Make a concurrent application

Changes to planning laws

On 31 July 2020, planning laws changed in the Northern Territory (NT). Read about these changes.

The NT Planning Scheme 2020 also came into force on 31 July 2020. It replaces the 2007 scheme. Read the current planning scheme.

You can make a concurrent application if you want to do the following at the same time:

  • request a planning scheme amendment (PSA)
  • apply for a development permit.

You don't have to do a concurrent application - you can apply for a PSA and then a development permit separately.

The table below provides an overview of the application process.

To apply, follow the step-by-step guide further below.

Benefits

The benefits of a concurrent application are having a single:

  • application and package of supporting information
  • exhibition period for the amendment and development parts of the application
  • submission or comment by community members and referral authorities
  • hearing for the application.

Risks

The risks of a concurrent application are if the:

  • development proposal is not approved by the consent authority - any rezoning approval will not come into effect
  • minister refuses the PSA request - the development permit will not be issued.

Summary

About the applicationWhat you need to know
How to applySubmit through the Development Applications Online (DAO) website
FeesLodgement fee: $3,423

Advertising fee: $696
Advertising

Usually 28 days advertising including notices through:

  • two newspaper adverts
  • planning notices online
  • yellow signs with a pink border placed on the land
Processing time

It can take approximately five months for a decision but can take much longer.

Decision maker for the PSAMinister for Infrastructure, Planning and Logistics
Decision maker for the developmentDevelopment Consent Authority (within DCA division areas)

Minister for Infrastructure, Planning and Logistics (outside DCA division areas)
Administrating branchLands Planning and Development Assessment Services

Before you apply

The concurrent application process is complicated.

You must meet with a planner to have a pre-application meeting.

Pre-application meeting

The pre-application meeting is a special requirement of the concurrent application process.

After the meeting, you will receive a signed record that you must include with your application.

Book a meeting

To book a free pre-application meeting, you must fill in the pre-application meeting request form.

You should submit as much detail as possible in the form, including:

  • any plans, maps or reports you have relating to the proposal including concepts
  • how many people will be attending the meeting.

You must book at least one week ahead of the appointment.

What to expect

Your meeting will be attended by all the following:

  • up to two planners
  • other technical or specialist advisers
  • other consultants you want to invite - eg your architect or planning consultant.

Planning advisers will advise you on:

  • whether your application is consistent with:
    • the current strategic framework for the area
    • planning rules that relate to the proposed use or development
  • help you understand what you need to include in your application.

Supporting information

You must provide the following when you apply for a concurrent application:

  • a copy of your pre-application meeting record
  • your contact details
  • owner’s authorisation - if you are not the sole property owner
  • an explanation of the proposed amendment and why you are requesting it
  • an assessment of the proposed development showing how it will comply with the amended planning scheme
  • an assessment of the proposal including:
    • its merits
    • if the land can support the proposal
    • how it will influence the amenity of the area
    • other matters under section 30C of the Planning Act
  • dimensioned plans for the development (which may vary based on the complexity and type). These may include:
    • site plan
    • floor layout plans
    • elevations and sections
  • an image that shows what the development will look like. For changes to use or minor developments, a site plan or elevation can be enough.

For more information about application requirements, read the concurrent application guide to attachments PDF (202.9 KB).

If you don't understand the requirements, you can contact a planner.

You may also consider getting a private planning consultant to apply on your behalf.

How to apply

You can submit a concurrent application through the DAO website.

Fees

You must pay the following fees for a concurrent application:

  • $3,423 lodgement fee - when the application is initially accepted
  • $696 advertising fee - if the minister proceeds with the application and places it on public exhibition
  • a development component fee - check the fees for a development permit application
    • the fee amount depends on the type of development and its estimated cost.

All fees are non-refundable, even if your application is unsuccessful.

How to pay

You can pay fees online if you apply through the DAO website.

This is the preferred lodgement and payment method.

Other ways to pay

You can pay in person by cash or card at your nearest planning office.

After you apply

Read below to find out what happens after you submit your application.

Timeframes

Timeframes for concurrent applications can take approximately five months.

However, this can be longer if:

  • more information is needed or
  • the application needs to be re-exhibited at any stage.

The minister will make an initial decision to either:

  • accept the application for exhibition
  • refuse to amend the planning scheme.

The minister may also request further information from you - you will need to provide this within a specified timeframe.

If the minister's initial decision was to continue to consider the application, they will place it on exhibition.

Concurrent applications are advertised for 28 days, including notices through:

  • two newspaper adverts
  • planning notices online
  • yellow signs with a pink border placed on the land.

