How much weight does ACT Planning give to the Missing Middle Housing Design Guide?
It is an important assessment tool, but it does not override the Territory Plan. ACT Planning uses the Missing Middle Housing Design Guide (MMHDG) when assessing relevant Development Applications, including dual occupancies. ACT Planning states that applicants must meet the Territory Plan requirements and explain how they have considered the relevant Design Guide; assessment teams use both when making a decision.
For a dual occupancy of 3 storeys or less, the MMHDG applies because it covers residential proposals providing more than one dwelling. A Design Response is required to show how the applicable elements of the Guide have been considered and implemented.
However, the Guide demonstrates ways of achieving Assessment Outcomes; it is not necessarily the only acceptable design solution. An alternative approach can be proposed, but the applicant needs to substantiate how it comprehensively addresses the relevant Assessment Outcome.
Reference: Planning (Missing Middle Housing) Design Guide 2026 (NI2026-312)- ACT Missing Middle Housing Design Guide & Planning Act 2023 – Section 50 – https://www.legislation.act.gov.au/View/a/2023-18/current/html/2023-18.html
Short Answer
ACT Planning gives the Missing Middle Housing Design Guide significant consideration when assessing a dual-occupancy DA, but the Territory Plan remains the primary source of planning requirements. The Guide helps demonstrate how Assessment Outcomes can be achieved, and alternative solutions may be accepted if they comprehensively address the relevant outcomes.
Detailed Explanation
The MMHDG is a notifiable instrument made under s 50 of the Planning Act 2023 and is a relevant consideration in the assessment of development proposals to which it applies. ACT Planning considers the Guide alongside the applicable Territory Plan policy outcomes, Assessment Outcomes and Assessment Requirements.
Compliance with a particular design response in the Guide is not necessarily mandatory in the same manner as an Assessment Requirement. The Guide supports the interpretation and application of Assessment Outcomes, and an alternative design approach may be accepted where it can be demonstrated that the relevant Assessment Outcome is comprehensively addressed.
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.