Can private open space be shared between the dwellings?
Think of POS as the amount of usable outdoor space that the development needs to keep on the block.
For example, if there are two dwellings on one block, the rules do not necessarily mean:
"Dwelling 1 must have Backyard A + Dwelling 2 must have Backyard B, with a fence separating them."
An outdoor area may potentially be accessible to and enjoyed by both dwellings, provided the development as a whole meets the applicable POS requirements.
The important distinction is Principal Private Open Space (PPOS). That's the particularly useful outdoor-living area connected closely to the home. PPOS has requirements about its dimensions and its relationship to a habitable room/outdoor living area. A general shared garden therefore shouldn't automatically be treated as satisfying the PPOS requirement for both dwellings.
Reference: Planning (Residential Zones) Technical Specifications 2026 (NI2026-303), Assessment Outcome 11 Private open space and Communal open space – https://www.legislation.act.gov.au/View/ni/2026-303/current/PDF/2026-303.PDF
Short Answer
Generally, yes — private open space (POS) can potentially be used/shared between dwellings on the same block. I would correct my earlier answer: NI2026-303 does not appear to say that each dwelling must have its own completely separate POS area.
However, Principal Private Open Space (PPOS) has additional requirements associated with the dwelling, so you should not assume that one common/shared area can satisfy every PPOS requirement.
Detailed Explanation
Under the Planning (Residential Zones) Technical Specifications 2026 (NI2026-303), a distinction is made between Private Open Space (POS) and Principal Private Open Space (PPOS).
The Technical Specifications regulate the amount and configuration of POS and impose additional requirements on PPOS, including its dimensions and relationship to the dwelling. There does not appear to be a general provision requiring all POS to be physically fenced or exclusively allocated to one dwelling.
Accordingly, shared POS may be possible, but the development must still demonstrate compliance with the applicable POS/PPOS requirements for the particular development type. A common area should therefore not automatically be double-counted as satisfying the PPOS requirement for multiple dwellings without checking the relevant specifications.
No minimum block size does not remove the need for planning assessment.
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