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 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)
Should a property be mapped as bushfire prone land, flood prone land or a heritage item, Dual Occupancies and Semi-detached Dwellings will not be permitted on the land.
Subdivision of Dual Occupancies and Semi-detached Dwellings – R2 zoned lands
Council at its meeting on 12 February 2025, nominated the following minimum lot sizes and lot width control 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) | 800sqm | 400sqm | 900sqm | 450sqm |
| A minimum frontage width of 16m is proposed for parent lots | ||||
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.
Subdivision standards for Dual Occupancies and Semi-detached Dwellings will not come into force until 1 July 2025. The Department of Planning, Housing and Infrastructure (DPHI) will be responsible for inserting the new controls into the HLEP and the final outcome of the implementation will be dependent on agreement from DPHI and Parliamentary Counsel’s Office.
At this point in time the Department of Planning has not specified planning controls applicable to Dual Occupancies and Semi-Detached dwellings. This will be subject to Council preparing amendments to the Hornsby Development Control Plan to guide future development applications which are anticipated to be adopted by 1 July 2025.
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.