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How to Check If My Property Qualifies for a Dual Occupancy?

Updated: Jul 26

Adding a second dwelling to your property is one of the most effective ways to increase value and rental return.


But not every site in New South Wales qualifies for dual occupancy.


At Town Planning Sydney, we offer clear planning advice and expert support to help you determine if your land is eligible.


Here’s what to check before preparing a development application.


dual occupancy NSW

1. Start with your property zoning

The first step is checking your zoning under the Local Environmental Plan. Most councils only permit dual occupancy in specific residential zones.


For example, R2 Low Density zoning often excludes detached dual occupancy unless the council allows it with consent.


Our planning consultants check your zoning and whether dual occupancy is listed as permitted with consent or prohibited.


2. Check your lot size and width

Each council has a minimum lot size and frontage for dual occupancy development.


In many LGAs, you’ll need at least 600 square metres and a 15-metre frontage, but this varies widely.


In a recent Blacktown project, we advised a client that their 570 sqm lot was ineligible under current controls.


Instead, we helped them lodge a compliant secondary dwelling DA.


3. Consider site constraints and overlays

Some properties are ruled out due to flooding, bushfire, easements or heritage controls.


These overlays can make dual occupancy impossible or trigger extra reports and delays. In Campbelltown, we advised a client early that a drainage easement across the rear setback limited buildable area.


Our town planning team revised the concept to ensure DA approval was achievable.


4. Review DCP controls for setbacks, parking and design

Even if your site is zoned correctly, the design must still comply with the Development Control Plan.


This includes minimum setbacks, private open space, parking and visual impact. We prepare designs that meet all DCP requirements from day one.


In Canterbury-Bankstown, we supported a dual occupancy with revised car parking to meet rear-lane access rules.


Town planner assessing a residential site in NSW

The council approval came through without a Section 4.55 modification.


5. Request a planning feasibility assessment before designing

Many clients waste time on concepts that will never be approved. Our feasibility checks assess zoning, controls, constraints and approval likelihood.


We also identify whether a development application or Complying Development is the best path. This gives you clarity before you invest in surveys or drafting.


6. Use a planning-led approach to improve your chances of approval

We combine in-house drafting and planning consultant input to create DA-ready designs.


Our goal is to avoid refusal, delays or redesign costs.


In Georges River, our early involvement meant council raised no objections to the height and scale of a proposed dual occupancy.


The project was approved within the standard timeframe.

 
 
 

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