This submission was prepared for the ACT Legislative Assembly’s Inquiry into the Planning (Missing Middle Housing) Amendment Bill 2026. This Bill is separate to, but complements, the Missing Middle Housing Reforms that are also currently under consideration. It provides for the streamlining of processes around lease variations, subdivision and consolidation, which are necessary to achieve the full potential of the Missing Middle reforms.
We strongly support the Planning (Missing Middle Housing) Amendment Bill 2026.
This Bill is a worthwhile and overdue reform that removes unnecessary process, delay and costs for smaller scale housing proposals, such as those envisaged by the Missing Middle Housing Reforms, making the administrative burden of the planning system for medium-density housing more proportionate to the scale of the developments involved. This will make Missing Middle projects more financially viable, saving thousands of dollars, reducing financial and schedule risks, and speeding up housing delivery.
The Bill’s changes to the treatment of residential subdivision and consolidation are sensible because they stop minor suburban projects, including those financed by downsizing owner-occupiers or smaller developers, from being treated the same way as major developments. Removing the requirement for a separate subdivision design application DA for proposals which do not alter the road network will reduce costs and speed up housing delivery, while preserving more intensive scrutiny for larger developments.
The Bill’s changes to lease conditions and secondary residences are also sensible. Secondary residences are a gentle form of infill that can support multigenerational living, ageing in place, carers, and smaller or more affordable households in established suburbs. The Bill allows secondary residences on residential leases that authorise a single dwelling without requiring a lease variation, as it currently serves no real purpose beyond adding friction to secondary residence development.
The Bill also provides a faster process for simple nominal rent lease variations, including changes related to the number of permitted dwellings, secondary dwellings and easements, with decisions to be made within 10 working days. These straightforward matters should not be burdened by a longer lease variation process, particularly when in most cases a DA for the substantive development will be required in any event.
These procedural reforms matter because housing reform needs to work in practice. Small and low-risk projects are often the ones most affected by delay, duplication and uncertainty, even though they are exactly the kinds of projects we need to provide housing choice.