Works Approval

In accordance with the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwth) (the PALM Act), any alteration to buildings or structures, demolition, landscaping or excavation works within the Designated Areas require the prior written approval of the National Capital Authority (NCA) or a 'Works Approval'. There are no exemptions for ‘Works Approval’ under the PALM Act.

In summary, if the answer to the following two questions is ‘Yes’, then Works Approval from the NCA is required:

• Is my proposal located within the Designated Areas?
• Is my proposal within the Definition of ‘works’? 

Please see the Standard Works Approval Process in the File Download list below.

1.1. Designated Areas

The NCA has detailed planning authority (including ‘Works Approval’ in place of development approval) in areas of the ACT, which exhibit special characteristics of the National Capital.

The Designated Areas include all major approach routes to Canberra, the Parliamentary Zone, Lake Burley Griffin and surrounding parklands, the Australian National University, Russell Defence Precinct, Duntroon and Australian Defence Force Academy.

Designated Areas also include the Inner Hills of the National Capital including Mount Majura and Mount Ainslie, Black Mountain, O'Conner Ridge, Red Hill, Oakey Hill, Mount Painter, The Pinnacle and Stromlo Forest.

The Designated Areas are shown on the map below. You can also view this map on ACTmapi.

1.2. Definition of ‘works’

The PALM Act defines ‘works’ as:

a) the construction, alteration, extension or demolition of buildings or structures;
b) landscaping;
c) tree felling; or
d) excavations.
This includes proposals ranging from a site redevelopment to the removal of a single tree or excavation required to installing underground services. 

Temporary signs or fencing must be consistent with the ACT Government's Hoarding Signage Guidelines.

Temporary ‘works’ such as the installation of temporary signs or fencing also require ‘Works Approval’ from the NCA.

Some of the most common types of works that require a ‘Works Approval’ are:

• construction of new buildings
• alterations to the exterior of an existing building
• removal of a dead or dangerous tree
• excavation for telecommunications installation (just hauling through existing conduits alone does not require works approval)
• installation of a sign
• installation of solar panels
• installation of temporary structures

Even minor matters may need a ‘Works Approval’. The onus is on you to find out whether an application is required. Please email the ‘Works Approval’ team at WorksApproval@nca.gov.au if you have any questions.

The PALM Act does not require the NCA to approve internal works or solely maintenance works.

If temporary structures are related to an event and are in place for less than 14 days, please contact the Events team on events@nca.gov.au.

1.3. Letter of Consistency

A Letter of Consistency application is required to be submitted to the NCA for proposals on National Land outside of Designated Areas located at:

• HMAS Harman
• Specific rural landholdings in Majura
• Block 2 Section 6 Lawson
• CSIRO Gungahlin
• Block 6 Section 66 Deakin
• Block 2 Section 14 Greenway
• Rural Block 254 Paddy's River
• Rural Block 1212 Weston Creek
• Parts of Sections 43, 44, 49 and 50 Belconnen
• Parts of Sections 20 and 21 Mitchell

In these locations, there is generally a Development Control Plan (DCP) in place that the proposal must conform with. Proposals must also be consistent with the National Capital Plan. The documentation requirements and assessment process for a Letter of Consistency is similar to that of a Works Approval application.  Please proceed to ‘submit a works approval application’.  The lodgement system will recognise the works location and generate a Letter of Consistency automatically for works on National Land outside of a Designated Area

The NCA's role is to assist applicants through a process of negotiation and design development to achieve outcomes appropriate to those areas, which embody the special characteristics of the National Capital.

2.1. Contact the NCA

Contact the NCA to determine whether a pre-application meeting is necessary by phoning (02)62712888 or by emailing WorksApproval@nca.gov.au. Discussions held with the NCA in the early stages of developing designs for a proposal will help identify any major issues that require resolution prior to ‘Works Approval’ being lodged.

A sketch design, which shows the development intention, may also be submitted to the NCA for consideration and comment, before proceeding with detailed design development.

2.2. What information is required for ‘Works Approval’

A checklist for information required for applications can be downloaded from the links below.

Document

Document

Minor Works Approval Application checklist.pdf

There are mandatory attachments required for all applications.

• Lessee / Land Custodian Authorisation Form
  If the applicant is not the lessee or the land custodian, this document is required. 
• Locality Plan
  A locality plan is to be included which identifies the site and its context.
• Planning Report or Written Description of Works
  For major applications, a planning report addressing the relevant design and planning matters will be required.
  For minor applications, a written description of the works including construction timing, project context and an overview of the planning context is required.

Additional information will likely be required for your application, so please contact the NCA prior to lodging an application to find out what details will be required.

2.3. Lodging an application

• Login to NCA eLodgement Portal

Applications are lodged using the NCA’s Works Approval Electronic Lodgement portal. Prior to lodging an application, please review the information provided below and Public User Guide To The eLodgement System. 

