit if your land is within a building control area.

Some uses and developments are exempt from the planning scheme rules under certain circumstances.

They don't need planning approval.

These relate to:

• a specific response to COVID-19
• minor development types such as small shade sails
• temporary use of land such as for:
  • community events
  • emergency accommodation after a natural disaster
• the construction and maintenance of vital infrastructure such as:
  • main roads
  • the provision of electricity, water, sewerage, gas or telecommunications
• some types of subdivision such as in remote towns.

Exempt uses are listed as exceptions in schedule 3 of the NT Planning Scheme PDF (112.5 KB).

If a use, building or works was lawful under previous planning rules, you don't need planning approval to continue as long as:

• the nature or scale stays the same
• the use does not stop for more than 12 months.

A use that was permitted but would now be prohibited may have existing use rights.

A use that was permitted but would now need approval is considered to have a “deemed permit”.

Application types and services that relate to existing use rights and deemed permits include:

• a certificate of existing use
• an extension of abandonment period
• an alteration permit
• a variation to a deemed permit.

Ancillary uses are those that support the main use of the land and don't operate separately.

For example:

• an office and canteen are ancillary to a school
• a convenience shop is ancillary to a service station.

They are usually smaller in scale and suitable to a zone if the main use is suitable.

An ancillary use is permitted even if it would normally be merit assessable, impact assessable or prohibited if:

• it is listed as ancillary within the definition of the primary use
• it meets relevant development requirements and
• the land and use are not subject to an overlay.

If the ancillary use doesn't meet any of the above criteria and would normally be:

• prohibited in a zone - it becomes impact assessable
• merit or impact assessable in a zone - it remains merit or impact assessable.

Read more about assessment categories.

Use or development of a heritage place is impact assessable and must also meet the requirements of the minister for heritage.

Read more about impact assessable uses, read assessment categories.