Planning professionals and applicants

Private open space is any outdoor area used exclusively by occupants of a dwelling.

It encourages indoor-outdoor living opportunities and works best when integrated into the overall design of the building.

It can include any of the following:

• backyard
• deck
• balcony
• terrace or courtyard
• front garden
• pool area.

Private open space must meet certain rules within the Northern Territory (NT) Planning Scheme 2020.

The amount of private open space required for a dwelling will depend on the lot size and the dwelling type. For example, a dwelling-single on a 600m2 lot or an apartment on level 3 of a building.

Other things to consider

Other factors you might need to consider for your dwelling include whether the private open space is:

• directly accessible
• permeable
• open to the sky.

Directly accessible

This is when you can step from the dwelling into the private open space area. This is the most effective way of extending the function of the dwelling and creating an indoor-outdoor living space.

Private open space is best located when it is directly accessible from more than one indoor space, such as a lounge room and bedroom.

Permeable

This is when plants and water can directly access the ground.

At least half of the required private open space for a ground level dwelling needs to be permeable. This allows for in-ground plants and trees for shade and amenity.

Having more private open space as permeable rather than concrete or pavers will also reduce stormwater runoff from the lot.

Open to the sky

Most grasses, plants and trees need natural light and space to grow.

A minimum area of private open space for ground level dwellings needs to be open to the sky and not covered by a roof, patio, verandah or shade sail.

Having more private open space open to the sky and landscaped will also reduce stormwater runoff from the lot.

Certain planning rules apply in the Northern Territory (NT) for:

• subdivision of land to create small lots
• building houses on small lots.

These rules are set out in the NT Planning Scheme 2020.

The technical notes below provide guidance on how to meet the requirements to subdivide land or build houses on small lots including:

• lot configuration
• setbacks
• minimum frontage widths
• building envelopes.

Read the technical note for:

• single dwellings on greenfield lots from 300 to 450 square metres PDF (384.7 KB)
• single dwellings on greenfield lots from 450 to 600 square metres PDF (449.1 KB).

If you want to build around airports in the Northern Territory (NT), you must meet building height limits.

Under the NT Planning Scheme 2020, a range of controls apply, depending on the zone of the land.

There are also Australian laws around height limits that aim to keep civil and defence aircraft safe when flying in and out of airports.

These restrictions are particularly relevant to large, multi-storey buildings in central Darwin.

You must meet certain requirements to build an independent unit in the Northern Territory (NT).

An independent unit or granny flat is defined as a ‘dwelling – independent’ under the NT Planning Scheme 2020.

Building approval

You will need building approval to build or convert an existing building to an independent unit.

To get building approval, you must engage an NT registered building certifier.

Before occupying the dwelling, you must get occupancy certification, or a builder’s declaration, if it is in a tier 2 building control area.

If you need planning approval, you must get it before occupancy certification will be granted.

Read about building and renovating: permits and processes.

For more information, contact Building Advisory Services.

Planning approval

In most cases, you can build an independent unit without planning approval if it meets all the requirements under the NT Planning Scheme 2020.

These include:

• any applicable overlays
• maximum floor area of the dwelling - see below for changes to these requirements
• building height limits
• minimum setbacks from neighbouring properties
• parking requirements
• landscaping requirements
• requirements for power, water and sewerage or on-site wastewater management.

To find the requirements, check the:

• zone that applies to your land – go to the NT Atlas website
• assessment table that applies to that zone – this can be found in part 4 of the planning scheme.

The assessment table will also tell you your assessment category.

Changes to maximum floor area

On 1 December 2023, the NT Planning Scheme was amended to increase the maximum floor area to 75sqm for independent units in certain zones.

This was done to:

• encourage housing choice and
• allow independent units to be constructed in line with the Australian Standard 4299-1995 (adaptable housing).

To find out more, read amendment 94 PDF (73.2 KB) of the NT Planning Scheme.

When you need a development permit

You don’t need a development permit if:

• the use is permitted
• no overlays apply and
• you meet all the relevant requirements of the NT Planning Scheme.

You must apply for a development permit if it is:

• merit or impact assessable in the zone or
• permitted but you:
  • are affected by an overlay or
  • want to vary any requirements of the NT Planning Scheme.

Read more about how to apply for a development permit.

Read more about factors that can change your need for planning approval.

For more information about planning requirements, contact Development Assessment Services.

Using a demountable structure

You can use a demountable structure, such as a sea container (donga), as an independent unit.

However, it must meet all relevant building and planning requirements.

For further advice, speak to a building certifier.

If you meet the requirements, you don't need to meet clause 5.8.7 of the NT Planning Scheme 2020.

Subdividing property with an independent unit

You can't create a separate title for an independent unit through a unit title scheme subdivision.

You can only subdivide the land to create a separate freehold title if your proposal:

• meets all subdivision requirements of the planning scheme
  • including minimum lot size.

