TOPIC: TERRITORY PLAN DRAFT VARIATION 343 (DV343) A draft variation to the Territory Plan, DV343, has been proposed to provide dual occupancy and unit titling rights for some Mr Fluffy affected blocks which have been surrendered as part of the ACT Government Buyback Program. OVERVIEW On 28 October 2014, the ACT Government advised that some blocks affected by Mr Fluffy would be given the right to have two houses built on them that can be sold separately once the affected house had been demolished and the block remediated. This change is consistent with the ACT Planning Strategy 2012 and Transport for Canberra Policy by increasing housing choice in the established residential RZ1 suburban zoned areas. It will also help pay for the cost of the Loose Fill Asbestos Eradication Scheme. The changes will only apply to affected residential blocks surrendered under the Buyback Program in the Residential RZ1 Suburban zone which are 700m 2 or larger. The changes proposed by the Government require a variation to the Territory Plan. As with all variations to the Territory Plan, public consultation will be undertaken. This consultation will run from 11 April 2015 to 25 May 2015. You can review the detail of DV343 and how to make a submission at: http://www.planning.act.gov.au/tools_resources/legislation_plans_registers/plans/territory_plan/ draft_variations_to_the_territory_plan KEY DETAILS The draft variation proposes several modest changes: 1) Building two houses on the same block of land is known as dual occupancy. At the moment, this is permitted on any RZ1 block that is 800m 2 or larger. The Government is proposing to change this minimum block size to 700m 2 for affected residential blocks surrendered * under the Buyback Program. 2) Further, the Government is proposing that these blocks be able to be unit titled. Often, where two houses are built on a single RZ1 block, they are not unit titled and can only be sold together. The change would permit unit titling and allow the houses to be sold separately. 1
3) There are restrictions that apply to how much of a block can be taken up by buildings. This is referred to as the plot ratio. Allowable plot ratios are determined by a number of factors including the zone, the block size and whether the proposed dwellings front a road. DV343 proposes that the allowable plot ratio for residential blocks surrendered under the Buyback Program be determined consistent with the current rules for blocks in a Residential RZ2 Suburban core zone. However DV343 also proposes restricting building heights to a single storey for any dual occupancy to which a 35% plot ratio will apply. This will assist to maintain the amenity of these existing streets and suburbs. 4) A design criterion will also apply for the redevelopment of residential blocks surrendered * under the Buyback Program to maintain and support the amenity of existing streets and suburbs. It is important to note that DV343: only applies to affected residential blocks surrendered under the ACT Government Buyback Program in the RZ1 Suburban zone which are 700m 2 or larger makes no changes to the rules relating to the subdivision of blocks other than for unit titling for dual occupancy development makes no changes to affected blocks in the Residential RZ2 Suburban Core zone or above, rural leases or heritage blocks/areas. FURTHER INFORMATION Dual occupancies are already allowed in RZ1 zones on blocks over 800m 2 but generally the two houses cannot be sold separately (unit titled). Multi-storey units or significantly higher density will not be permitted to be developed on these surrendered blocks. Not all blocks will have two houses built on them. The change just means the blocks have the potential for dual occupancy. Affected homeowners have the first right of refusal to buy the blocks. The block will be offered to the homeowner with its original boundaries. The existing amenity of streets and suburbs will be maintained through the building height limit and applicable design criterion. 2
A proposal for a dual occupancy development will go through a development application process, which will include public notification. WHAT CAN YOU CURRENTLY DO THROUGH THE TERRITORY PLAN? RZ1 Suburban You can build two houses on an RZ1 block if it is 800m 2 or larger. Generally, you cannot sell them as separate houses. RZ2 Suburban Core You can build two houses on an RZ2 block if it is 700m 2 or larger. The two houses can be bought and sold separately if it is unit titled. 3
WHAT WILL THE CHANGES MEAN? Mr Fluffy blocks zoned RZ1 Suburban You will be able to build two houses on RZ1 block if it is 700m 2 or larger. This is consistent with the allowance in the RZ2 zone. Like RZ2 blocks now, the two houses will be able to be bought and sold separately if the block is unit titled. Plot ratios permitted will also be generally consistent to those in the RZ2 zone, however where a plot ratio of 35% applies for dual occupancy development on affected blocks in RZ1, building heights will be limited to single storey. Mr Fluffy blocks zoned RZ2 Suburban Core There will be no changes to what is allowed on RZ2 blocks. WHAT ABOUT HERITAGE AREAS? There will be no changes to surrendered residential blocks that are part of a registered heritage place or a provisionally registered heritage place under the Heritage Act 2004. 4