Apply for an exceptional development permit

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 apply for an exceptional development permit (EDP) if you want to:

  • make changes to an existing use or building that was previously permitted but is now prohibited or
  • establish a use or development prohibited by a planning scheme.

The table below provides an overview of the application process.

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

Summary

About the application What you need to know
How to apply Submit through the Development Applications Online (DAO) website
Fees $3,004 lodgement fee
$696 advertising fee
Advertising

Usually 28 days advertising, including notices through:

  • 2 newspaper adverts
  • planning notices online
  • yellow signs placed on the land
Processing time Applications take approximately 6 months. Timeframes may take much longer.
Decision maker Minister for Infrastructure, Planning and Logistics
Administrating branch Development Assessment Services

Before you apply

EDP applications are a complicated process.

You are strongly advised to speak with a planner from DAS before making this application to:

  • discuss whether it is likely to be supported and
  • help you understand your application requirements.

To get the best advice, you must provide the property address and any plans you have before the meeting.

Supporting information

You must provide the following:

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 an EDP application through the DAO website.

Fees

The following fees apply for an exceptional development permit application:

  • $3,004 lodgement fee - when the application is initially accepted
  • $696 advertising fee - if the minister proceeds with the application and places it on public exhibition.

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

Processing times for EDP applications can vary because of associated complex issues.

It can take approximately six months for a decision to be made.

However, it can take longer if:

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

After your application is received, it goes to the minister for consideration.

The minister will make an initial decision to either:

  • continue to consider the application by placing it on exhibition
  • refuse to grant the EDP without placing the proposal on exhibition.

Before making a decision, the minister may also request further information from you - you will need to provide this within a specified timeframe.

You will be notified of the initial decision.

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

If the proposal is publicly exhibited, it will be for at least 28 days, including notices through:

  • two newspaper adverts
  • planning notices online
  • yellow signs placed on the land.

If the application is exhibited


If the application is exhibited, Lands Planning 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 yellow 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 an EDP application.

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

Once the period has ended, your application may be discussed at a public hearing.

If submissions are received from the public or local council, a hearing will be held.

It is held by the NT Planning Commission on behalf of the minister.

Hearings are informal and open to the public.

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.

The NT Planning Commission is not the decision maker. Their role is to report any issues raised to the minister.

For more information, including upcoming hearing dates and agendas, go to the NT Planning Commission website.

In making a decision, the minister must first decide whether it is preferable to issue a permit rather than change the zone or other part of the planning scheme.

The minister will then consider all of the following:

  • the merits of the proposal and if it is in the public interest
  • any issues raised in submissions, at the hearing and during any other consultation
  • reports received from the Planning Commission and the department
  • any potential impacts on environmental values protected under environmental laws
  • any potential impacts on heritage values protected under heritage laws
  • potential impacts on the existing and future amenity of the area
  • the availability of infrastructure
  • the availability of public facilities and public open space
  • if the land can support the development
  • any other matter the minister considers relevant.

In making their final decision, the minister must decide to:

  • grant a permit as proposed and with relevant conditions
  • alter and approve the proposal with relevant conditions
  • refuse to grant a permit.

Before making a final decision, the minister may also:

  • request more information from the applicant and/or
  • re-exhibit the proposal - with or without alterations.

You and anyone who made a submission will be directly notified of any decision.

A decision to grant an EDP will be advertised in the newspaper. The decision will then be made available online.

If you are issued an EDP

Once issued, an EDP works in the same way as a normal development permit.

It may include a range of relevant development conditions and advisory notes.

Read more in the development permit application process:

  • to understand your development permit and
  • for help completing your development.

Request a right of review

There is no right under the Planning Act to request a review of a decision about an EDP application.

Last updated: 02 October 2020

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