Sutherland Shire Local Environment Plan 2015

Dual Occupancy, Secondary Dwellings, Subdividing

What is Dual Occupancy Housing? What is a Secondary Dwelling?

Dual Occupancy Means a dual occupancy (attached) or a dual occupancy (detached).

Dual Occupancy (attached)
Means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling.

Dual Occupancy (detached)
Means 2 detached dwellings on one lot of land, but does not include a secondary dwelling.

Secondary dwelling
Means a self-contained dwelling that:

(a)        is established in conjunction with another dwelling (the principal dwelling), and

(b)        is on the same lot of land as the principal dwelling, and

(c)        is located within, or is attached to, or is separate from, the principal dwelling.

A secondary dwelling differs from a dual occupancy in that the total floor area of the secondary dwelling (excluding any area used for parking) must not exceed 60 square metres or 5% of the total floor area of the principal dwelling (whichever is the greater).

Where can I build dual occupancy housing & secondary dwellings?

LEP 2015 Zone

LEP 2015 permissibility

E3 Environmental Management

Very limited permissible in Area B of the Additional Permitted Uses Map where one dwelling
in the foreshore area is an existence for at least three years prior to the commencement of the LEP.
Must meet the requirements outlined in Schedule 1 - Additional Permitted Uses.

E4 Environmental Living

Permissible in Area A of the Additional Permitted Uses Map.
Generally excludes areas with bushfire or evacuation risk.

R2 Low Density Residential

Permissible

R3 Medium Density Residential

Permissible

R4 High Density Residential

Permissible

B1 Neighbourhood Centre

Permissible

What LEP 2015 development controls apply?

Control LEP 2015
Floor space ratio  Development must comply with LEP 2015 clause 4.4 and Floor Space Ratio Map.
Clause 4.5B applies - each torrens title lot created by the subdivision of an approved dual must also comply with the Floor Space Ratio Map.
Landscape area Development must comply with LEP 2015 clause 6.14 and Landscape Area Map.
Each torrens title lot created by the subdivision of an approved dual occupancy must also comply with the Landscape Area Map.
Height  Development must comply with LEP 2015 clause 4.3 and Height Map.
Clause 4.3(2C) applies - the maximum heigh for a rear dwelling that is part of a dual occupancy on land in zones R2, R3, E3 and E4 is 5.4 metres if the lot has only one road frontage.
Internal lots  Clause 4.3(2B) applies - the maximum height for a dual occupancy on an internal lot in zones R2, R3, E3 and E4 is 5.4 metres.  

Draft Development Control Plan 2015

Draft Development Shire Control Plan 2015 contains specific development controls that apply to applications for dual occupancy development.

Can dual occupancy development be subdivided?

For the subdivision of dual occupancy in zones R2 (low density), R3 (medium density), R4 (high density) and B1 (neighbourhood centre), each resultant (for each dwelling) need not meet minimum lot sizes or dimensions. However the plan is more restrictive in the E4 zone (environmental living), where Torrens title subdivision is only permissible if each of the resulting lots meet the larger subdivision size requirements, as per Clause 4.1 and 4.1A. The plan allows the strata title subdivision of dual occupancy in the E4 zone without resultant lot size restrictions, provided that the land on which the dual occupancy development is constructed is no less than the minimum size shown on the Lot size Map, as per Clause 4.1B.  In the E3 zone (environmental management), any subdivision must meet the larger subdivision lot size and dimension requirements, as per Clause 4.1 and 4.1A. There is no concession for strata subdivision in the E3 zone.  

More information

Enquiries can be directed to Duty Officers on 9710 0333 or ssc@ssc.nsw.gov.au

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