Northern Beaches Council rules for dual occupancies in 2025

Dual Occupancies – Northern Beaches Council (Former Warringah Area)

Dual occupancies, or what are more commonly known as a ‘duplex’ when attached, are defined as two dwellings on a single lot of land. Dual occupancies have historically been prohibited development on land zoned R2 Low Density Residential within the former Warringah Council Area, now part of the wider Northern Beaches Council. However, recent changes to NSW legislation in response to the ongoing NSW housing crisis have expressly permitted dual occupancy development on land zoned R2 Low Density Residential across the state, overriding the local Council prohibitions on the use in the R2 zone, including within the former Warringah Council Area.

So, what has driven the recent state wide change in permissibility, how are these development applications assessed, how will the local Council planning framework change in response to these state wide controls, and what implications does this have on your property? We’ll explore these topics in depth below.

State Wide Permissibility of Dual Occupancies

Published on the 28 February 2025, Stage 2 of the NSW Governments new Low and Mid rise housing policy was implemented into the State Environmental Planning Policy (SEPP) (Housing) 2021, under Chapter 6 Low and mid rise housing. This policy came into effect immediately upon publication and follows the implementation of Stage 1 of the reforms on 01 July 2024.

This policy broadly aims to encourage and facilitate a higher density of homes within appropriate areas in Sydney and across the state in response to the ongoing NSW housing crisis, which, is the biggest single cost of living pressure people in NSW are currently experiencing[1].

The bulk of the provisions within the Low and Mid rise housing policy apply only to development within what is referred to as “low and mid rise housing areas”, hereafter referred to as ‘LMR areas’. These LMR areas encompass an 800-meter walking distance from identified town centres and railway, metro, and light rail stations. There a 171 of these identified areas across NSW, with the bulk located within the Greater Sydney metropolitan area. The few LMR areas outside of Sydney stretch as far North as Newcastle and Maitland and as far south as Nowra.

Specified residential development within these LMR areas, including dual occupancies, multi-dwelling housing (town houses), and residential flat buildings (apartments), benefit from changes in permissibility and what are referred to as “non-discretionary development standards”. These non-discretionary development standards are essentially state implemented benchmarks that, when achieved on applicable sites, prevent the Council from refusing a development application (DA) based on non-compliance with those standards (as set out in Section 4.15 (2) of the Environmental Planning and Assessment Act 1979). These non-refusal standards pertain to aspects such as maximum floor space ratio, building height, parking provision, site area, lot width, and Torrens-title subdivision.

Further to the provisions afforded to specified residential development within these LMR areas, the Low and Mid rise housing policy has introduced a blanket provision under Section 166 of the SEPP (Housing) 2021 permitting dual occupancy development on all land zoned R2 Low Density Residential. Importantly, this blanket permissibility applies across the entire state and not just development within LMR areas, save for specified excluded areas identified within Section 164 including bushfire prone land, flood prone land (within certain Council areas), land which contains a heritage item, land within areas of high aircraft noise (ANEC 25 or greater), and others.

[1] https://www.nsw.gov.au/media-releases/addressing-housing-crisis-nsw

Whilst this blanket permissibility has made previously prohibited development permissible, the SEPP does not provide the detailed controls that Council use to assess development. This begs the question; how will Council assess an application for a development for which they have no controls?

How are these applications assessed for development that was previously prohibited

In time, Councils across will update both their Local Environmental Plans and Development Control Plans to harmonise with the LMR provisions of Chapter 6 of the SEPP (Housing) 2021. However, in the interim Councils will need to determine how to assess these development applications within the current planning framework.

In the case of development within the former Warringah Area (Northern Beaches Council) there is no dedicated chapter or controls within the Warringah Development Control Plan (DCP) for dual occupancy development in the R2 zone. The DCP does however contain general controls which can be broadly applied to dual occupancy development, although this is not ideal.

