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Dual Occupancy and subdivision development for Northern Beaches Council
We help our clients achieve their development dreams
Find out how we can help you
Dual Occupancy and subdivision development for Northern Beaches Council
We help our clients achieve their development dreams
Find out how we can help you
Our Principal Planner was born and raised on the Northern Beaches and began his career at Pittwater Council and worked there for over 5 years… because of this experience and connection with the Northern Beaches it is not surprising that a high portion of our clients are from the Northern Beaches. We love helping our Northern Beaches clients to get their development approvals or help neighbours with their development objection letters.
One of our most common enquiries are whether our northern beaches clients can subdivide or do a dual occupancy for their property. We offer a feasibility service for $550 which will assess the development potential for the site. Please contact us to obtain your planning feasibility report.
We know the ins and outs of development on the beaches and one of our most common questions is in regard to dual occupancy development and subdivision.
With property prices on the northern beaches skyrocketing it makes sense that people are looking at getting the maximum out of their property.
Dual occupancy is defined as two dwellings located on the same lot but does not include a secondary dwelling.
Attached dual occupancy is defined as “2 dwellings on one lot of land that are attached to each other”
Detached Dual Occupancy is defined as “2 detached dwellings on one lot of land”.
Getting approval for a dual occupancy does not mean you can sell them separately, in order to do this you will need to apply for subdivision of the dual occupancy through either strata subdivision or Torrens Title Subdivision.
Northern Beaches Council
For those that are new to the Northern Beaches area you might not be aware that the Council area of the Northern Beaches was previously made up of three Council areas known as Pittwater Council, Warringah Council and Manly Council. In the reforms of local Councils it was determined that the three Councils should amalgamate to save costs amongst other things. Unfortunately for the town planning side of things the three original Council Local Environmental Plans have been retained and now for the Local Govermental Area we need to look at three seperate legislations depending on where the subject site is located.
The biggest difference between the three LEPs is in relation to the handling of dual occupancies within the R2 Low Density Residential Zoning. Each LEP treats dual occupancy differently with Warringah not allowing it within the R2 zone, Pittwater restricting dual occupancies to site over 800sqm and Manly having no restrictions. The below provides some addition information for dual occupancies for the different Local Environmental Plans..
Where are they permitted?
Dual occupancies (both attached and detached) are permitted in the R2 Low Density Residential Zone and the R3 Medium Density Residential Zone and attached dual occupancies are permitted in the R5 Large Lot Residential Zone and the R2 Rural Landscape Zone.
What site requirements do I need to meet?
Under the Pittwater Local Environmental Plan you need to have a lot size of at least 800sqm for a dual occupancy (see Clause 4.1B for more information).
If you want to look at subdividing the dual occupancy you will need to meet the minimum lot size requirement under Clause 4.1 of the LEP. This applies to both Torrens Title and Strata Subdivision.
Popular areas for dual occupancy
In the Pittwater area a lot of the area has been restricted to single dwellings until a change in legislation in 2014, now dual occupancies are becoming more prevalent. Some common areas for dual occupancy has been Mona Vale, Newport, Avalon, Warriewood, Elanora Heights and Narrabeen. Areas such as Palm Beach, Whale Beach and Bayview are also slowly catching up however these areas are restricted due to the smaller lot sizes and the topography of the site.
Attached VS Detached in Pittwater
In the Pittwater Area a lot of residents can take advantage of an attached or detached dual occupancy development. Please note though that if you are looking at pursuing a detached dual occupancy in Pittwater then the house at the rear of the site is restricted to being only single storey.
Lot Requirements
There are minimum frontage dimension requirements, however these depend on the area of your dual occupancy. Please contact us for more information on site depths and widths.
Where are they permitted?
Warringah is fairly restricted regarding dual occupancies compared to Pittwater and Manly with dual occupancy development only being permissible in the R3 Medium density zoning.
What site requirements do I need to meet?
Under the Warringah Local Environmental Plan there is no dual occupancy specific controls. If you are wanting to Torrens Title the dual occupancy at the end of the development then you will need to meeting the minimum lot size requirement under clause 4.1.
What site requirements do I need to meet?
Due to the restriction for dual occupancies to one single zone, there is dual occupancy specific requirements under the LEP or DCP.
Popular areas for dual occupancy
You will find dual occupancies, generally, where ever you find the R3 zone pockets. There are some existing dual occupancies that were approved prior to these restrictive requirements.
Popular areas include Dee Why, Brookvale, Collaroy and Narrabeen.
