WHAT IS A DUAL OCCUPANCY?
A dual occupancy is generally referred to as the erection of two dwellings on land in either a detached or attached layout.
The Hills Shire Council’s Local Environmental Plan 2012 (LEP
2012) defines a dual occupancy as:
“a dual occupancy (attached) or dual occupancy (detached).”
More specifically, LEP 2012 defines:
• An attached dual occupancy as ”2 dwelling on one lot of land that are attached to each other, but does not include a secondary dwelling.”
• A detached dual occupancy as ”2 detached dwellings on one lot of land, but does not include a secondary dwelling.”
Dual occupancies are also known as duplex, granny flat, or in-law accommodation.
IS APPROVAL FROM COUNCIL REQUIRED?
All dual occupancy applications need to obtain Council’s consent before proceeding. This means a development application must be lodged with Council for determination.
Is a dual occupancy permitted in your zone? Attached dual occupancies are permitted in Rural RU1, RU2 and RU6 zones and in all residential zones except for R5 zones. Detached dual occupancies are permitted in all residential zones except for R5 zones, and NOT permitted in any rural zone. Refer to LEP 2012 or the LEP 2012 Land Use Matrix
(http://www.thehills.nsw.gov.au/Local-Environment-Plan.
html#UZwFTNjRXFw) for further information and to confirm permissibility. What is the minimum site area requirement ?
The minimum lot sizes for attached or detached dual occupancy development is as follows (exclusive of any restricted development ares or rights of way in favour of other properties): Dual occupancy attached Zone RUI Primary
Production
10 hectares
Zone RU2 Rural
Landscaping
10 hectares
Zone RU6 transition 2 hectares
Zone R1 General
Residential
1800 square metres Zone R2 Low General
Residential
600 square metres Zone R3 Medium General
Residential
600 square metres Zone R4 High General
Residential
1800 square metres Zone E4 Environmental
Living
2000 square metres Dual occupancy detached Zone R1 General
Residential
1800 square metres Zone R2 Low Density
Residential
700 square metres Zone R3 Medium Density
Residential
700 square metres Zone R4 High Density
Residential
1800 square metres Refer to Part 4 of the LEP 2012 for further information on minimum lot size.
How do I desi gn a Dual Occupancy development ?
Obtain a copy of The Hills Development Control Plan 2012
(DCP 2012) Part A Section 1 – Introduction and Part B Section
3 - Dual Occupancy, available via free download on Council’s website or purchased at Council’s Customer Service Centre.
Developments must be designed in accordance with the controls in these documents.
You are advised to discuss your proposal with your neighbours to consider any suggestions and thereby avoid delay in the processing of the application at a later date.
Can I subdivide my dual occupancy ?
Part 4.1C of LEP 2012 prohibits the subdivision of certain dual
The Hills Shire Council
129 Showground Road, Castle Hill NSW 2154
PO Box 75, Castle Hill NSW 1765
Phone 02 9843 0555 Email council@thehills.nsw.gov.au
Facsimile 02 9843 0409 www.thehills.nsw.gov.au
Environment and Planning Services
Dual Occupancy
The Hills Shire Council
129 Showground Road, Castle Hill NSW 2154
PO Box 75, Castle Hill NSW 1765
Phone 02 9843 0555 Email council@thehills.nsw.gov.au
Facsimile 02 9843 0409 www.thehills.nsw.gov.au occupancies within the Shire. Refer to parts 4.1C and 4.2 of
LEP 2012 for further information.
Is it necessary to discuss the application with a Council
