Can neighbours object to a proposed dual occupancy?
Yes. Neighbours can submit a representation (comment or objection) during the public notification period for a dual occupancy Development Application.
The Territory Planning Authority must consider representations received within the notification period. Relevant concerns can include matters such as privacy, solar access, traffic and impacts on surrounding development.
However, an objection does not automatically prevent the dual occupancy from being approved. The decision is based on the planning merits of the proposal, not simply on the number of objections received.
Reference: ACT Government – Public Notification and Representations – https://www.planning.act.gov.au/applications-and-assessments/development-applications/after-you-apply
Short Answer
Yes. Neighbours can submit a comment or objection during the DA's public notification period, but an objection does not automatically stop the development from being approved.
Detailed Explanation
Yes. Under section 180 of the Planning Act 2023, anyone may make a written representation about a Development Application that has been publicly notified, provided the representation is made during the applicable public notification period.
The Territory Planning Authority must consider representations received during the notification period as part of its assessment. A representation does not give a neighbour a right to veto the development; the Authority determines the application having regard to the applicable statutory planning requirements and relevant planning considerations.
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.