Scenario
Dianne and Jack, a couple in their 60s, love their street and neighbourhood and want to age in place. They would like to continue to live in their current home. They feel the garden is too large for them to continue to maintain as they get older.
Dianne and Jack heard about the option for dual occupancies on RZ1 blocks to be unit titled. They explore the idea of building a dual occupancy on their existing land. They would like to live in one residence and sell the other.
Once they have done their own permissibility check, they would like to engage an architect. The architect will support them with the project.
Proposal: Dual Occupancy
Address: 1 Example Street, Holder
Land Use Zone: RZ1 Suburban
Block Area: 900m2
Dianne and Jack's journey
Information gathering
Dianne and Jack want to know the basics of the planning system before contacting an architect.
Step 1: Understand the legislation
Diane visits the Planning website. She finds the dual occupancies and small-scale multi-unit proposals factsheet [519.7 KB].
The factsheet, along with other available resources, makes it easier for the couple to navigate the planning system.
Check permissibility
Check if the proposal is permissible. Diane and Jack follow the guidance in the factsheet.
Step 2: What land use is my proposal?
Dianne and Jack look at the Territory Plan Dictionary. They learn what they want is called 'multi-unit housing' land use.
Step 3: What district is my development in?
Dianne looks at the Weston Creek District Policy in the Territory Plan. She confirms that the land is in the Western Creek District.
Step 4: What land use zone is my development in?
Jack uses the Territory Plan layer on ACTmapi to confirm their block is in an RZ1 zone.
Step 5: Is what I want to do permitted?
Now Dianne and Jack know the information about their block. They read the relevant Territory Plan policies to check if their proposal is permissible. They review the Territory Plan's Western Creek District Policy and Residential Zone Policy.
They find their proposed use of multi-unit housing is permissible.
Step 6: What does my Crown Lease say?
Dianne and Jack do not have a copy of their Crown Lease. They purchase a new copy online using the ACT Land Information System Title Search. Dianne and Jack search for their address using the search function, they click their block, then 'order title details'.
After they download the Crown lease from the title details, they find their block is leased for single dwelling housing, or residential purposes without limiting the number of dwellings. After reading the factsheet, they know this means a lease variation is required.
Step 7: How much will this cost
The overall cost of undertaking a dual occupancy development will vary depending on a few variables. The most significant cost to consider is what charge may apply when varying the Crown Lease - a Lease Variation Charge (LVC).
There are few things to consider with LVCs for dual occupancy developments in RZ1 zoned blocks:
- The remaining term of the Crown lease must be at least 50 years.
- Different LVCs will apply. This depends on whether the existing Crown lease limits or does not limit the number of dwellings permitted on the block:
- For Crown leases that do not limit the maximum number of dwellings:
- the codified LVC (under schedule 1 DI 2023-278) of $40,000 per dwelling will apply. This charge will generally apply to variations of older residential leases.
- For Crown leases that do not limit the maximum number of dwellings:
- For Crown leases that do limit the maximum number of dwellings:
- The LVC outlined in schedule 2 (DI 2023-278) will apply. This ranges from $63,333 to $315,000 (a 25% remission would currently be included) per additional dwelling, depending on suburb and locality. This LVC applies to variations in established areas where the Crown lease expresses a limit on the number of dwellings.
- For Crown leases in new suburbs that are not covered by either schedule 1 or 2, such as Strathnairn or Whitlam:
- An LVC of 75% of the increase in land value will apply. A DA for this will need to be accompanied by a private valuer’s report.
Dianne and Jack use the guide on how to interpret Crown leases and other helpful resources on the ACT Planning website. This helps identify that they have 60 years remaining on their lease. This means they do not need to apply for a further Crown lease. They also highlight that their Crown lease does not limit the number of dwellings permitted on the block. They estimate that the LVC that will likely apply is $80,000 ($40,000 for both dwellings).
In addition to LVC, there are fees associated with making a unit titling application and making a DA. These vary each financial year, so Dianne and Jack refer to Planning Fees and Charges [403.2 KB] to get the most up-to-date fee advice.