Document

Public User Guide To The eLodgement System

Please note: 

• When uploading supporting documents or reports please name files in a logical manner to ensure easy identification. Failure to do so may result in your application not passing completeness check and your application may rejected.
• The estimated cost of works should be guided by using the Building Cost Guide made by the ACT Government’s Environment and Planning Directorate’s Building (General) (Cost of Building Work) Determination available from the ACT Legislation Register.
• Assessment of applications will not be completed until the required fees have been paid

The NCA is the agency responsible for the guiding the planning and design of the nationally significant parts of Canberra. The Australian Capital Territory (Planning and Land Management) Act 1988 requires that the NCA assess proposals for ‘works’ (‘Works Approval’ applications) in the Designated Areas against the relevant provisions of the National Capital Plan.

The NCA recovers costs associated with the assessment of proposals in the Designated Areas. This practice is consistent with other planning jurisdictions in Australia. Cost recovery is undertaken by the NCA is accordance with the Australian Government Cost Recovery Guidelines (CRGs). 

From 1 December 2015, fees payable for ‘Works Approval’ were adjusted to ensure that they reflect costs incurred by the NCA in assessing proposals for works in the Designated Areas. The changes followed a review process and are documented in a Cost Recovery Implementation Statement (CRIS). The CRIS is updated with financial and business performance measures at the conclusion of each financial year. 

The NCA's Service Charter includes a commitment to finalise its consideration of formal applications within 15 working days. Major projects and those which require consultation or clearance from external agencies may take longer. The NCA takes the following matters into account when assessing applications. 

3.1. The National Capital Plan 

The National Capital Plan (the Plan) is the strategic plan for Canberra and the Territory. It ensures that 'Canberra and the Territory are planned and developed in accordance with their national significance.' It is also the statutory planning instrument and contains detailed planning requirements for the Designated Areas and is the primary document that applications are assessed against. 

3.2. Guidelines and Policies

The NCA may assess proposals against approved master plans, development guidelines or policies to ensure the best outcomes for the National Capital. 

A list of approved Guidelines and Policies is available here.

3.3. External Consultation and Clearances

The NCA will not determine an application until all external consultation and clearances are resolved. Common reasons for external clearance are:

• Land Custodian Approval;
• Development in areas listed on the Commonwealth or National Heritage lists, the applicant may be required to provide evidence of clearance or approval from the Department of the Environment;
• Where projects involve established buildings, artworks, or designed landscape areas, obligations under the Copyright Amendment (Moral Rights) Act 2002 must be met by the owner of the property;
• Consultation with ACT Government agencies may also be required on vehicular access, traffic safety, waste management, storm water drainage, leasing and lease compliance, tree preservation, and verge landscaping and management;
• To ensure a safe and cost effective project, Icon Water approval is required for structures, ground development and excavation prior to submission to the NCA. You can read more about which plans require approval here or head straight to the Icon Water Building Approval page.

3.4. Public consultation requirements

Under the National Capital Plan, requirements for public consultation apply, but are not limited to, certain residential developments, telecommunications facilities (that are not considered low impact) and amending or issuing an instrument under the Plan (including Development Control Plans). In addition, the NCA may undertake community consultation on a proposal in accordance with the NCA's 'Commitment to Community Engagement'.

3.5. Parliamentary Zone development

The Parliamentary Zone - the place of the people is the physical manifestation of Australian democratic government and the home of the nation's most important cultural and judicial institutions and symbols.

Because of this significance, works proposed within the Parliamentary Zone require the approval of the National Capital Authority and also require the approval of both Houses of Federal Parliament.

Works related to maintenance and repair and that are of temporary or minor nature do not require parliamentary approval.

The parliamentary approval process is coordinated by the Authority, but is separate from, and in addition to, the Authority's approval.

Once the NCA makes a decision on a ‘Works Approval’ application, the applicant and any submitters to proposals released for public consultation, will be promptly notified. There is no provision for planning appeal relating to the merits or otherwise of development proposals approved or not supported by the NCA. There is, however, opportunity to challenge the decision administratively. This provides the opportunity for recourse under the Administrative Decisions (Judicial Review) Act 1977 to determine whether processes undertaken to inform a decision of the Authority have been made correctly.

The NCA reserves the right to withdraw inactive applications without notice if:

• no correspondence has been received from the applicant for a period of three months; or
• no contact has been made with the NCA by the applicant for a period of three months. 

The NCA eLodgement System is compatible with all major browsers (Microsoft Edge, Google Chrome, Firefox, Safari); however, users may experience issues with certain functions on outdated browser versions, such as saving attachments. For the best experience, the NCA recommends using the latest versions of Microsoft Edge or Google Chrome. If you encounter any issues, try these troubleshooting steps:

• Try using a different browser
• Use incognito (private) mode in your browser
• Clear your browser’s history and ‘cookies’ cache

The NCA eLodgement System uses the Westpac Payment Gateway 'Qvalent' to process Works Approval fees. Some browsers may not be able to access Qvalent and Westpac applications after 9 October 2017 unless you support the encryption standard known as 'TLS 1.2'. Further information on browser compatibility and 'TLS 1.2' is available by contacting the NCA Works Approval Team on 02 6271 2888 or emailing WorksApproval@nca.gov.au.

6.2. Problems registering an account

If you experience errors or do not receive an email when registering an account, please contact the NCA on 02 6271 2888 and advise the email address you used to register.