Dual Occupancy Controls: SEPP (State Environmental Planning Policy) (Housing) 2021

Low and mid-rise housing areas are residential zoned land within 800 metres walking distance from a nominated town centre or the entrance of a nominated train, metro or light rail station.

Within the low and mid-rise housing areas, this policy mandates permissibility and introduces non-discretionary development standards.

The policy does not apply to sites that are affected by certain hazards and constraints such as bushfire prone land and some flood prone lands. Visit Low and Mid-Rise Housing Policy exclusions for the complete list of excluded lands.

Dual Occupancies: 2 dwellings on one lot

Permissibility changes

Dual occupancies are permitted with consent in R2 zones state-wide.

They may also be permitted in other zones depending on the Council’s Local Environmental Plan (LEP).

New non-discretionary development standards

The following new standards for dual occupancies apply in Low and Mid-Rise Housing areas in R1, R2, R3 and R4 zones (where permitted):

• Lot size: min 450sqm

• Lot width: min 12 m

• Floor space ratio: max 0.65:1

• Height of building: max 9.5 m

• Car parking: 1 space per dwelling

• Subdivision (R1, R2, R3 only): min 225 m2 per lot / 6 m width per lot

Non-discretionary development standards, also known as non-refusal standards, identify development standards for particular matters like building heights, floor space ratio or lot size.

They have the effect of prevailing over an equivalent standard set out in a local environmental plan (LEP) or development control plan (DCP) that is more onerous.

If the proposed development complies with the non-discretionary standard, a consent authority cannot refuse the application on the grounds that the development does not comply with the standard.