Read more about subdivision.

Contact

For power, sewerage and water, contact Power and Water Corporation by calling 1800 245 092 or emailing customerservice@powerwater.com.au.

For onsite wastewater management, you can get a list of private registered certifying plumbers on the Building Practitioners Board website.

For more information about wastewater management, contact Environmental Health by calling 08 8922 7377 or emailing envirohealth@nt.gov.au.

You must consult with land owners or the relevant regional council when planning a development in any Aboriginal community in the Northern Territory (NT).

Twenty remote communities are identified as major remote towns.

All major remote towns are zoned in line with corresponding area plans.

Development in major remote towns is assessed against the requirements of the NT Planning Scheme.

For the remainder of Aboriginal communities, you may not need a development permit to carry out works.

Apply for planning approval

Read below to find out when you need approval for your proposal.

When you might need approval

You may need approval if any of the following apply:

• the land is zoned
• you want to clear native vegetation
• you are seeking a lease, licence or other right to occupy for more than 12 years
• either of these clauses apply:
  • clause 7.1 Aboriginal Communities and Towns
  • clause 7.2 Towns on Aboriginal Land of the NT Planning Scheme 2020.

If any apply, contact Development Assessment Services.

If the conditions above don’t apply to your proposal, you don’t need a development permit.

Proposals that don't need a permit

If you don’t submit a development application, you must talk to all of the following parties:

• the land owner or regional council - to get permission for the development to occur
• Power and Water Corporation's Remote Operations - for site servicing requirements
• surveyor general’s office - if your site needs an address or a new administrative lot number.

Speak to a planner.

Guidelines

For more information, get the planning guidelines for major remote towns and Aboriginal communities in the NT PDF (871.4 KB).

You will also find contact details for land owners, regional councils and service authorities.

More information

Area plans and zoning maps for major remote towns will help with your planning.

Find them in the NT Planning Scheme 2020.

For Serviced Land Availability Program (SLAP) maps, and general community and regional information, go to the Bushtel website.

You must follow certain rules to develop in areas of the Northern Territory (NT) affected by natural hazards.

These hazards include:

• cyclones
• storm surges
• riverine flooding.

Rules for building and developing in these areas are set out in the:

• Building Act 1993 and Building Regulations 1993
• National Construction Code (NCC)
• NT Planning Scheme 2020.

Active street frontage is when a business opens onto and interacts with the street or an area of public open space.

It limits the amount of blank walls that face a street.

It can include:

• a high number of doors and windows that open onto the street
• outdoor dining
• areas for pedestrian movement or seating.

Benefits

Active street frontage:

• encourages passive surveillance at street level
• creates a transition between the public space and commercial buildings.

Rules and conditions

In zone CB (central business), it must meet certain rules within the NT Planning Scheme 2020.

A building must provide at least 60% of its ground level street frontage as active. This includes to public spaces such as a park, mall or square.

Active street frontage is measured by adding together the total width of all the active components and dividing that number by the total length of the frontage.

More information

To find out more, read the guidance note for active street frontage in zone CB PDF (942.6 KB) under clause 5.5.16 of the NT Planning Scheme PDF (2.8 MB).

Articulation is the physical variation in a building’s wall that reduces large expanses of blank walls.

It's done by stepping the building wall and balconies outwards, or recessing it inwards. This creates more corners, which allows for windows and other openings to be added. This helps create light and air movement.

Benefits

Articulation can also:

• make a building more interesting to look at
• reduce the bulk and visual massing of buildings.

Rules and conditions

The design of residential buildings must meet certain rules regarding building articulation within the NT Planning Scheme 2020.

For every 15m of building length, or part of that, the building design must include a minimum step in the building line of one metre by one metre. This applies to all external walls of the residential building.

These rules don't apply to dwellings-single or the ground level of residential buildings in zone CB.

More information

To find out more, read the guidance note for building articulation PDF (808.6 KB) under clause 5.4.17 of the NT Planning Scheme PDF (2.8 MB).

Fences mark the boundary between properties as well as between public and private spaces.

They can help to provide a visual screen and also security.

Benefits

A good street boundary fence can provide privacy for residents.

It also allows casual viewing of and interaction with the street or other public place. You can do this by including gaps in the structure. For example, choosing a picket fence or using a mixture of open and solid fence materials.

The safety of pedestrians and other footpath users is also increased when residents can see through a fence into the adjacent public space.

Fences should continue to provide privacy to sensitive areas at lower levels of development such as swimming pools and patios.

You can reduce the visual impact of fencing by using different methods such as changes in materials or colour.

Landscaping can also be used to help provide privacy when more open materials are used.

Rules and conditions

Buildings in zones MR (Medium Density Residential) and HR (High Density Residential) must provide fences based on rules of the NT Planning Scheme 2020.