Preparing plans
Diane and Jack hire an architect to help prepare their plans. The architect will bring their ideas and make sure the plans comply with the Territory Plan. The architect focuses on creating plans that will result in good outcomes. This includes Diane and Jack, their neighbours, future occupants and the environment.
Step 8: What are the planning controls for my district, suburb and block?
The architect refers to the Weston Creek District Policy. The policy does not contain any outcomes and requirements relevant to the couple's block.
Step 9: What are the key planning controls?
The proposed development is within a residential zone. This includes a subdivision under the Unit Title Act 2001 and requires a lease variation. The architect refers to the Residential Zone Policy, Subdivision Policy and Lease Variation Policy.
The architect confirms the key mandatory requirements that apply:
- minimum block area required to unit title the second dwelling is 800 m2
- one dwelling is limited to 120m2 in size (approximately floor area, excluding the garage)
- both dwellings are required to be lawfully constructed to be unit titled
- maximum site coverage is 45% of the block area
- no more than 2 dwellings allowed per standard block
- maximum height is 2 storeys.
The architect also notes the assessment outcomes, including:
- the scale of development is appropriate for the site
- adverse impacts to other dwellings (including between the dwellings on the site) are reduced.
- reasonable solar access for the proposed dwellings and to adjoining dwellings
- deep soil zones to support healthy tree growth
- configuring new blocks to suit the use for two dwellings.
Step 10: What Design Guides apply to my development?
As the development is for a dual occupancy development, consideration of the Housing Design Guide [15.0 MB] is required.
A few examples of how the plans are created by the Housing Design Guide include:
- Diane and Jack want to lower their energy consumption to save money on future utility bills. The architect makes sure the dwellings are laid out and orientated to maximise solar access to habitable rooms. They allow natural ventilation through the whole dwelling. The design relies on the sun and natural ventilation to help heat and cool the home. The couple’s reliance on air-conditioning and heating will drop. This will save money on utilities in the future.
- The architect plans for both dwellings to have clear and dedicated entries. This will maintain the couple’s privacy and safety. Both dwellings will face the street and have ground floor entrances to be separated by unique front gardens. This will help to give everyone their own private space. It will increase passive surveillance to the streets. This increases the perceived safety. It also creates more opportunity for neighbours to meet. This fosters a better sense of community.
- Diane and Jack like to host BBQs and other outdoor gatherings all year round. The architect plans to locate their principal private open space directly adjacent to the kitchen and main living area. This will be on the north-side of the dwelling. The couple note that a north-facing open space may be exposed to the harsh summer sun. To address this, they request a large deep root soil planting zone be included. This allows the option to plant long-lived shade trees.
Step 11: Meeting the Territory Plan
The architect outlines that they need to meet all Assessment Requirements and Assessment Outcomes in each of the Residential Zones Policy, Subdivision Policy and Lease Variation Policy to get approval.
To show that the Assessment Requirements and Assessment Outcomes have been met, the architect also uses the Residential Zone Technical Specifications and Subdivision Specifications.
The technical specifications are optional and provide qualitative guidance to achieve better design outcomes. The technical specifications help the architect plan:
- solar access
- setback distances from boundaries and separation between walls
- private open space
- parking spaces
- planting area and tree canopy coverage.
Preparing for DA submission
The plans are now prepared. The architect prepares the development application (DA) for the couple’s proposed dual occupancy development.
Step 12: Design Response
The architect completes a Design Response for the Housing Design Guide, which is a mandatory documentation requirement for dual occupancy proposals. The Design Response shows how the development has considered the guidance in the Housing Design Guide
Step 13: Development Outcomes Report and other documentation
The architect completes a Development Outcomes Report [628.7 KB]. This formalises how the development responds to the relevant Territory Plan policies.
The architect makes sure all other minimum DA plans and documentation have been prepared. This is done prior to submitting the DA.
Step 14: DA submission and assessment
The architect facilitates the DA submission process as Dianne and Jack's representative.
At the end of the DA process the couple receive their decision. Their DA is approved subject to conditions. This requires them to consult further with the Leasing and Land Titles teams. They then complete the lease variation and register the new title through eDevelopment.
