Dual occupancy - minimum lot size

Dual occupancy refers to two dwellings that are developed on one lot of land. The dwellings can be attached or detached. To develop dual occupancy on a property, the size of the land will have to meet the proposed minimum lot size.

This exhibition seeks to:

• inform the community on the changes proposed by the NSW Government to increase housing supply
• invite the community to provide feedback on the 2 options that have been supported by Council and the NSW Government
• assist in selecting a final minimum lot size option which will be reported back to Council in March 2025.

The minimum lot size refers to the minimum size of land that can be developed for a dual occupancy. If the land has an area smaller than the minimum lot size, dual occupancy cannot be developed on the land.

The minimum lot size is a mechanism to ensure the land has sufficient area to deliver both the dual occupancy buildings as well as other development standards such as landscaping, deep soil, tree retention and planting and heritage and streetscape considerations.

This public exhibition presents 2 minimum lot size options (Option A and Option B) and seeks community comment.

In NSW 13 councils, including Ku-ring-gai, do not have a specified minimum lot size for dual occupancy development in their Local Environmental Plan. These councils are now required to work with the NSW Government and propose a minimum lot size that will apply to all future dual occupancy development in their local government area.

In December 2023 the NSW Government announced significant housing reforms to increase housing supply. The reforms included changes that would permit dual occupancy development in 13 local council areas where dual occupancy has been restricted in the R2 (Low Density Residential) zones.

The 13 councils include: Albury, Ballina, Cowra, Hornsby, Inner West, Ku-ring-gai, Lismore, Liverpool, Mosman, Murray River, Northern Beaches (Warringah Local Environmental Plan), Strathfield and Tamworth.

In recognition of the potential impacts that dual occupancy, and its associated small lot size, could have on local government areas with established character and other conflicting constraints, councils are required to undertake investigation to nominate a minimum lot size for dual occupancy development demonstrating their proposed lot size will facilitate the delivery of dual occupancy across 50% of R2 (Low Density Residential) land within the local government area.

Ku-ring-gai Council engaged a specialist consultant to investigate the impacts of dual occupancy development and how to achieve the NSW Government’s requirements. The resulting minimum lot size options (Option A and Option B) are the subject of this exhibition.

Any landowner with a property zoned R2 (Low Density Residential), except for land that has bushfire risk, or a heritage item, or within a Transport Oriented Development area can develop their land as a dual occupancy provided it meets the key requirements:

• it meets the minimum lot size that is finally endorsed by the NSW Government (the final minimum lot size will either be Option A or Option B as proposed in this public exhibition);
• it meets the 18m lot width requirement as proposed in this exhibition.

The NSW Government has determined that within Ku-ring-gai, dual occupancy development will not be permitted on land that:

• has any zoning other than R2 (Low Density Residential); or
• has bushfire risk; or
• is a heritage item; or
• is within a Transport Oriented Development area.

Council engaged a specialist consultant to investigate lot width requirements to ensure dual occupancy development would be able to integrate into the established Ku-ring-gai character. The investigation found that a minimum lot width of 18m would enable small trees and some landscaped area and a lot width of 18-20m would enable larger trees and improved streetscape presentations.

The proposed options include a minimum lot width of 18m to ensure better outcomes for dual occupancy development.

Ku-ring-gai Council’s planning controls have historically restricted dual occupancy development due to concerns regarding ability to support deep soil and tree provision, and their impacts on the established and historical high quality character of built form in garden settings including canopy trees across the local government area and within Heritage Conservation Areas.

Currently, dual occupancy in the Ku-ring-gai local government area is limited to a number of properties listed in the Ku-ring-gai Local Environmental Plan 2015 - Schedule 1 Additional Permitted Uses.

In the past, if residents want their property included in the Ku-ring-gai Local Environmental Plan 2015 - Schedule 1 Additional Permitted Uses dual occupancy list, they had to submit a planning proposal involving lengthy assessment timeframes and cost. The NSW Government housing reforms will automatically allow dual occupancy development on eligible sites within R2 (Low Density Residential) land.

There are 2 pathways to get approval for a dual occupancy:

1. Complying development pathway - this pathway allows the landowner to develop dual occupancy provided it meets the requirements of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. This pathway usually has shorter timeframes and application costs.
2. Development application pathway - where your dual occupancy proposal cannot meet all of the basic standards of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 then a development application will need to be submitted through Council. This pathway enables a merit assessment of the application.

