Why was a similar development approved nearby but mine may not be?
Two developments can look very similar but have different planning outcomes because the blocks and proposals may not be the same.
The nearby property may have a different block size or shape, zoning, Crown lease, setbacks, easements, utilities, access, heritage constraints or relationship with neighbouring properties. It may also have been designed differently in ways that are not obvious from the street. ACT Planning confirms that these site-specific matters affect how a DA is assessed.
For example, two neighbouring blocks may both propose a dual occupancy, but one block may have an easement that restricts the building footprint or a different access arrangement that makes the same design unsuitable.
Our planning team can review both your property and relevant nearby approvals to understand why a similar development was approved and determine what may be achievable on your block.
ACT Planning. Understanding your Block – https://www.planning.act.gov.au/community/get-to-know-your-block/understanding-your-block
Short Answer
Because every Development Application is assessed on its own site, design and applicable planning requirements. A similar development nearby can be useful context, but its approval does not guarantee that the same development will be approved on your property.
Detailed Explanation
A nearby approval does not create an automatic planning precedent or entitlement for another property. The Territory Planning Authority assesses the particular DA against the planning framework and circumstances applying to that proposal.
During the Territory Plan and Statutory Assessment, the Authority considers the relevant:
- statutory requirements;
- District and Zone Policies;
- Assessment Outcomes and mandatory Assessment Requirements;
- suitability of the development in the context of the site and surrounds;
- probable impacts of the proposal;
- interaction with adjacent development;
- public representations and relevant entity advice; and
- applicable design guides and Planning Technical Specifications.
This means two apparently similar developments can legitimately receive different outcomes because of differences in their site conditions, design response, applicable controls or impacts.
If a nearby approval appears relevant, our planning services can review the approved DA and compare it against the planning controls and constraints applying to your property. This can help identify which aspects of the nearby development may be applicable to your proposal and which may need a different design approach.
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.