The dual occupancy allowances have been designed to allow for more infill rather than creating more housing through urban sprawl. Photo: Michelle Kroll.
The Canberra Liberals have been slammed for trying to change aspects of the interim Territory plan mere days after the new system commenced.
Shadow Planning and Land Management Minister Peter Cain called on the ACT Government to remove the proposed 120 square metre size restriction on second dwellings and allow for separately titled dual occupancies on residential zone 1 (RZ1) blocks over 800 square metres.
“Why limit the size [and] … why limit choice? Let the owners decide how big the house they want to provide to the market [is],” he argued.
“Why limit it to a unit-title arrangement? Why not let the owner surrender this large Crown lease and get two parcels that just creates, again, a greater flexibility of the type of ownership that can be available to the market?
“Why not let the owners choose? What a radical thought.”
According to a question on notice asked of the ACT Government, there are 28,178 RZ1 parcels of land between 800 sqm and 1000 sqm eligible for second dwellings, 9785 blocks ranging from 1000 sqm to 1200 sqm, 3235 blocks between 1200 sqm and 1400 sqm, and 3511 blocks of land larger than 1400 sqm in the Territory.
Mr Cain wondered why a 120 sqm limitation needed to be placed on most of these blocks.
“The effect of this limit is to actually deny the market a wider range of housing choices,” he said.
“What about the needs of very large families in our community? Perhaps 120 sqm is not quite adequate [for them].”
Mr Cain also argued that planning regulations, which addressed easement, tree canopy, and permeable surface issues, would prevent any overly large homes from being built on the blocks.
“So just like a home being built on new land in the ACT, there are planning regulations that ultimately affect what size house you can build,” Mr Cain said.
“I think the planning regulations themselves, which the government will administer, should be allowed to operate and let the owner choose the size of this second dwelling.”
Removing the dwelling size restriction and allowing for separately titled dual occupancies on RZ1 blocks over 800 sqm is Canberra Liberals policy ahead of the October 2024 election.
The motion was criticised by Planning Minister Mick Gentleman, given an active parliamentary inquiry into the interim Territory plan was on the way, and that the new planning system had already begun.
Mr Gentleman called the motion “disingenuous, uninformed and misguided” and questioned if Mr Cain was ignoring elements of the changes.
“I want to be very clear: dual occupancies, two houses on a single block, have always been permitted, and these will continue to be permitted on blocks over 800 sqm that are located within RZ1 zoned land,” he said.
“It has just been that these sites dwellings cannot be unit titled and sold separately previously. It is not clear if this is a distinction Mr Cain doesn’t understand or is simply ignoring.”
Mr Gentleman argued the size restrictions would allow for additional homes to be built in established suburbs without making “drastic changes” to the local neighbourhoods, limit the impact on the environment, and provide more options for downsizers or couples entering the housing market.
He also questioned Mr Cain’s sudden faith in the planning regulations.
“Mr Cain’s argument seems to be that houses should be built to the largest possible footprint within the allowed planning regulations. These are the same planning regulations that Mr Cain has previously described as ‘anti-community’ and ‘anti-environment’,” Mr Gentleman said.
“It’s nice to hear that Mr Cain has now flipped and apparently has full faith in the current planning system’s regulations and requirements outside the one specific aspect of the government’s RZ1 changes.”
Mr Gentleman also explained the decision to allow for unit titling, but not subdivision of land (ie, the creation of two or more blocks on the same parcel), was chosen as it would allow the original block to be retained and wouldn’t constrain development as a result of certain requirements needed for a subdivision, such as separate access and servicing.
“The new territory plan strikes a balance of development freedom, improving the supply of housing and giving people the capacity to appropriately transform their blocks if they choose while maintaining the wonderful character of our suburbs,” Mr Gentleman argued.
Any proposed dual occupancy developments will still need to go through the development application process.
Mr Cain’s motion was defeated.
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