Can I build a dual occupancy if my block has an easement?
Yes, potentially. Having an easement on your block does not automatically prevent a dual occupancy, but it can restrict where buildings and other structures can be located.
An easement gives another person or organisation rights to use or access part of the land—for example, for stormwater, sewer, water, electricity or access.
If the proposed development affects an easement, the easement and relevant infrastructure must be considered in the design. For example, Icon Water states that permanent structures cannot be built over easements affecting its infrastructure/access, and appropriate access and clearances must be maintained.
Therefore, the dual occupancy may need to be positioned or redesigned around the easement, and approval or written consent from the relevant utility/infrastructure provider may be required where the proposal affects its easement or assets.
Reference: ACT Planning – Easements – https://www.planning.act.gov.au/community/get-to-know-your-block/surveying-a-boundary/easements
Short Answer
Yes, potentially. An easement does not automatically prevent a dual occupancy, but it can restrict where you can build. The development must maintain required access and infrastructure clearances, and approval from the relevant easement or utility provider may be required.
Detailed Explanation
The existence of an easement does not, of itself, prohibit dual-occupancy development. However, the development must respect the legal rights and infrastructure protections associated with the easement.
ACT Planning defines an easement as permitting another person or organisation to use the affected land for a specified purpose, including utility or access purposes. Current ACT Planning guidance also recognises easements and utility infrastructure access or protection spaces as constraints that must be considered when determining whether development can occur in the affected area.
Where utility infrastructure is involved, the requirements of the relevant service provider must also be satisfied. For example, Icon Water prohibits building over its infrastructure or relevant easements/protection spaces without the required prior consent and imposes asset-clearance and access requirements.
No minimum block size does not remove the need for planning assessment.
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