Fences along roads or public open spaces can't be any taller than 2 metres and have a mixture of open and solid fencing materials.

More information

To find out more, read the guidance note for fencing in Zones MR and HR PDF (795.7 KB) under clause 5.4.18 of the NT Planning Scheme PDF (2.8 MB).

Landscaping is the use of trees, plants and shrubs to make an area or building more attractive.

Benefits

Landscaping can provide shade and cool areas of hard surfaces, and also create spaces for people to engage with nature.

Rules and conditions

In zone CB (Central Business), there are certain rules for how much landscaping a new development must provide.

In addition to any paving or concreted areas, at least 10% of the site area must be landscaped.

Landscaping is traditionally provided at ground level. However, for multistorey buildings, you can have landscaping:

• down the side of a building
• on a terrace part way up the building
• on a rooftop garden.

More information

To find out more, read the guidance note for landscaping in Zone CB PDF (587.8 KB) under clause 5.2.6.1 of the NT Planning Scheme PDF (2.8 MB).

Plot ratio means the relationship between a building’s floor area and the area of the site. It is used as an alternative way to control the height of a multi-storey building.

Residential plot ratio works with other setback and height controls in the planning scheme to control the size and form of residential buildings.

Benefits

Using a residential plot ratio instead of prescriptive height controls provides flexibility in building design for apartment buildings.

Rules and conditions

A residential plot ratio applies to residential buildings in zones MR (Medium Density Residential), HR (High Density Residential) and C (Commercial).

Some components of a building are not included when calculating the residential plot ratio, including:

• residential uses at ground level
• any space below ground level such as basement car parking
• balconies, courtyards or terraces
• lift shafts and stair wells
• lobbies
• bin storage
• roof terraces.

For a building in zone C that has both commercial and residential uses (a ‘mixed use’ building), the maximum commercial floor area is calculated through a separate commercial plot ratio.

More information

To find out more, read the guidance note for residential plot ratio for dwellings-multiple in Zones MR, HR and C PDF (276.1 KB) under clause 5.4.1 of the NT Planning Scheme PDF (2.8 MB).

A setback is the distance between a lot boundary and a building or structure.

The distance a building has to be set back depends on which boundary it is adjacent to.

Primary or secondary setbacks typically face a public street. Side or rear setbacks join other lot boundaries (usually neighbouring properties).

The primary street is generally the street that is wider or carries the most traffic.

Benefits

Providing suitable setbacks:

• creates a physical separation between residences
• helps establish the character of the street and neighbourhood
• provides opportunities for onsite landscaping, and private and communal open space.

Rules and conditions

Residential buildings in zones MR (Medium Density Residential) and HR (High Density Residential) must provide setbacks based on rules of the NT Planning Scheme 2020.

The first 4 levels of a residential building must be set back 6m from the primary street, and 9m for levels 5 and above. The setbacks to any secondary street, side or rear boundary also increase once a building reaches 5 levels and higher.

More information

To find out more, read the guidance note for residential setbacks in Zones MR and HR PDF (559.1 KB) under clause 5.4.3 of the NT Planning Scheme PDF (2.8 MB).

If you want to build or develop near Royal Darwin Hospital (RDH), you must meet certain planning rules.

This includes making sure you don't affect a helicopter's flight paths and their access to the landing site.

Access to the landing site

Helicopters use the landing site during medical emergencies. When transporting a patient, pilots will usually fly by sight and take the shortest route.

During bad weather, they may not have good visibility and rely on instruments to guide them. In these cases, they may use a different route.

The Northern Territory Planning Scheme provides 2 flight paths to be used in these conditions. They are marked by an overlay.

If your development will be in the overlay area, you may need approval before you can start any work or activity.

When you need approval

You must get approval if your development:

• is higher than 8.5m - including any flag pole, aerial, antenna or lightning rod, or any construction equipment used to carry out the works
• contains lighting that projects upwards, or coloured or flashing lighting external to the development
• will produce an exhaust plume which has an upward vertical velocity of 4.3m or more per second when released.

If your development contains any of the above, you must show how your application will meet the overlay requirements.

Your application will be referred to the operator of the helicopter landing site for comment.

They will give feedback on whether the proposal will affect:

• the ongoing operation and viability of the hospital landing site or
• helicopter movements.

Conditions

The operator may also request conditions on the development permit to address any identified impacts such as:

• the maximum allowable height of proposed structures or modifications to the proposed structure to make them more visible to helicopter pilots, such as obstruction lights
• modification to exhaust vents to redirect exhaust plumes
• a flight path construction management plan for temporary structures, such as cranes
• alterations or removal of distractive lighting
• any other condition that the landing site operator deems appropriate to ensure the continual operation of the landing site.

Contact

For more information, contact Development Assessment Services by calling 08 8999 6046 or emailing das.ntg@nt.gov.au.