Where the DCP is entirely silent on an aspect of the development, or where a control may not be entirely applicable, external guidelines are required to make an informed assessment. Fortunately, the Low Rise Housing Diversity Design Guide for Development Applications (hereafter referred to as the “Design Guide”), published by the NSW Government in July of 2020, serves this exact purpose. The Guide provides consistent planning and design standards for low rise diverse residential dwellings across NSW. This includes provisions for dual occupancy development (attached), manor houses, and multi dwelling housing. Whilst the dual occupancy controls within the Design Guide specifically relate to attached development, it is reasonable to apply these controls to all dual occupancy development, both attached and detached, given the total absence of applicable DCP controls in certain areas.

As this is a developing topic, you should consult with your local Council or town planner if you are unsure what controls will guide your development.

How will the local Council planning framework change in response to these state wide controls?

In response to the implementation of the Low and Midrise housing policy Northern Beaches Council has advertised, and will soon implement, amendments to the current DCP’s (Warringah, Manly, and Pittwater). These amendments provide an additional chapter of controls (Advertised to be part G10 of the DCP) specifically designed to guide Low and Mid-Rise Housing development and bridge the gap until the comprehensive Northern Beaches DCP comes into force, which is anticipated by mid 2026[2]. Notable additions within Part G10 are:

• Detached dual occupancies are heavily discouraged aside from large lots;
• Front and back dual occupancy arrangements are discouraged and side by side are encouraged;
• New side setback, deep soil area, and tree planting controls have been added.

In addition to the DCP changes, the LEP will also be updated to harmonise with the SEPP (Housing) 2021. The forthcoming consolidated Northern Beaches Local Environmental Plan (LEP), which is yet to be publicly exhibited as of time of writing, will presumably permit dual occupancy development within R2 Low Density Residential zones across the entire local government area, and may implement separate standards for such development (FSR, building height, etc.).  However, this is currently speculation and we will need to wait for the draft document to enter the public exhibition period for further information, likely in later 2025 or early 2026.

What do these changes mean for your property?

So how does this impact your property within the former Warringah local government area, zoned R2 Low Density Residential? Well, provided your property does not fall within the exclusion criteria listed in Section 164 of the SEPP (Housing) 2021, then you can now consider a dual occupancy. Permissibility on its own however does not automatically entitle your site to a dual occupancy development. Other key factors such as site area, frontage width, existing trees, bushfire prone land, flood affected land, heritage affectation, and many other factors impact whether development is feasible. If unsure, it is often prudent to consult with a town planner to confirm if your site is suitable for a dual occupancy development and, if so, what design factors to consider.

Further to the above, if your site is located within an identified LMR area and outside of the exclusion criteria, you are likely able to benefit from the aforementioned non-discretionary development standards and potentially other development options, such as multi-dwelling housing (town houses) or a residential flat building (apartments). To check if your site is located in an LMR area the NSW Government has created this online tool. Note, that the mapping associated with the online tool is only approximate and walking distances should be verified should there be any uncertainty.

 Figure 1: Low and Mid-Rise Housing Policy Indicative Map – Former Warringah Area and surrounds

Conclusion

The introduction of the Low and Mid Rise Housing Policy under SEPP (Housing) 2021 has opened a new pathway to dual occupancy development in the former Warringah Council area and throughout NSW, driving progress in housing availability and reshaping property development potential on the Northern Beaches. In response, Northern Beaches Council is updating its DCPs to include specific controls for low and mid-rise housing, with a consolidated DCP and LEP anticipated by mid-2026 to align with Chapter 6 of the SEPP (Housing) 2021 amongst other changes. Property owners can explore dual occupancy opportunities if their sites meet zoning and exclusion criteria, unlocking new development potential in the region.

Please note that the above information is, to my knowledge, correct as of the time of writing. As this is a developing topic you should ensure you check with your local Council or town planner for the latest information.

[2] https://yoursay.northernbeaches.nsw.gov.au/planning-our-sustainable-future/local-environmental-plan-and-development-control-plan