Where are they permitted?
Dual occupancies (both attached and detached) are permitted in the R1 General Residential, R2 Low Density Residential Zone and the R3 Medium Density Residential Zone and attached dual occupancies are permitted in the E4 Environmental Management Zone.
What site requirements do I need to meet?
Under the Manly Local Environmental Plan there is no dual occupancy specific controls. If you are wanting to Torrens Title the dual occupancy at the end of the development then you will need to meeting the minimum lot size requirement under clause 4.1.
Popular areas for dual occupancy
You will find dual occupancies all over Manly including areas such as Fairlight, Balgowlah, Manly, Queenscliff and so many more.
The State Government in 2018 unveiled a new change to SEPP Exempt and Complying Development Codes to permit dual occupancies under a complying development certificate. Northern Beaches Council and a large number of other Councils were opposed to this change as it would allow a dual occupancy to be constructed well below the minimum lot size and the lot size restriction for dual occupancy developments. It is noted that if an LEP provides a minimum lot size for dual occupancies then you still need to comply with this.
The backlash from the Councils resulted in the deferral of the legislation for certain Council areas with the Northern Beaches Council being one of those areas.
The deferral was initially set for 6 months but since then it has been extended a number of times and official ran out as of the 1st July 2020. In response to the new dual occupancy codes the Northern Beaches Council have submitted a planning proposal to the department of planning to remove dual occupancies as a permissible use within the R2 zones. This is still being reviewed by the department of planning so if you are located within an R2 zone and wish to take advantage of the new changes then we suggest you get started quickly.
If you are thinking of undertaking a dual occupancy development and need some assistance then please feel free to contact us and we will be able to assist you.
We have experience in dual occupancy as well as the subdivision of dual occupancies. Contact us to figure out whether you can subdivide your property.
With expert experience in Local Government as well as the private sector, our town planners help get development approved. Below is a list of some of the development types we work with.
Do it right the first time and have us handle your development application. Our statement of environmental effects are detailed and cover everything for your development saving time and money to get your approval.
We have extensive and broad experience in all types of town planning. Our Planners have Ex-Council experience and know the best way to get an approval.
No matter how small or how big your job is, we can help you. We work on small renovations to large subdivisions and residential flat buildings.
Our experience and knowledge of the legislation allows us to come up with solutions to problem developments where others fail.
We have an extensive list of external consultants that we work with, such as surveyors, engineers and architects, and can find the best one for your project.
Our Town Planners have flexible working hours to help fit our clients needs. We are available for appointments 7 days a week when requested.
We offer highly competitive pricing and produce high quality reports. The majority of our quotes are flat rates so you know exactly how much our services will cost.
Outsourcing the Town Planning – A case study
Building Designers! Outsource your statement of environmental effects to Outlook Planning and Development and save time and money! Let us deal with the report so you can focus on the plans!
Property Development Spotlight: Beresfield
Beresfield is one of the biggest hot spots within the Newcastle area with investors and first home buyers flocking to the area to score great prices for great blocks of land. We look at what to look for for development within the area and how to maximise on your investments including dual occupancies and subdivisions.
Dual Occupancy for Beginners (a how to guide for what to look for for dual occupancies)
We attempt to provide a dual occupancy 101 guide for future developers to know what to look for when picking sites for dual occupancy/duplex developments.
Getting approval for unapproved developments
Unapproved works is one of our most common jobs for Outlook Planning and Development. Read our article on what to do and how to deal with the scary letters from Council!
Subdivision of rural zoned land
We explain what to consider when planning a rural subdivision and the various costs and reports associated.
Architectural Plan Drafting now available!
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We explain what types of development you can do without any Council approval for everyone doing their home renovations. Read all about exempt development and what you can build this weekend after a trip to Bunnings to get your DIY tools.
Complying Development Certificates
Want to build a house or renovate but don’t want the hassle of a development application. You might be able to get approval through a private certifier. We take some time to explain what a complying development is and the steps you need to take to obtain a CDC through a private certifier.
Preliminary Planning Assessment – Feasibility Reports
Are you looking at determining what you can do for your property? A Preliminary Planning Assessment can help you determine what your development options are for your site.
Guide to Heritage Impact Statements
Heritage Impact Statements are essential for any development involving a heritage item or heritage conservation area. We go into some of the basics of what makes up a heritage impact statement and who should be preparing them for your development.
How To Write a Development Application Objection Letter
Have you received a notification in the mail about a development application and want to write a submission. We outline some steps to help you prepare a development application objection letter.
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