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Dual Occupancy and subdivision development for Northern Beaches Council
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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 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.
General Information about Dual occupancies
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.
Dual Occupancy on the Northern Beaches
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..
Pittwater Dual Occuapancy
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.
Warringah Dual Occupancy
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.
Manly Dual Occupancy
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.
New state wide changes for dual occupancy
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.
Need Help with Dual Occupancies?
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.
The Work We do!
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.
Why Choose Us?
Fast Development Application Approvals
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.
Experts in our field
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.
Size Doesn’t Matter
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.
Out of the Box Thinking
Our experience and knowledge of the legislation allows us to come up with solutions to problem developments where others fail.
One Stop Shop
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.
Flexibility
Our Town Planners have flexible working hours to help fit our clients needs. We are available for appointments 7 days a week when requested.
Competitive Flat Rate Prices
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.