Yes, potentially. Having an easement on your block does not automatically prevent a dual occupancy, but it can restrict where buildings and other structures can be located.

An easement gives another person or organisation rights to use or access part of the land—for example, for stormwater, sewer, water, electricity or access.

If the proposed development affects an easement, the easement and relevant infrastructure must be considered in the design. For example, Icon Water states that permanent structures cannot be built over easements affecting its infrastructure/access, and appropriate access and clearances must be maintained.

Therefore, the dual occupancy may need to be positioned or redesigned around the easement, and approval or written consent from the relevant utility/infrastructure provider may be required where the proposal affects its easement or assets.

Reference: ACT Planning – Easements – https://www.planning.act.gov.au/community/get-to-know-your-block/surveying-a-boundary/easements

Yes, potentially. Having protected or regulated trees on the block does not automatically prevent a dual occupancy, but the development must be designed to appropriately retain and protect trees where required.

ACT Planning says existing regulated or registered trees need to be identified when preparing a development proposal. Depending on the works, you may need an arborist’s tree survey/report and a Tree Management Plan.

The Missing Middle Housing Design Guide – 3.3D Tree Retention also recommends conducting a tree survey, incorporating significant existing trees into the site design, establishing appropriate protection zones around retained trees, and protecting them during construction.

If the proposed building, excavation, driveway or other works would affect a protected tree, the design may therefore need to be adjusted around the tree, or the appropriate approval obtained for works affecting it.

Reference: ACT Missing Middle Housing Design Guide – 3.3D Tree Retention – ACT Missing Middle Housing Design Guide

It depends on the easement. An easement can restrict where a dual occupancy, driveway or other structures can be located, so it should be identified and considered when designing the development.

For a dual-occupancy DA, the requirements depend on the purpose of the easement and the entity responsible for it. You may need to maintain required clearances, obtain advice or approval from the relevant entity, or redesign the development so it does not interfere with the easement. ACT Planning specifically identifies utilities and easements as matters that should be considered when preparing a DA.

Reference: ACT Planning – Easements – https://www.planning.act.gov.au/community/get-to-know-your-block/surveying-a-boundary/easements

Building height on a sloping block is measured from Datum Ground Level (DGL) to the highest point of the building.

ACT Planning’s Advisory Note 09 specifically explains that DGL is the base used for calculating building height. It is determined from an authorised field survey from the time of subdivision or grant of the lease. If that information is unavailable, a registered surveyor determines the best estimate having regard to surrounding ground levels. For a DA, the DGL is normally shown on the field survey submitted with the application.

This means the building height on a sloping site is assessed against the surveyed DGL, rather than simply measuring from the lowest or highest point of the current ground.

Reference: ACT Advisory Note 09 – Building Heights, Storeys and Basements – Building heights, storeys and basements

Generally, no. A driveway or other hard-paved vehicle area should not be counted as planting/landscaped area where the applicable Territory Plan requirement is specifically for planting area.

The current Residential Zones Technical Specifications 2026 (NI2026-303) distinguishes planting areas from driveways, parking and other hard-surfaced areas. For dual-occupancy/multi-unit development, the required planting area must be capable of supporting planting and tree canopy, so ordinary driveway paving cannot simply be included in that calculation.

Some forms of landscaping or specially designed permeable surfaces may serve other environmental or site-design purposes, but that does not automatically make them qualifying planting area.

Planning (Residential Zones) Technical Specifications 2026 (NI2026-303) – Planning (Residential Zones) Technical Specifications 2026 | PDF

Yes. Existing trees that are retained can count toward the applicable tree planting and canopy-cover requirements. Where an existing tree is relied on for canopy cover, it must meet requirements relating to tree health, protection during construction, adequate deep-soil area and suitable location.

Reference: Planning (Residential Zones) Technical Specifications 2026 (NI2026-303) – https://www.legislation.act.gov.au/View/ni/2026-303/current/PDF/2026-303.PDF