Yes. Existing utility easements can significantly affect where a second dwelling in a dual occupancy can be located. Easements protect access to infrastructure such as sewer, water, stormwater, electricity and other services, and the proposed dwelling must respect the applicable access and asset-protection requirements.

For Icon Water infrastructure, the location of easements, pipe protection envelopes, zones of influence and required access ways can restrict where building is permitted. Icon Water specifically advises applicants for homes and dual occupancies to identify these constraints before beginning the design.

For stormwater easements, the restrictions can be particularly important: ACT City Services states that new dwellings and buildings are not permitted within stormwater easements. Footings and foundations adjacent to an easement must also be positioned and designed so they do not load the stormwater pipe or prevent future access and excavation.

Therefore, an easement may require the second dwelling to be repositioned or redesigned, and the relevant utility or infrastructure authority may need to approve works near its assets.

Reference: Icon Water, Applications for Homes and Dual Occupancies and Where Can I Build on My Property? – https://www.iconwater.com.au/Developers-and-Renovators/project-applications-compliance/applications-change

ACT driveway standards prescribe minimum clearances from street trees, utility infrastructure and intersections. For a dual-occupancy driveway, the location should be checked against these clearances before the access is finalised.

• Existing mature street tree: the driveway must be outside the greater of the tree’s canopy drip line or the minimum offset specified in MIS 07. In some circumstances, works within the canopy drip line may be considered where they remain outside the Structural Root Zone and appropriate tree-protection measures are demonstrated.
• New or small street tree: the required clearance is determined under MIS 07, Section 2.2.3, based on the applicable tree requirements.
• Power pole, streetlight column, mini-pillar or padmount substation: at least 1.5 m from the outside edge of the asset to the edge of the driveway.
• Ground-level services such as pits and manholes: generally at least 1.2 m clear, although MIS 07 contains asset-specific requirements.
• Intersection: for a block at an intersection, City Services requires the driveway to be at least 6 m clear of the tangent point.

The driveway must also maintain appropriate sightlines to oncoming traffic, taking into account street trees and other structures or obstructions.

Reference: Municipal Infrastructure Standard 07 (MIS 07) Driveways, Edition 1 Revision 2 – Sections 2.1.2 and 2.2.3, Tables 7-1 and associated tree-clearance tables – Municipal Infrastructure Standard 07 Driveways (Edition 1 Revision 2)

Yes, in some circumstances. A neighbour who made a representation during the DA notification period may be able to apply to the ACT Civil and Administrative Tribunal (ACAT) for review of an approved or conditionally approved dual-occupancy DA if the decision may cause them material detriment. A person who had a reasonable excuse for not making a representation may also have review rights in some circumstances.

However, not every dual-occupancy approval can be appealed by a neighbour. The Planning Act 2023 contains specific matters that are exempt from third-party ACAT review. The Notice of Decision should therefore be checked to confirm whether review rights apply to the particular DA.

Where a third-party ACAT review right applies, the application generally must be lodged within 20 working days of receiving the decision.

Reference: ACT planning Amend or appeal an application – https://www.planning.act.gov.au/applications-and-assessments/development-applications/amend-or-appeal-an-application

Yes, potentially. The two dwellings in a dual occupancy do not necessarily have to be the same size.

For an RZ1 dual occupancy on a standard block proposed for unit titling, the Subdivision Policy requires one dwelling to have a maximum dwelling size of 120 m². This requirement applies to one dwelling only, so the other dwelling may be larger, subject to all other applicable planning requirements. ACT Planning likewise explains the rule as requiring “one dwelling” to be no more than 120 m².

Reference: ACT Territory Plan, F01 Subdivision Policy – Territory Plan 2023 | Notifiable instruments

Not generally. There is no single maximum floor area that applies to each dwelling in every dual occupancy. The allowable size depends on the zone and the applicable planning controls.

A specific 120 m² dwelling-size limit is relevant to certain RZ1 dual occupancies. For example, where an RZ1 dual occupancy on a standard block is proposed for unit titling, the applicable subdivision provisions require the block to be at least 800 m² and one of the dwellings to have a maximum dwelling size of 120 m². The 120 m² limit applies to one dwelling, not both dwellings.

The size of the overall dual occupancy is also affected by other applicable planning controls, including site coverage, setbacks and building height.

Reference: ACT Territory Plan, Part F01 Subdivision Policy – Assessment Requirement 14 – Territory Plan 2023 | Notifiable instruments

Possibly. If a Development Application is amended during assessment, ACT Planning will determine whether the changed application needs further public notification.

If further notification is required, the amended application is notified again using the applicable notification methods, and people who made a representation on the original DA must be notified in writing. The public can then make further representations on the changes.

Further public notification may be waived where ACT Planning is satisfied that the changes result in no or only a minimal increase in the adverse or environmental impacts of the development.

Reference: ACT Planning, After you Apply, Further entity referrals and further public notification – https://www.planning.act.gov.au/applications-and-assessments/development-applications/after-you-apply