What you need to do

The department will inform you of your advertising requirements and arrange:

  • the newspaper adverts
  • online notices
  • printing of signs.

You will need to:

  • pay the advertising fee
  • arrange to collect and place the signs as directed.

Receiving submissions

During the public exhibition period, submissions may be received from:

  • the public
  • service authorities
  • the local council.

A submission is a written objection or supporting comment about a concurrent application.

All valid submissions will be sent to you at the end of the exhibition period.

If submissions are received about the concurrent application, a public hearing will be held.

It is usually held by the Development Consent Authority (DCA).

You and anyone who made a submission on your proposal will be invited to attend and speak.

Invitations will be sent about 10 days before the meeting date.

After the hearing, the DCA will:

  • consider the development proposal and
  • report on submissions received for the amendment proposal.

For more information, including upcoming hearing dates and agendas, go to the Department of Infrastructure, Planning and Logistics website.

After the hearing, the DCA will make a preliminary decision about the development part of the concurrent application.

This decision assumes that the minister will amend the planning scheme as proposed in the application.

The DCA may change its decision if the minister decides to alter and approve the planning scheme amendment section.

If the minister refuses to amend the planning scheme, the DCA cannot issue a development permit, even if it was their preliminary decision to approve the development.

The DCA's initial decision will be published in the minutes for the hearing. This will be available on the Department of Infrastructure, Planning and Logistics website.

Matters considered by the DCA

In making a decision, the DCA will consider:

  • the relevant development requirements
  • any relevant overlay requirements
  • any requested variations
  • the relevant zone and strategic framework based on the assessment category
  • the merits of the proposal and if it is in the public interest
  • potential impacts on the existing and future amenity of the area
  • if the land can support the development
  • other matters under section 30P of the Act.

Report to the minister

The DCA provides a report to the minister.

It includes:

  • the DCA's preliminary decision
  • a copy of all submissions
  • a summary of all issues raised in submissions at the hearing
  • any other information the authority thinks the minister should take into account.

Once the minister has received the report from the DCA, they must make a decision to:

  • approve the amendment proposal without changes
  • alter the proposal and approve the amendment proposal
  • alter the amendment proposal and re-exhibit the altered proposal or
  • refuse to amend the planning scheme.

Before making a decision, the minister may also request more information from you.

Matters considered by the minister

In making a decision for the proposed amendment, the minister must consider all of the following:

  • the planning scheme
  • whether it promotes the purpose and objectives of the Act
  • any strategic framework within the planning scheme
  • the development proposal part of the concurrent application
  • the merits of the proposal
  • any potential impacts to environmental values under environmental laws
  • if the land can support the development
  • the availability of infrastructure
  • public facilities and public open space
  • potential impacts on the existing and future amenity of the area
  • other matters under section 30S of the Act.

If the minister approves the amendment proposal

If the minister approves the amendment proposal, the DCA will proceed to make its final decision.

The amendment will not come into effect unless the development proposal is also approved by the DCA.

If the minister refuses the amendment proposal

If the minister decides to refuse the amendment proposal, the DCA cannot approve the development proposal.

You will be issued with a notice of refusal and the reasons for the decision.

Any submitters will also be notified of the decision.

If the minister approves the amendment proposal, the DCA must then make a final decision about:

  • whether to issue the development permit and
  • what conditions to place on the permit.

The DCA's decision is based on the amendment proposal that was approved by the minister.

If the DCA approves the development proposal

If the DCA decides to issue a development permit, the amendment will come into effect the day the permit is issued.

You and any submitters will be notified of the outcome.

The decision will also be advertised in the newspaper and the information will be made available online.

Development permit

A development permit granted through a concurrent application works in the same way as a normal development permit.

Read more in the development permit application process.

If the DCA refuses the development proposal

If the DCA decides not to issue a development permit, the planning scheme amendment will also not come into effect.

You will be issued with a notice of refusal and the reasons for the decision.

Any submitters will also be notified of the decision.

Request a right of review

There is no right under the Planning Act to request a review for a decision to amend the planning scheme.

However, you may have rights of review for the decision made about a development permit if you are:

  • the applicant or
  • a person who made a valid submission.

If you have rights of review under the Planning Act, you may apply for review to the NT Civil and Administrative Tribunal (NTCAT).

For more information, go to the NTCAT website.

If you are an applicant

If you are unhappy with the decision or conditions of your permit you can apply for review.

Your application must be made within 28 days of being notified of the decision.

If you are a submitter

If you made a valid submission, you may have third party rights of review against the development permit in some circumstances.

You must apply within 14 days of being notified of the decision.

Last updated: 12 August 2020

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