Can I discuss my proposed development with my neighbours before lodging the DA?
Yes. You can discuss the proposal with neighbours before the DA is lodged, and doing so can be useful for identifying concerns early.
You might show them the proposed site plan or elevations and discuss matters that could affect them, such as privacy, building height, setbacks, overshadowing or construction access. This gives the design team an opportunity to consider relevant concerns before the plans are finalised.
However, speaking with neighbours beforehand does not replace the formal public notification process. Once a DA is lodged, public notification is a formal part of the assessment process and neighbours may still make a representation on the application.
Example: Before lodging a dual-occupancy DA, you could show the adjoining owner the proposed plans and discuss the location of upper-floor windows. If they raise a reasonable privacy concern, the design could be reviewed before lodgement.
Reference: ACT Planning, After you Apply – https://www.planning.act.gov.au/applications-and-assessments/development-applications/after-you-apply
Short Answer
Yes. You can speak with your neighbours before lodging a DA. For most residential DAs, informal consultation with neighbours is optional, although particular development pathways may have specific pre-lodgement consultation or notification requirements.
Detailed Explanation
The ACT planning system allows consultation to occur before a DA is lodged. ACT Planning's pre-application framework recognises that much of the preparation and consideration of a development occurs before lodgement, including consideration of how the proposal interacts with neighbouring developments and surrounding blocks.
For an ordinary residential DA, there is generally no requirement to obtain a neighbour's agreement or approval before lodging the DA merely because they are adjoining the development. Their opportunity to formally comment normally arises through the statutory public notification process after lodgement. ACT Planning states that public notification applies to all DAs, subject to the particular notification requirements and exemptions that apply.
There are, however, situations where pre-lodgement neighbour or community involvement is specifically required. For example, certain DA-exempt single-dwelling development requires information about the proposal to be provided to adjoining neighbours. Other specific processes, such as significant development, may also involve formal pre-DA consultation requirements.
Accordingly, you are free to consult neighbours before lodging a DA, but informal neighbour consultation should not be confused with any statutory consultation or public-notification requirement that applies to the particular development pathway.
No minimum block size does not remove the need for planning assessment.
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