In 2023 the ACT saw a significant reform to its planning laws, including the commencement of the Planning Act 2023. The reforms were aimed at providing “a new, simpler system” and achieve “the best outcomes for our city, our environment and our people”.[1] However, one of the key aspects of these reforms was the introduction of a swathe of new, complicated subordinate documents which regulate how development applications will be assessed by the Territory Planning Authority. These include:
This guide is designed to help applicants and planners understand the legal effect of these documents and navigate the system.
The Territory Plan is structured into the following key sections.
Like the old Territory Plan, the Plan regulates land through a system of mapping. Most importantly, the Plan sets out what zone and district applies to each parcel of the land in the ACT. The Plan also identifies matters such as public land, future urban areas and national land.
This mapping then links to key matters which must be considered in the assessment and determination of a development application (DA). These include whether a development is permissible, and what are the objectives and standards which must be considered by the Territory Planning Authority, including with regard to elements of the development such as bulk and scale, height and environmental impacts.
The Territory Plan also has an extensive dictionary which is used to define the various uses of land. The characterisation of land uses into these terms is a key concept in planning law; characterisation of development is a jurisdictional fact which, if done incorrectly, will leave any approval liable to be set aside.[2]
The system of using “umbrella terms” and “sub-categories” adopted in the old plan has been removed, though there continues to be numerous cross references between the different land use definitions.
The Plan also defines certain “terms and concepts” that are specified in the Territory Plan, such as “building”, “setback” and “EV ready”, which will be relevant to navigating the requirements of the substantive parts of the Plan.
A key issue in planning law in the ACT is that land is generally leasehold and therefore subject to a Crown lease with its own terms regarding the use of the land, which can use different language to that in the Territory Plan.[3] The Plan attempts to address this issue by providing a provision which, though not entirely clearly, indicates that the Crown lease in force for a parcel of land, particularly “the definition of the [land use] term as it applied at the time of granting of the lease,“ will be considered in interpreting the definitions within the Territory Plan and determining whether a particular use of that land is be permissible under the Plan. The intention and legal effect of this guidance is unclear, but it appears that this could have the undesired effect of limiting the uses permitted under the Territory Plan due to terms used in Crown leases which were, for the most part, granted some time ago. This may necessitate an additional application to amend the relevant Crown lease to avoid a proposed use being determined to be impermissible.
The move to an “outcome based” planning system is most evident in the Zone Policies and District Policies included in the Territory Plan, although there are still mandatory requirements which apply. Each Zone and District policy includes:
The effect of these provisions is that there is now considerable discretion given to the Planning Authority (as well as uncertainty and room for debate) regarding when an “outcome” will be met by a development and it will be acceptable, but also that rigid numerical controls remain an element of planning regulation in the ACT.
The Plan also includes separate development policies on subdivision and lease variations, which regulate those specific types of development and apply in addition to the relevant zone and district policies.
The reforms also have also introduced design guides and technical specifications to “support” the Territory Plan, but which are separate to the Plan. Design Guides (but not the Technical Specifications) are a mandatory consideration in the assessment of a DA under s.186 of the Act.
Technical specifications are made by the Chief Planner[6] and Design Guides are prepared by the Minister.[7] Both are notifiable instruments which are published on the ACT Legislation Register. As these documents are not part of the Territory Plan the formal amendment process which applies to the Plan (including community consultation) will not apply (and restrict) the amendment of the technical specifications or the design guides.
There are currently four design guides in force; the Housing Design Guide, the Urban Design Guide, the City Centre Urban Design Guide and the Biodiversity Sensitive Urban Design Guide.
The design guides will apply where a development meets specific thresholds. For example, an applicant is required to consider and provide a design response to the Urban Design Guide where the combined development gross floor area of the proposed development exceeds 10,000m2.[8]
The design guides provide qualitative standards on a very wide range of matters relating to development. The Housing, Urban and City Centre Design Guides address elements relating to Country and Place, Urban Structure and Natural Systems, Site and Land Use, Access and Movement, Public Space and Amenity, Built Form and Building Design, and Sustainability and Environment. Depending on the relevant guidelines applicable, applicants are required to respond to matters ranging from guidance on materials and finishes, building layouts, choosing vegetation that provides habitat requirements for the local ecosystem and using inclusive design elements.
The technical specifications include many of the specific and quantitative standards previously found in the various codes within the Territory Plan, such as maximum gross floor area, private open space requirements etc. The specifications are not mandatory requirements or even a mandatory consideration in determining a development application.[9] Instead, the specifications appear to operate as a discretionary “benchmark” and “may provide guidance”. The ACT Civil and Administrative Tribunal has found that a failure to meet the specifications does not have any consequences of itself, it simply requires assessment under the Policy and Assessment Outcomes, in which assessment the technical specifications can be used as relevant guidelines.[10]
However, the technical specifications provide that:
Where a proposed development complies with a relevant provision of the planning and technical specifications and the development comprehensively addresses the assessment outcome, further assessment regarding the specific provisions will not be required.
This has generously been described by the Tribunal as “a little hard to understand”.[11] It has found that, where the technical specifications are met, further assessment ‘is not required’, but that the decision maker still has discretion to undertake such further assessment. However, to “meet” the specifications two matters must be satisfied[12]:
Unfortunately, the Tribunal’s decision does not go much further to explain what exactly (beyond compliance with the specifications which are expressly identified as being relevant to each outcome) is necessary to comprehensively address an outcome.[13] We expect there to be further debate and findings regarding how the technical specifications operate.
As can be seen, the ACT planning regime now requires a broad range of material to be addressed in a development application and considered by the Territory Planning Authority.
If you need assistance in navigating the ACT planning system, please contact Alice Menyhart or Victoria McGinness from our dedicated Planning Law team.
The content contained in this guide is general commentary only. It is not legal advice. Readers should contact us and receive our specific advice on the particular situation that concerns them.
Please note that the law detailed in this Article is correct as at May 2026.
[1] The Legislative Assembly for the Australian Capital Territory Tenth Assembly Standing Committee on Planning, Transport and City Services – Report No. 12 – Inquiry into the Planning Bill 2022 Government Response, May 2023
[2] Act Planning and Land Authority v 50 Emu Drive Pty Ltd [2019] ACTSC 276 at [38]-[44].
[3] Quanton Pty Ltd v Act Planning and Land Authority [2021] ACTSC 139
[4] Part E Zone Policies – E1 – Residential Zones Policy, Policy Council 2 of the RZ1 – Suburban Zone.
[5] Ibid, Assessment Outcome 5.
[6] Section 51 of the Planning Act 2023.
[7] Section 50 of the Planning Act 2023.
[8] Part A – Administration and Governance
[9] Section 186 of the Act.
[10] Khandelwal v Territory Planning Authority (Administrative Review) [2025] ACAT 48 at [61].
[11] Ibidat [38(d)].
[12] Ibid at [38(d)].
[13] Further, there is a separate decision (earlier) decision of the Tribunal in Landau v Territory Planning Authority (Administrative Review) [2025] ACAT 19 which if the proposed development complies with the technical planning specifications for the relevant matter is it taken to achieve the stated assessment outcome.