Can neighbours appeal an approved dual-occupancy DA?
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
Short Answer
Yes, potentially. A neighbour who made a representation may be able to appeal an approved dual-occupancy DA to ACAT if the decision may cause them material detriment and the approval is not exempt from third-party review.
Detailed Explanation
Yes, where third-party review rights apply. A representor, or in certain circumstances a person who had a reasonable excuse for not making a representation, may seek ACAT review of a decision to approve or conditionally approve a DA where the statutory requirements are satisfied, including the applicable material detriment test.
Third-party review rights are subject to the exclusions in Schedule 6 of the Planning Act 2023. Accordingly, whether an approved dual-occupancy DA is reviewable must be determined by reference to Schedules 5 and 6 and the particular circumstances of the approval.
No minimum block size does not remove the need for planning assessment.
Would you like to know what these rules mean for your property?
Get a Planning Assessment prepared by our experienced planning team.