Can I build a dual occupancy if my property is in a heritage area?
Yes, potentially. A dual occupancy may be possible on a property in a heritage area if it is permitted under the applicable ACT planning rules. However, the proposal must also address the property's heritage significance.
If the property is heritage-listed or within a heritage precinct, the design may need to minimise impacts on important heritage features and character. This can affect the location, scale, appearance, landscaping and treatment of existing buildings.
The applicable Heritage Register citation and heritage guidelines should also be checked for the particular property or precinct.
Reference:
Territory Plan 2023 – Part E01 Residential Zone Policy – Territory Plan 2023 | Notifiable instruments
Heritage Act 2004 – Part 10, s 61; Applicable Heritage Register citation and Heritage Guidelines – https://www.legislation.act.gov.au/View/a/2004-57/current/html/2004-57.html
Short Answer
Yes, potentially. A dual occupancy may be possible in a heritage area if permitted under the applicable planning rules, but the development must also consider and minimise impacts on the property's heritage significance.
Detailed Explanation
Yes, subject to the applicable planning and heritage requirements. Whether dual occupancy is permitted is determined under the Territory Plan, including the Residential Zones Policy and other applicable planning controls.
Where the development affects a place or object with heritage significance, Part 10, s 61 of the Heritage Act 2004 (ACT) requires Heritage Council advice to address the effect of the proposed development on its heritage significance and ways of avoiding or minimising that impact. The Heritage Council may also recommend conditions concerning the minimisation of heritage impacts, applicable heritage guidelines or an approved conservation management plan.
Accordingly, heritage status does not itself determine whether dual occupancy is a permitted land use, but it can impose additional considerations that affect whether and how the proposed development can proceed.
No minimum block size does not remove the need for planning assessment.
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