Dual Occupancies and Semi-detached Dwellings

The State Environmental Planning Policy (Housing) Amendment (Dual Occupancies and Semi-detached Dwellings) 2024 (Amendment SEPP) commenced operation on 1 July 2024.

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 Hornsby Shire, subject to certain exceptions dealing with sensitive land.

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 the Hawkesbury Nepean catchment;
  
  (Note: Flood prone land is based upon the Probable Maximum Flood (PMF))
• 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.

If you are located within the Hawkesbury Nepean catchment(PDF, 3MB) you will need to ascertain whether your site is flood prone land and it will be necessary to apply for a 10.7 Planning Certificate from Council.

(Note: The Hawkesbury Nepean Catchment is land located north of Castle Hill Road and west of Pennant Hills Road & M1 Motorway)

Minimum lot size and subdivision for dual occupancies in Zone R2 - Dual Occupancies and Semi-detached Dwellings

The following minimum lot sizes (Parent lot) and minimum subdivision lot size (Child Lot) apply for dual occupancy development.

	Dual occupancy (attached)	Dual occupancy (detached)
	Parent	Child	Parent	Child
Land not within an HCA	700sqm	350sqm	800sqm	400sqm
Land within an HCA (Heritage Conservation Area(PDF, 2MB))	800sqm	400sqm	900sqm	450sqm

Parent lot refers to the original lot that a dual occupancy may be carried out on, child lot refers to the new lot formed as the result of a subdivision of the parent lot.

Please note:

• Development consent cannot be granted for the erection of dual occupancies unless the development complies with the minimum parent and child lot areas in the table above.
• Subdivision of approved dual occupancies can only occur after the dwelling(s) have been erected and an Occupation Certificate issued.
• Have only one dwelling located on the lot (i.e. cannot include a secondary dwelling).
• If the lot is a battle-axe lot or has an access handle, the area of the access handle is not included in calculating the size of the lot.

Controls to guide the development of dual occupancies in Hornsby Council are located in Part 1, 3 and 6 of the Hornsby Development Control Plan (HDCP).

Stage 2 – Low – Midrise Housing reforms - Subdivision of Dual Occupancies and Semi-detached Dwellings

The following development standards only applies to properties located within 800 metres walking distance of Asquith, Hornsby, Thornleigh, Pennant Hills and Waitara Railway Stations.

As part of the Stage 2 Low to Mid-rise Housing reforms, the Department of Planning, Housing and Infrastructure has amended State Environmental Planning Policy (Housing) 2021 as follows:

• 2 dwellings on one lot
• Permitted in R2 zones

New non-discretionary development standards

In R1, R2, R3 and R4 zones:

• Lot size: min 450 m2
• Lot width: min 12 m
• Floor space ratio: max 0.65:1
• Height of building: max 9.5 m
• Car parking: 1 space per dwelling
• Subdivision (R1, R2, R3 only): min 225 m2 per lot / 6 m width per lot

Council recommends a pre-lodgement meeting for Dual Occupancy development sites to provide feedback on the technical and merit aspect of the proposal. During this meeting staff will review your plans, refine them as needed, and offer guidance on the most effect way to proceed.

To further assist you, a link to the Department of Planning’s policy and factsheet is provided below:

• Planning policy – Diverse and well located homes
• Unpacking low-rise housing - Low and Mid-Rise Housing Policy
• Summary of key provisions in State Environmental Planning Policy (Housing) 2021

Note: Attached dual occupancies are permitted in certain Rural zones of Hornsby Shire under the provisions of the Hornsby Local Environmental Plan 2013.