Can I build a dual occupancy if there are protected or regulated trees on the block?
Yes, potentially. Having protected or regulated trees on the block does not automatically prevent a dual occupancy, but the development must be designed to appropriately retain and protect trees where required.
ACT Planning says existing regulated or registered trees need to be identified when preparing a development proposal. Depending on the works, you may need an arborist's tree survey/report and a Tree Management Plan.
The Missing Middle Housing Design Guide – 3.3D Tree Retention also recommends conducting a tree survey, incorporating significant existing trees into the site design, establishing appropriate protection zones around retained trees, and protecting them during construction.
If the proposed building, excavation, driveway or other works would affect a protected tree, the design may therefore need to be adjusted around the tree, or the appropriate approval obtained for works affecting it.
Reference: ACT Missing Middle Housing Design Guide – 3.3D Tree Retention – ACT Missing Middle Housing Design Guide
Short Answer
Yes, potentially. Protected trees do not automatically prevent a dual occupancy, but they can affect where the dwellings, driveway and other works can be located. Tree surveys, arborist advice, a Tree Management Plan and/or approval for works affecting protected trees may be required.
Detailed Explanation
Yes, subject to tree-protection requirements. The presence of a protected tree does not itself prohibit dual-occupancy development. However, development must comply with the Urban Forest Act 2023 and applicable Territory Plan requirements.
ACT Planning identifies consideration of existing regulated or registered trees, arborist assessment, tree surveys and Tree Management Plans as relevant to development applications involving protected trees. The DA documentation framework also specifies that a Tree Management Plan identifies trees protected under the Urban Forest Act 2023 that are proposed for removal and measures for trees to be retained.
For dual occupancy specifically, the Missing Middle Housing Design Guide applies to developments containing more than one dwelling and includes 3.3D Tree Retention, which addresses retention and protection of significant existing trees during development.
No minimum block size does not remove the need for planning assessment.
Would you like to know what these rules mean for your property?
Get a Planning Assessment prepared by our experienced planning team.