Can a neighbour object because they do not like the design?
Yes. A neighbour can make a representation about the design, but personal preference alone is not enough to determine whether the development should be approved or refused.
For example, saying “I don’t like how the building looks” without explaining a planning concern provides little information for the assessment. However, concerns about the design may be relevant if they relate to matters such as:
- privacy or overlooking;
- solar access;
- building height, bulk or scale;
- traffic or access; or
- how the development interacts with surrounding development.
ACT Planning specifically explains that if representations simply state that people do not like the proposal without giving a reason, there is not enough information for that concern to be considered meaningfully in making the decision.
Example: A neighbour saying “I don’t like the modern design” is essentially a personal preference. If they instead explain that the placement of an upper-storey window creates overlooking into their private open space, that raises a specific planning issue that can be assessed.
Reference: ACT Planning – Comment on a development application – https://www.planning.act.gov.au/applications-and-assessments/development-applications/browse-das/comment-on-a-development-application
Short Answer
Yes, a neighbour can object to the design, but simply saying they do not like it is unlikely to carry weight in the DA assessment. The objection should identify a relevant planning impact or Territory Plan consideration associated with the design.
Detailed Explanation
A neighbour may make a representation on a DA during the applicable public notification period. Representations received within that period must be considered by the Territory Planning Authority. However, there is no requirement for the DA decision to agree with a representation.
When considering representations, the Authority considers matters including:
- the nature of the concern raised;
- the statutory consideration or Territory Plan provision to which it relates;
- its relevance to the application and planning considerations; and
- how the proposed development affects the person making the representation.
ACT Planning therefore encourages representations to focus on the planning implications of the proposed development, such as its interaction with surrounding development and impacts on privacy, solar access or traffic, rather than simply stating support or opposition without explaining why.
Accordingly, a neighbour is entitled to object because they dislike a design, but personal dislike by itself is not a planning ground that determines the DA. If the design concern relates to an applicable Assessment Outcome, statutory consideration or other relevant planning impact, that issue can be considered as part of the assessment.
No minimum block size does not remove the need for planning assessment.
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