Do existing utility easements affect where the second dwelling can be built?
Yes. Existing utility easements can significantly affect where a second dwelling in a dual occupancy can be located. Easements protect access to infrastructure such as sewer, water, stormwater, electricity and other services, and the proposed dwelling must respect the applicable access and asset-protection requirements.
For Icon Water infrastructure, the location of easements, pipe protection envelopes, zones of influence and required access ways can restrict where building is permitted. Icon Water specifically advises applicants for homes and dual occupancies to identify these constraints before beginning the design.
For stormwater easements, the restrictions can be particularly important: ACT City Services states that new dwellings and buildings are not permitted within stormwater easements. Footings and foundations adjacent to an easement must also be positioned and designed so they do not load the stormwater pipe or prevent future access and excavation.
Therefore, an easement may require the second dwelling to be repositioned or redesigned, and the relevant utility or infrastructure authority may need to approve works near its assets.
Reference: Icon Water, Applications for Homes and Dual Occupancies and Where Can I Build on My Property? – https://www.iconwater.com.au/Developers-and-Renovators/project-applications-compliance/applications-change
Short Answer
Yes. Utility easements can restrict where the second dwelling is built. The design must maintain the required asset clearances and access, and new dwellings cannot be built within stormwater easements.
Detailed Explanation
Yes. Existing utility easements and associated infrastructure protection requirements are development constraints that must be considered when locating a second dwelling.
For Icon Water assets, easements, pipe protection envelopes, zones of influence and access requirements can restrict the permissible building footprint. Icon Water requires the location of relevant assets to be established and the applicable clearances determined as part of the design process.
For Territory stormwater infrastructure, new dwellings and buildings are prohibited within stormwater easements. Construction adjacent to an easement must also maintain appropriate footing/foundation clearances, avoid loading the pipe and preserve access for future maintenance. Approval is required for construction or modification works near stormwater easements.
No minimum block size does not remove the need for planning assessment.
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