Can I Subdivide a Dual Occupancy in NSW?

If you're wondering whether you can subdivide a dual occupancy in NSW, the answer depends on your zoning, site layout and how your council interprets the planning rules.

As experienced planning consultants and town planners in NSW, we guide clients through the development application process, provide planning advice for dual occupancy, and help secure council approval even in complex cases.

Before anything else, check the zoning of your property under the local council’s LEP. In R2 Low Density zones, most councils do not permit subdivision of a dual occupancy unless specific exceptions apply.

In contrast, R3 Medium Density zones are more flexible and may allow Torrens or Strata subdivision, provided you meet all planning and building regulations in NSW. This is where a town planner near me specialising in NSW DCP can provide clarity early on and help you avoid setbacks.

Minimum lot size is another critical factor. If your proposed subdivision does not meet the lot size under the LEP, you may need to lodge a Clause 4.6 variation request. In a recent case in the Central Coast, we helped a client seeking subdivision despite a 40-square metre shortfall.

We prepared the required Statement of Environmental Effects for NSW DA and successfully argued the case for a variation based on site-specific merits.

To proceed, you’ll need to prepare a full development application. This includes a detailed site plan, shadow diagrams, stormwater strategy, and sometimes a heritage impact statement if your site is within a conservation area.

Our town planning services for residential development in NSW also include preparing documents for council submission for secondary dwelling approvals when needed.

Every element must align with local DCP provisions to get a planning permit in NSW and ensure DA approval.

Access, parking, and private open space must also comply. Councils will assess whether each proposed lot has its own services and access. In one recent dual occupancy project in Lake Macquarie, we assisted a homeowner looking to subdivide their new attached dual occupancy.

With forward planning, we adjusted the design to allow for separate driveways, waste storage, and compliant setbacks. Council approved the subdivision after just one round of RFI responses.

If you are planning to build with subdivision in mind, it’s essential to get expert planning advice early. A qualified NSW town planning consultant for subdivision approval can work with your architect or drafter to align the building layout with future subdivision goals.

This approach reduces redesign costs and improves your chance of a smooth DA process.

Whether you need a planning permit in NSW, expert help with Clause 4.6, or a town planner for commercial change of use in NSW, it pays to work with professionals who understand the system.

Knowing how to get a DA approved in NSW takes more than filling out a form. It requires local insight, technical accuracy, and experience negotiating with council officers across different LGAs.