Can an existing garage or shed remain as part of a dual-occupancy development?
Yes, potentially. An existing garage, shed or other Class 10 structure does not automatically have to be demolished simply because a dual occupancy is proposed.
It may remain where it can be incorporated into the proposed development and the overall dual occupancy complies with the applicable ACT planning requirements. Existing Class 10 structures should therefore be shown on the development plans and considered as part of the overall site design, including their relationship to the new dwellings, parking, setbacks and other applicable requirements.
The existing structure should also have the necessary approval or lawful status. ACT Planning separately recognises garages and sheds as Class 10a buildings and provides specific DA and BA exemption criteria for these structures.
Reference:
Short Answer
Yes, potentially. An existing garage or shed can remain as part of a dual-occupancy development if it has the appropriate approval or exemption status and the overall proposal complies with the applicable planning requirements.
Detailed Explanation
Yes, subject to compliance. There is no general requirement that an existing Class 10 building or structure must be removed solely because the site is being developed for dual occupancy.
Retention will depend on whether the structure is lawfully established or otherwise satisfies the applicable approval/exemption requirements, and whether the development as a whole complies with the Territory Plan and other applicable requirements. ACT Planning identifies garages and sheds as Class 10a buildings and specifies circumstances in which such structures may be exempt from DA or BA.
If the retained garage is associated with one of the dwellings, it is also relevant that ACT Planning's dual-occupancy guidance expressly recognises a garage or other outbuilding associated with a dwelling when discussing RZ1 dual occupancies.
No minimum block size does not remove the need for planning assessment.
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