Apply for an exceptional development permit
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.
Summary
| About the application | What you need to know |
|---|---|
| How to apply | Submit through the Development Applications Online (DAO) website |
| Fees | Check the application and advertising fee |
| Advertising | Usually 28 days advertising, including notices through:
|
| 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:
- your contact details
- owner's authorisation - if you're not the sole property owner
- an explanation of the proposal and why you're requesting it
- an image that shows what the development will look like - image requirements are:
- it must be in landscape orientation
- it should reflect the proposed development and can include a perspective, an elevation or site plan
- it must be a JPG or PNG file and be clear when printed in A4 size
- for subdivisions, changes to use or minor developments, a clear dimensioned plan may be enough
- a statement describing the effect of the proposal.
For more information about your application requirements, read the guide - submitting an EDP application PDF (171.4 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
To apply, follow the steps below:
Step 1. Submit your application
Submit an EDP application through the DAO website.
Attach your image
You must submit your application with an image of the proposed development. This image will be displayed:
- alongside the application details on the DAO website and
- on your custom sign (if applicable).
If you submit without an image, your application will be returned.
Step 2. Pay the fee
You must pay:
- an application fee - when the application is initially accepted
- an advertising fee - if the minister proceeds with the application and places it on public exhibition.
You can either pay:
- online through the DAO website - the preferred payment method
- in person, by cash or card at your nearest planning office.
This is the preferred lodgement and payment method.
All fees are non-refundable, even if your application is unsuccessful.
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.
Minister's initial decision
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.
Advertising requirements
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:
- planning notices online
- yellow signs placed on the land.
If the application is exhibited
If the application is exhibited, DAS will inform you of your advertising requirements.
You will need to:
- pay the advertising fee
- arrange to collect and place the yellow signs as directed.
Read more about signage requirements for planning applications.
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.
Hearing on behalf of the minister
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.
What gets considered
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.
Minister's final decision
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.
Decisions about EDPs will be made available online. View EDP decisions.
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.
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