Posted on July 1, 2024 by Megan Hawley and Thuy Pham
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ALERT – Permissibility of Dual Occupancies and Semi-detached Dwellings in Zone R2
The State Environmental Planning Policy (Housing) Amendment (Dual Occupancies and Semi-detached Dwellings) 2024 (Amendment SEPP), which seeks to encourage development for the purposes of dual occupancies and semi-detached dwellings in Zone R2 R2 Low Density Residential, has been published.
The Amendment SEPP amends the State Environmental Planning Policy (Housing) 2021 (Housing SEPP) and the State Environmental Planning Policy (Exempt and Complying Development Codes) (Codes SEPP).
The Amendment SEPP commenced operation today, 1 July 2024.
In summary, the Amendment SEPP provides that:
- Development for the purposes of dual occupancies and semi-detached dwellings is permitted with development consent in Zone R2 across the State, other than in the Bathurst Regional, City of Hawkesbury. City of Blue Mountains, and Wollondilly local government areas, subject to certain exceptions dealing with sensitive land.
- Development for the purposes of dual occupancies carried out in the R2 Zone is not complying development under the Codes SEPP, unless the local environmental plan also permits dual occupancies in the zone.
Permissibility in Zone R2
The Amendment SEPP introduces Part 12 to the Housing SEPP. Section 141C of the Housing SEPP now provides that development for the purposes of dual occupancies and semi-detached dwellings is permitted with consent in Zone R2 Low Density Residential.
Since a SEPP takes precedence over a local environmental plan, section 141C will override any prohibition on dual occupancies and semi-detached dwellings in the R2 Zone in the local environmental plan for all local government areas other than those noted above.
However, the provision does not apply to land that is:
- in a Transport Oriented Development Area as defined in the Housing SEPP;
- a heritage item or on which a heritage item is located;
- bush fire prone land;
- certain flood prone land or land within flood planning areas in certain local government areas;
- in a coastal vulnerability area or a coastal wetlands and littoral rainforests area;
- in an ANEF contour or ANEC contour of 20 or greater; or
- land within a certain distance of certain pipelines.
Not Complying Development under Codes SEPP
The Amendment SEPP also inserts sub-section 1.19(3B) into the Codes SEPP, which provides that those dual occupancies carried out in Zone R2 that are now permitted with consent under the new Part 12 of the Housing SEPP are not complying developing under the Low Rise Housing Diversity Code. However, this does not apply to any dual occupancies which were already permitted in Zone R2 under the relevant local environmental plan. That is, it will not prevent a dual occupancy being carried out as complying development if it could be carried out as complying development before the Amendment SEPP came into force.
The State Environmental Planning Policy (Housing) Amendment (Dual Occupancies and Semi-detached Dwellings) 2024 can be found here.
If you have any questions regarding this article, please contact Megan Hawley on 02 8235 9703 or Thuy Pham on (02) 8235 9731.
This is a great summary. Question in regard to land in which DO’s are already permissible in the R2 zone. Cl 3b.8 of the Codes SEPP states that the parent lot must not be less than whichever is the greater of the following—
(a) 400m2,
(b) the minimum lot area specified for dual occupancies in the environmental planning instrument that applies to the land concerned.
Is there now a third consideration where a parent lot need not comply with (b) above, as long as it complies with the soon to be release controls associated with todays amendment? eg if an LEP has a 600sqm minimum DO lot size and the lot in question is 550sqm, this may now permissible through a DA process?
Hi Theo,
I cannot provide specific advice on the particular provision referred to. However, if a development application is being lodged and you are not relying on the complying development provisions in the Codes SEPP, the standards in the Codes SEPP will not apply.
Currently there is no change to the position where the LEP already permitted dual occupancies in the R2 zone.
Regards
Megan
Excellent review !
My question is about he R2 lands in Parramatta council located within the Dual Occupancy Prohibition area in the LEP, will these R2 lands allow to build duplex via DA process ? Please advise.
Hi Anthony,
The purpose of the article is to provide general information, not to provide legal advice on specific provisions or circumstances.
However, as noted in the article, the new provision in the Housing SEPP will override the local environmental plan (to the extent of the inconsistency). You should also take note of the exceptions referred to in the article in respect of sensitive land.
Regards
Megan
Is the minimum lot size still being reduced to 450sqm? This SEPP amendment doesn’t do that. Should we expect another soon?
Hi Bob,
It is not clear when, if at all, there will be any further changes to implement the previously announced ‘non-refusal standards’ which included the 450m2 minimum lot size.
Regards
Megan
Hi Megan and Thuy,
Thank your the great review and summary. Will there be a similar amendment to the SEPP for manor houses and terraces which were announced together with the duplex announcement back in November last year. Cheers, Michael.
Hi Michael,
The press release on 29 June states that ‘other low and mid-rise housing reforms will commence later in 2024’.
Regards
Megan
I recall that the discussion paper indicated that the changes would also permit the torrens title subdivision of dual occupancies. This doesn’t appear to be addressed by this change to the legislation or am I missing something?
Hi Phillip,
The changes made yesterday do not deal with subdivision.
Regards
Megan
Hi there
Appreciate your article and the responses.
It becomes difficult to achieve an ROI without subdivision.
Do you know if there are any plans to address subdivision? Or is that likely to continue to be controlled by councils that register land?
The press release on 29 June states that ‘other low and mid-rise housing reforms will commence later in 2024’. It is not clear when, if at all, there will be any further changes to implement the previously announced ‘non-refusal standards’ which included changes to minimum lot sizes.
Regards
Megan
Thanks Megan.
If a Dual Occ is now permissible pursuant to this SEPP, does it follow that subdivsion of that Dual Occ is also permissible?
Hi Paul,
The recent changes do not do anything about subdivision, so no it doesn’t follow.
Regards
Megan
Thank you for your excellent disclosure of that which the minister for planning and our local sate member have seemingly been unable/unwilling to provide. From what I can see and have been told, owners of properties on land for which dual occupancy was previously prohibited will still face stubborn consent refusals from councils who have previously proved to be arbitrarily opposed to anything not of their self serving design. ie Parramatta who stand against dual occupancy within short walking distance of Epping station, bus stops and interchange, Metro, major shopping centres, numerous schools, Macquarie University, Ryde hospital. In stark contrast, they maintain this attitude whilst pandering to mid and and high rise developments all around us and indeed miles away from the utilities and services mentioned above.