What planning provisions determine whether a secondary residence is permitted?
Residential Zones Policy Land Use Table permits secondary residence for residential zones. The proposal must also comply with the relevant assessment requirements and obtain any required approval under the Planning Act 2023 (ACT).
Reference: Territory Plan 2023 – Part E, E1 Residential Zones Policy (Land Use Table) – https://www.legislation.act.gov.au/ni/2023-540/Current
Short Answer
A secondary residence is permitted where it is identified as a permitted land use under the applicable Territory Plan 2023 Zone Policy. For residential zones, the E01 – Residential Zones Policy land use table permits a secondary residence. The proposal must also comply with the relevant assessment requirements and obtain any required approval under the Planning Act 2023 (ACT).
Detailed Explanation
Whether a secondary residence is permitted is determined by the Territory Plan 2023, specifically by checking the applicable Zone Policy land use table for the property’s zoning. The ACT Government’s guidance on secondary residences states that the first step is to identify the land use zone and then check the relevant Zone Policy land use table to confirm whether the use is permitted. For residential zones, a secondary residence is permitted by the Zone Policy.
However, permission as a land use does not mean automatic approval. The proposal must still satisfy the applicable Territory Plan assessment requirements, including any relevant development controls, and may require approval under the Planning Act 2023 (ACT).
No minimum block size does not remove the need for planning assessment.
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