Dual Occupancy and subdivision development for Northern Beaches Council
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Dual Occupancy on the northern beaches is one of our most popular enquiries (second only to development objection letters)! We are talking with customers weekly in regards discussing what they can and can’t do on their Northern Beaches regarding dual occupancy potential.
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 as a development planner. As a result 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 is whether our northern beaches clients can subdivide or do a dual occupancy for their property. Our experience and local knowledge help our clients understand what they can and can’t do for 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.
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.
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This must be submitted with your development application to all Councils!
A Statement of Environmental Effects (SEE) is a written report required under the Environmental and Assessment Act 1979 that outlines the likely environmental impacts of a development application and must be submitted with your development application to council.
A Statement of Environmental Effects details:
The statement of environmental effects must address the relevant legislation such as the Act, Regulations, State Environmental Planning Policies, Local environmental plans and development control plans!
Council development planners are require by legislation to consider the general public for all development applications! This often means they notify the application to neighbouring residents to seek comment!
The community regularly turns to Outlook Planning and Development for their objection letters as we are one of the most prominent Consulting firms that regularly submit development objection letters for all NSW Councils.
Our Principal Planner obtained the nickname “Objection King” from his customers throughout his career and can assist you with your Council development objection letter!
Contact us to learn more about our process and how we can assist with your development objection letter!
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