As urban spaces become increasingly populated, efficient land use has become a major focus of town planning. In New South Wales (NSW), dual occupancy development is one such solution that allows property owners to maximize land use while contributing to housing availability. If you're a homeowner or an investor considering a development project, understanding what dual occupancy means within the context of NSW planning laws can help you navigate this process.
This blog post will explore what dual occupancy is, why it's a popular option, and the planning parameters in NSW that regulate this type of development.
What Is Dual Occupancy?
At its core, dual occupancy refers to two dwellings on a single residential lot. These dwellings can either be attached or detached, depending on the design and local planning guidelines. This type of development allows property owners to build a second dwelling on their existing lot, providing flexible living arrangements and potential rental income opportunities.
There are two main types of dual occupancy:
Attached Dual Occupancy:Â This involves two homes that share a common wall, similar to a duplex. While the dwellings are connected, they remain separate entities.
Detached Dual Occupancy:Â In this case, the two dwellings are completely separate buildings on the same property.
Benefits of Dual Occupancy
Dual occupancy development offers numerous advantages, both for property owners and the wider community:
Increased Housing Availability:Â By adding a second dwelling to existing lots, dual occupancy developments help meet the growing demand for housing without expanding urban sprawl.
Maximized Land Use:Â Property owners can make better use of large, underutilized blocks of land.
Additional Income Streams:Â A second dwelling can be rented out for additional income.
Flexibility for Families:Â Dual occupancy allows for multi-generational living or providing separate spaces for family members.
Potential for Future Subdivision:Â In some cases, dual occupancy development can lead to subdivision, where the two dwellings may be separated into individual lots (subject to local council approval).
NSW Planning Parameters for Dual Occupancy
In NSW, dual occupancy developments are regulated by specific planning controls to ensure they align with the broader goals of town planning, including sustainable growth and community welfare. The primary piece of legislation that governs dual occupancy in NSW is the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (SEPP), as well as individual council Local Environmental Plans (LEPs).
Here’s a breakdown of the key planning parameters that apply to dual occupancy development:
1. Zoning Requirements
Not all residential lots are eligible for dual occupancy. The first consideration is whether the land is zoned for this type of development. In NSW, dual occupancy is typically allowed in:
R1 General Residential Zone
R2 Low-Density Residential Zone
R3 Medium-Density Residential Zone
Each local council determines where dual occupancy is permitted through its LEP, so it’s essential to check the specific zoning rules in your area.
2. Minimum Lot Size
Minimum lot size is a critical factor. The SEPP and local LEPs stipulate minimum lot sizes for dual occupancy development, which vary by council. For example, some councils may require a minimum lot size of 450 square meters, while others may set this figure higher. Checking the LEP for your local area will provide the exact specifications.
3. Setback and Height Controls
Setbacks refer to the required distance between the dwelling and property boundaries. In NSW, these controls ensure the development doesn’t overcrowd the area or adversely impact neighbouring properties. Setback rules generally differ for the front, rear, and side boundaries, but common requirements include:
Front setback: Typically around 6 meters
Side and rear setbacks: These can range from 0.9 to 1.5 meters depending on the zone and size of the lot.
Height restrictions also apply, with most dual occupancy developments limited to two stories in residential areas, but exact height limits can vary by council.
4. Floor Space Ratio (FSR)
Floor Space Ratio is the relationship between the total floor area of a building and the size of the land it's built on. FSR limits are designed to prevent overdevelopment and ensure that properties remain in scale with their surroundings. For example, an FSR of 0.5:1 means that if a lot is 500 square meters, the total floor area of both dwellings combined cannot exceed 250 square meters.
5. Parking Requirements
Many councils in NSW require off-street parking for both dwellings in a dual occupancy. This often means that each home must have at least one designated parking space, though in some cases, larger developments may require more parking. This is an essential consideration when designing the site layout.
6. Subdivision Potential
While dual occupancy developments provide flexibility, they don't always allow for immediate subdivision into separate lots. Subdivision generally requires further council approval, and not all dual occupancy developments are eligible. Some councils may impose restrictions based on lot size, frontage width, or infrastructure capacity.
7. Environmental Considerations
Dual occupancy developments must also comply with environmental standards. These include controls related to storm water management, tree preservation, and soil erosion. Ensuring that the development minimizes environmental impact is a priority in the NSW planning framework.
Steps to Take When Planning a Dual Occupancy Development
If you’re considering dual occupancy, the process generally follows these steps:
Check Zoning:Â Confirm that your land is in a zone that allows dual occupancy.
Consult Local LEP and SEPP Requirements: Look up the minimum lot size, FSR, setbacks, and other specific controls in your local council’s LEP.
Design and Planning:Â Work with architects and planners to design a compliant dual occupancy that meets all the relevant guidelines.
Seek Development Approval (DA):Â Submit your plans to the local council for approval. Alternatively, if your development meets the criteria for exempt or complying development under the SEPP, you may be able to bypass the DA process.
Build:Â Once approved, construction can begin.
Dual occupancy represents an attractive option for property owners looking to make the most of their land in NSW. However, navigating the complex web of planning regulations requires careful consideration of zoning, lot size, FSR, and environmental controls. By understanding these planning parameters and consulting local council guidelines, you can successfully add value to your property while contributing to the housing supply in your area.
Speak with PlanBE Planning Consultancy today to give your project/s the best chance of approval.
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