Can a dual occupancy be DA exempt?
No. A new dual occupancy is not DA-exempt and requires a Development Application (DA).
The ACT Government specifically states that a dual occupancy development does not meet the requirements for exempt development under the Planning Act and that a DA must be prepared and lodged with the Territory Planning Authority.
The proposal must then be assessed against the applicable Territory Plan requirements for dual occupancy.
Reference: Planning (Exempt Development) Regulation 2023 – Schedule 1, Sections 1.10 and 1.15 – Criterion 5: No multiple occupancy dwellings – Planning (Exempt Development) Regulation 2023
Short Answer
No. A new dual occupancy is not DA-exempt and requires a Development Application.
Detailed Explanation
No. The construction of a dual occupancy is not prescribed as exempt development under the applicable Planning (Exempt Development) Regulation 2023.
Accordingly, a dual occupancy development requires development approval and must be assessed against the applicable Territory Plan assessment outcomes and requirements.
No minimum block size does not remove the need for planning assessment.
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