Dual occupancies

Approval for attached & detached dual occupancies

An attached dual occupancy  means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling.

A detached dual occupancy  means 2 detached dwellings on one lot of land, but does not include a secondary dwelling.

All proposals for new dual occupancies will require a development application. You will also need to obtain a construction certificate prior to commencing building works.

Current Planning Controls - Dual Occupancies (Attached) in the R2 Low Density Residential Zone

Under Councils current planning controls, clause 4.1C of the Randwick Local Environmental Plan (RLEP) 2012 permits development consent for a dual occupancy (attached) in the R2 Low Density Residential Zone on a lot size that is at least 450 square metres. The minimum frontage width required for a dual occupancy (attached) is 15m. However, it is important to note, that to be able to potentially subdivide (both Torrens title subdivision and Strata title subdivision) a greater land size and frontage width is required.

Note: Dual occupancy (detached) is prohibited development in the R2 Low Density zone under the RLEP 2012.

Torrens Title Subdivision

Under clause 4.1 of the RLEP 2012 the minimum subdivision requirements are indicated on the Lot Size Map. In the R2 Low Density Residential Zone, a minimum subdivision lot size of 400 square metres applies for all development types, including dual occupancies (attached). This means that a minimum total lot size of 800 square metres would be required to potentially Torrens title subdivide a dual occupancy (attached) into two lots of 400 square metres in the R2 Low Density Residential zone. The minimum frontage width required for each subdivided lot is 12m.

Strata Title Subdivision

To Strata title subdivide a dual occupancy (attached) in the R2 Low Density Residential Zone, clause 4.1A of RLEP 2012 requires that each resulting lot from the subdivision is not to be less than 400 square metres with one dwelling being situated on each lot. This means that a minimum total lot size of 800 square metres would be required to potentially Strata title subdivide a dual occupancy (attached) into two lots of 400 square metres in the R2 Low Density Residential zone.

Dual occupancy subdivision – consents granted before 6 July 2018

It should be noted that if an attached dual occupancy development (within a R2 Low Density Zone) was approved prior to 6 July 2018, Clause 4.1D of Council’s LEP allows subdivision of that development in line with the Codes SEPP.  In relation to strata subdivision, the development standards are specified in section 6.2 of the Codes SEPP, including a minimum lot size of 180m2 and a minimum frontage of 6m per lot. In relation to Torrens title subdivision of attached dual occupancies, section 6.4 of the Codes SEPP states that the applicable minimum lot size is as per the local instrument (i.e. Randwick LEP) which is 400m2 for each resulting lot.

The following steps are provided to assist you in preparing and lodging a development application (DA) for an attached dual occupancy.

Step 1: Seek information

You should consider the following documents when preparing you DA:

Environmental Planning Instruments and Development Control Plans

The following list includes the main Environmental Planning Instruments (EPIs) and Development Control Plans (DCPs) that are applicable to your development:

  • Randwick Local Environmental Plan 2012
  • State Environmental Planning Policy No 55: Remediation of Land
  • State Environmental Planning Policy No 71: Coastal Protection
  • State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004
  • Randwick Comprehensive DCP 2013

To download copies of relevant EPIs and DCPs, please refer to Planning Strategies and Controls.

Guidelines, council policies and other site specific considerations

Council's Preservation of Trees and Vegetation - If there are any trees (covered by Council's Preservation of Trees and Vegetation) that may be affected by your proposed works; council's Landscape Development Officer will inspect the site and determine whether the impact on the tree is acceptable. You may also be asked to prepare an Aborist's report to assess the potential impacts of the development. Your plans must clearly show the location of all trees on and near your site.

Flooding - If your site is located in an area that may be subject to flooding, your development must be designed with suitable freeboards; and must not obstruct any drainage easements or flow paths. For more information about flooding controls, please refer to Flood Management or contact Council's Development Engineers.

Construction near stormwater pipes - Your development should not be located over any drainage easements or stormwater pipes. If your proposal is located near a stormwater line, please contact Council's Development Engineers to discuss your proposal.

Construction near sewer lines - If your proposal involves construction over or near a sewer, please refer to the Sydney Water website to obtain their requirements for construction near a sewer.

Planning Certificates - A Planning Certificate (issued under Section 10.7(2), previously known as Section 149(2) of the Environmental Planning and Assessment Act) provides formal advice on land zoning and planning controls applicable to your site.

Step 2: Prepare Plans and Drawings

The following plans may be required:

  • Site Analysis Plan
  • Scaled Plans and Elevations
  • Notification Plans (A4 size)
  • Survey Plan
  • Landscape Plan
  • Drainage Plan
  • Shadow Diagrams
  • Sediment and Erosion Control Plan
  • Streetscape elevation

Note: Plan requirements may vary depending on the scope of your proposal

Step 3: Prepare a Statement of Environmental Effects

The following headings may be used to provide the framework for your statement of environmental effects.

  • Executive Summary
  • Introduction
  • The Site and Surrounds
    • Site description
    • Surrounding development
    • Streetscape
  • Background
    • Design objectives and principles
    • Previous development applications
    • Pre-lodgement consultation
  • Proposed development
    • Description of proposal
    • Compliance with numerical standards
    • Built form and siting
    • Materials and finishes
    • Traffic and parking
    • Landscaping and open space
    • Stormwater drainage and flooding
    • Services
    • Site Management
  • Section 79C assessment
    • Assessment of proposal against relevant environmental planning instruments, draft instruments and development control plans
      • SEPP 55: Remediation of Land
      • SEPP 71: Coastal Protection
      • SEPP (BASIX) 2004
      • Randwick Local Environmental Plan 2012
      • Randwick Comprehensive Development Control Plan 2013
    • Likely impacts of the proposed development
    • Suitability of the site for the proposed development

The following supplementary reports/details may also be required:

  • Heritage impact assessment report
  • Flood study
  • Hydraulic report
  • Geotechnical report
  • Waste management plan
  • Schedule of colours and finishes
  • Contamination investigation report
  • Asbestos survey
  • Environmental assessment of Flora and Fauna

For more information on the supplementary reports, please refer to supplementary report requirements.

Step 4: Complete an application form

You will need to complete an application form & checklist PDF, 346.16 KB, and a cost summary report PDF, 170.76 KB.

The cost summary report must be prepared in accordance with Council's S94A Development Contributions Plan. If the cost of your development is $500,000 or more, a detailed cost report will need to be prepared by a Registered Quantity Surveyor.

The application form must be signed by all land owners and the applicant.

Note: Section 94 or Section 94A Development Contributions may be payable for your development.

Step 5: Lodge the DA with Council

The development application must be lodged with the applicable DA fee. Please contact us to obtain a fee quote.

You may lodge your DA directly with Council at our administration building or by online services. A Council Officer will use the Development Application checklist form to check your application. Council will only accept a DA with all necessary information.

You are required to submit:

  • One (1) copy of the completed DA form and checklist
  • One (1) copy of the cost summary report
  • Two (2) copies of the A4 notification plans
  • Three (3) copies of the survey plan
  • Six (6) copies of all other plans
  • Six (6) copies of the SEE and other supporting documentation

Additional sets of plans and SEEs will also be required if your application requires referral to any external agencies (e.g. Roads and Maritime Services, Heritage Office, Police, etc)

Last Updated: 25 October 2022
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