In the NSW planning system, complying development refers to a fast-tracked approval process for straight forward development proposals that meet strict predetermined criteria. These developments can be approved through a complying development certificate (CDC) without the need for a full development application (DA) to the local council.

In the NSW planning system a development application (DA) is a formal request to a local council seeking permission to carry out a proposed development or land use. The DA process is typically required for more complex or significant developments that do not meet the requirements of exempt or complying development.

What is the timing?

• 22 January to 20 February 2025  - Public Exhibition seeks the community’s preferred option for a dual occupancy minimum lot size.
• 18 March 2025 - Public Exhibition engagement reported to Council seeks a finalised minimum lot size to put forward to the NSW Government.
• 1 July 2025 - The NSW Government will amend the Ku-ring-gai Local Environmental Plan 2015 to show the endorsed minimum lot size for Ku-ring-gai, and enable Complying Development and Development Applications to utilise the finalised option for minimum lot size.

The NSW Government has delineated draft Local Housing Areas around train stations and around Local Centres that have a large supermarket and facilities. The Local Housing Areas are based on a 400m and 800m walkability distance from the Centres. We expect the NSW Government to finalise the location of their Local Housing Areas by mid-2025.The NSW Government will set their own standards for dual occupancy development in their Local Housing Areas, including their own minimum lot size of 450 sqm. These standards will be placed in the State Environmental Planning Policy (Housing) 2021.

The NSW Government minimum lot size for dual occupancies within the Local Housing Area will ONLY apply to Development Applications.

The minimum lot size for Complying Development within the NSW Government Local Housing Areas will remain the same as the minimum lot size across all the Ku-ring-gai local government area.

To develop dual occupancy within a Local Housing Area, the following minimum lot sizes will apply for each planning pathway:

• Minimum Lot Size for any Development Application (set by NSW Government) - 450 sqm

• Minimum Lot Size for Complying Development (set by Ku-ring-gai Council)
  • Option A minimum lot size – 1015 sqm or
  • Option B minimum lot size – 1075 sqm

The map and table below show the draft Local Housing Areas around the Ku-ring-gai Local Centres.

Council’s Local Strategic Planning Statement indicates the potential suitability of Neighbourhood Centres for additional housing close to local shops and bus routes. Only five of fourteen Neighbourhood Centres are identified as potentially suitable for targeted dual occupancy delivery as indicated in the table and diagram below. The proposed 700 sqm minimum lot size in Option B will apply to an area within 400m walkability of each neighbourhood centre.

The minimum lot size will apply in heritage conservation areas. Council is intending to introduce additional requirements to ensure new development considers the values of these areas.

Population is expected to increase across NSW over the next 20 years. The numbers and needs of the Ku-ring-gai community are changing. We are strategically located with good connections to the Sydney CBD and other growing employment areas. Given our key arterial road and rail stations our growth is inevitable. If Council does not plan for growth, then the NSW Government will continue to impose development standards on Ku-ring-gai without consideration of the values and historical context of the area.

Council currently has until 1 July 2025 to have a dual occupancy minimum lot size in place endorsed by the NSW Government. Failure to nominate a minimum lot size for Ku-ring-gai will result in the NSW Government applying a 400 sqm min lot size for dual occupancy development across the whole local government area. A 400sqm lot will not be able to deliver deep soil, protect biodiversity and tree canopy, ensure appropriate setbacks and the retention of garden settings that contribute to the local character of Ku-ring-gai including the HCAs.

No. A range of planning issues typically need to be considered before any application can be approved.

The minimum lot size for any type of development is stated and mapped in the Ku-ring-gai Local Environmental Plan 2015. When the NSW Government endorses a minimum lot size for dual occupancy development in Ku-ring-gai these will be included in the mapping of the Ku-ring-gai Local Environmental Plan 2015.

A Transport Oriented Development Area is related to a different housing policy by the NSW Government. These areas surround a number of train stations across the state that have been earmarked for development due to their access to public transport. In Ku-ring-gai there are 4 Transport Oriented Development Areas which are the 400m direct radius around the train stations of Roseville, Lindfield, Killara and Gordon.