Can easements or utility infrastructure prevent a dual occupancy?
Yes, they can affect a dual occupancy. Easements, sewer or stormwater pipes, electricity infrastructure and other utility services can restrict where buildings can be located on the block.
You may need to keep certain areas clear so utility providers can access and maintain their infrastructure. In some circumstances, building within an easement or utility protection area may require written approval from the relevant utility provider.
This does not necessarily mean you cannot build a dual occupancy, but the easement or infrastructure may affect the location, size and layout of the dwellings.
Reference: ACT Easements – https://www.planning.act.gov.au/community/get-to-know-your-block/surveying-a-boundary/easements
Short Answer
Yes, they can restrict the design. Easements and utility infrastructure may limit where a dual occupancy can be built because access and clearance areas may need to be maintained. This can affect the size and location of the dwellings, but does not necessarily prevent dual occupancy altogether.
Detailed Explanation
Yes. Existing easements and utility infrastructure may constrain dual occupancy development by restricting development within areas required for utility access, protection and maintenance.
ACT Government guidance recognises easements for infrastructure providers to access utilities such as stormwater and electricity. Development within an easement, utility infrastructure access area or protection space may also require written permission from the relevant entity, depending on the applicable requirements.
Accordingly, easements and utility infrastructure do not necessarily prohibit dual occupancy but may materially affect the developable area and configuration of the site.
No minimum block size does not remove the need for planning assessment.
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