Can existing site conditions justify a different design response?
Yes. Existing site conditions can support a different design response, particularly where the design needs to respond to the specific characteristics or constraints of the block. However, site conditions do not provide a general exemption from mandatory Assessment Requirements in the Territory Plan.
Every block is different, so the same design solution will not necessarily work on every site.
Things such as slope, existing trees, drainage, block shape, orientation, neighbouring buildings, easements and other site constraints can influence how a development should be designed.
For example, a sloping site may require a stepped building design rather than extensive excavation, while an established tree may influence where the building, driveway or outdoor areas are located.
A different design approach can therefore be appropriate where it responds better to the site, provided the proposal still meets the mandatory planning requirements and achieves the required planning outcomes.
Reference: Planning (Missing Middle Housing) Design Guide 2026 (NI2026-312) - planning.act.gov.au/__data/assets/pdf_file/0020/3092411/ACT-Missing-Middle-Housing-Design-Guide.pdf
Link on the answer: https://www.planning.act.gov.au/__data/assets/pdf_file/0020/3092411/ACT-Missing-Middle-Housing-Design-Guide.pdf
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| Dual Occupancy Q&A | #476 | agrees | 21/08/2026 |