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You generally cannot choose whichever planning requirement is easier to satisfy.
First, check the wording carefully. Two requirements that initially appear to conflict may actually apply to different development types, zones, parts of a block or circumstances.
If they genuinely conflict and come from different parts of the Territory Plan, check the Territory Plan hierarchy to determine which has priority.
If both requirements are in the same policy, the hierarchy does not make one more important than the other. Both should be addressed where they apply.
Example: If two requirements within the Residential Zones Policy appear to give different requirements for a dual occupancy, first check whether one applies only to a particular zone or type of development. If both are applicable mandatory Assessment Requirements, the design needs to satisfy both rather than selecting one over the other.
Reference: Territory Plan – Part A: Administration and Governance – Hierarchy of Territory Plan components
Last reviewed 4 September 2026
Potentially. Assessment Outcome 23 previously had no applicable specification. The 2026 instrument adds that where a block is registered or provisionally registered on the ACT Heritage Register, development complies with any heritage guideline, order or agreement made under the Heritage Act 2004, and does not diminish the heritage significance of the place. Developments at such a block achieve endorsement from the ACT Heritage Council. This only bites if the block is on the Register. Reference: NI2026-303, specs 23.1 and 23.2
Last reviewed 24 July 2026
General information only. Not legal or planning advice. Always refer to the Territory Plan
and seek professional advice for your specific situation.