If my neighbour has done it, does that mean I can do the same thing?
Your neighbour’s development can be a useful example, but it does not guarantee that the same development will be possible on your property.
Even neighbouring blocks can have different circumstances, such as block size and shape, Crown lease provisions, easements, utilities, heritage constraints, existing buildings, access arrangements or applicable planning controls. The neighbour’s development may also have been approved under different requirements or circumstances.
For example, your neighbour may have enough site area and suitable access for a dual occupancy, while your block may have an easement or other constraint that affects where a second dwelling can be located.
Our planning team can assess your individual block and proposed development to determine what may be achievable, rather than relying on what has previously been built or approved nearby.
Reference: ACT Planning, Understanding your Block – https://www.planning.act.gov.au/community/get-to-know-your-block/understanding-your-block
Short Answer
No. A neighbour having a similar development does not automatically mean you can do the same thing on your block. Each property and proposal needs to be assessed against the planning requirements and site conditions that apply to that particular block
Detailed Explanation
A development on a neighbouring property does not establish an automatic entitlement or precedent for the same development on another block.
ACT Planning states that, before preparing a DA, matters to consider include:
- Whether the proposed land use is permitted in the zone.
- Whether the proposal is permitted by the Crown lease.
- The planning requirements applying to the relevant district, suburb, block and zone.
- The suitability of the development for the particular site and surrounding area.
- Utilities, easements, traffic and other relevant government-agency matters.
During DA assessment, the Territory Planning Authority assesses the particular proposal against the relevant statutory requirements, Territory Plan policies, Assessment Outcomes and Assessment Requirements, as well as matters such as site suitability and interaction with adjacent development.
Accordingly, an existing development next door may provide useful context, but the development potential of your property should be established from the controls and constraints applying to your block and your proposal.
Our planning services can review these requirements and assess whether a similar development is realistically achievable on your property before the design progresses.
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.