Dual occupancy in the LEP explained

Published Date
08/06/2022
News Topic
Planning & Development, Upgrades & Improvements, Council

Randwick Council's Comprehensive Planning Proposal includes changing the minimum lot size for R2 Low Density Residential zoned land and making it easier to subdivide attached dual occupancy development. This is all part of our 2022 Local Environment Plan, which is currently on exhibition for your feedback.

What is a dual occupancy?
A dual occupancy is two dwellings located on one lot of land. They can be attached or detached. Under Randwick Council's current LEP (Local Environment Plan) are the following requirements for attached dual occupancy.

Current requirements

1)  If your land is 450m2 in size, you can construct an attached dual occupancy, however this cannot be subdivided.

2)  If your land is 800m2 in size, you can subdivide your property to build two properties of 400m2 each, which can be sold separately under their own titles, strata or Torrens.

The changes to the draft LEP looks at creating a consistency between these two requirements, so that the end result in both cases is housing that can be subdivided and each sold under its own title. This means the following:

Proposed new requirements

1) The size to construct an attached dual occupancy on your property will increase but it means your properties can be subdivided. The draft LEP proposes that a property will need to be 550m2 in order to build an attached dual occupancy.

2) Rather than needing 800m2 to subdivide and build two properties, your land will only need to be 550m2, which can be subdivided into two 275m2 properties.

What does this mean? It means that if a site is large enough to construct an attached dual occupancy, it should also be large enough to subdivide into two lots.

The size of your block is just one requirement. Whether or not your property is able to house dual occupancy also depends on a number of other factors, including setbacks, frontages, zoning areas, etc. Properties are subject to assessment under other relevant standards of the LEP and DCP, also noting that changes to floor space ratio controls are proposed in the draft LEP to allow appropriate built form with adequate deep soil planting and landscaping.

Why are we proposing the change?
We are required by the NSW State Government to meet housing targets for the next 6-10 years. The proposed dual occupancy changes will result in an estimated 474 new dwellings across Randwick City which contribute to our overall housing targets. It’s important that we provide a range of housing options for our community. Dual occupancies provide a relatively more affordable option and are popular with families seeking a larger home with off-street parking and a backyard. For more detailed information, please refer to this Dual Occupancy summary sheet.

How to have your say

The NSW Department of Planning and Environment is the plan-making authority for the finalisation of this Planning Proposal.

Submissions on the draft LEP close at 5pm on Tuesday 12 July 2022.

If you would like to speak with a planning officer about the LEP changes, call our dedicated enquiry line on 9093 6995.

For an overview of all the proposed changes to the Local Environment Plan, see our overview summary sheet.

NOTE: We understand that change is confronting and there are legitimate concerns about increasing populations and densities. Council shares these concerns and we have been vocal in objecting to NSW State Government housing targets. But the reality is we don’t have a choice. We are under direction from the NSW State Government to meet housing targets of 4,464 new dwellings in the next 6-10 years. To limit the impact of these housing targets, our draft LEP proposes that additional housing is located in areas close to public transport, jobs and shops. We have put considerable research and consultation into the LEP review process and would genuinely like to hear your thoughts and views prior to making a final decision.

Last Updated: 8 June 2022
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