What determines whether a dual occupancy is permitted on an RZ1 property?
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The Territory Plan 2023 determines whether a dual occupancy is permitted on an RZ1 property.
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Under Part E – Zone Policies, E1 Residential Zones Policy, the RZ1 land use table identifies multi-unit housing as a permissible use.
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While the land use table does not specifically refer to "dual occupancy", Part G – Dictionary defines dual occupancy as a form of multi-unit housing.
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Therefore, dual occupancy is considered a permissible form of development in RZ1, subject to compliance with the applicable Territory Plan assessment requirements and approval under the Planning Act 2023 (ACT).
Reference: Territory Plan 2023 – Part E, E1 Residential Zones Policy (Land Use Table) & Part G Dictionary (definitions) – https://www.legislation.act.gov.au/ni/2023-540/Current
Short Answer
A dual occupancy is permitted in RZ1 because the Territory Plan 2023 – Part E, E1 Residential Zones Policy permits multi-unit housing in the RZ1 zone. The Part G Dictionary defines dual occupancy as a form of multi-unit housing. Therefore, dual occupancy may be considered in RZ1, subject to compliance with the relevant assessment requirements and approval process under the Planning Act 2023 (ACT).
Detailed Explanation
The permissibility of dual occupancy on an RZ1 – Suburban Zone property is determined by the Territory Plan 2023.
Under Part E – Zone Policies, E1 Residential Zones Policy, the RZ1 land use table identifies multi-unit housing as a permitted use. The table does not separately list dual occupancy; however, Part G – Dictionary defines dual occupancy as a type of multi-unit housing. Therefore, dual occupancy falls within the permitted multi-unit housing land use category in RZ1.
Although dual occupancy is a permissible use, the proposal must still comply with the applicable Territory Plan assessment requirements, including relevant design, development and site requirements, and must obtain any required approval under the Planning Act 2023 (ACT).
No minimum block size does not remove the need for planning assessment.
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