Can I build over or near an easement?
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
Short Answer
It depends on the easement. An easement may restrict where a dual occupancy can be built. The development may need to maintain required clearances, obtain relevant entity approval, or be designed around the easement.
Detailed Explanation
There is no single rule applying to every easement. The ability to develop over or near an easement depends on the easement's purpose, the rights attached to it, any infrastructure or protection space affected, and the requirements of the relevant entity.
For a Development Application, easements and utility infrastructure are relevant site constraints and may require entity advice or endorsement. Conditions of Development Approval may also require work to be undertaken to the satisfaction of a specified entity or require another approval before development proceeds.
No minimum block size does not remove the need for planning assessment.
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