FACT SHEET 1 - sutherlandshire.nsw.gov.au · 4-20 Eton Street, SUTHERLAND NSW 2232 Tel 02 9710 0333 Fax 02 9710 0265 Email [email protected] FACT SHEET 1 Dual Occupancy Development

4-20 Eton Street, SUTHERLAND NSW 2232 Tel 02 9710 0333 Fax 02 9710 0265 Email [email protected] www.sutherlandshire.nsw.gov.au

FACT SHEET 1 Dual Occupancy Development

Fact Sheet 1 – Dual Occupancy Development Page 1-1 Published 29/08/2012

FACT SHEET 1 Dual Occupancy

Development

1.1 Disclaimer Sutherland Shire Local Environmental Plan 2006 (SSLEP2006) was published in the New South Wales Government Gazette, Special Supplement Number 138 pages 1 to 172 on 15 November 2006. The Plan has been amended a number of times, the most recent amendment being Amendment No 9. The following extracts, explanatory notes and diagrams have been provided for guidance purposes only and do not form part of the Plan made by the Minister. This document has been prepared for ease of reference only. The material is intended for general use and information only. Users should use their own skill and care with respect to the use of material at or from this website. The material within this fact sheet is made available for general use and information purposes only. It is not provided as professional advice. Before relying on the material, users should obtain appropriate professional advice relevant to their particular circumstances to evaluate its accuracy, currency, completeness and relevance for their purposes. No person should place reliance on information from the fact sheet in circumstances where loss, damage or injury is possible. Whilst Sutherland Shire Council attempts to ensure the accuracy and currency of all information within the fact sheet, it is not verified information and Council does not guarantee the accuracy and currency of the information. Sutherland Shire Council does not warrant that the information within this fact sheet can be relied on and expressly disclaims all warranties, express or implied, and does not warrant or make any representations regarding the use of any information within the fact sheet. Persons or corporations looking at this document should, prior to taking any step dependant upon or concerned with the zoning of any land or its development potential, seek independent legal advice and obtain from Sutherland Shire Council a certificate under section 149(2) or (5) of the Environmental and Planning Assessment Act which refers to the specific property in respect of which the application is to be made. SSLEP2006 includes provisions for dual occupancy development across the Shire. However, the provisions within the plan contain restrictions on the types of lots that may be used for dual occupancy, the manner in which dual occupancies may be subdivided and the zones in which subdivision of dual occupancy may occur. Generally, the provisions of the plan operate to constrain opportunities for dual occupancies on land in Zone 1 - Environmental Housing (Environmentally Sensitive Land) and Zone 2 - Environmental Housing (Scenic Quality). These are the zones that generally comprise the foreshore areas of the Shire.



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In some cases special controls may apply to a particular site over and above those that would apply to the particular zone or use. For example, there are extra controls for land affected by flooding, bushfire risk and acid sulfate soils.

In addition to zoning maps in SSLEP 2006, also check other LEP mapping layers and provisions for:

Acid sulfate soils Flood Planning Map Wetlands Heritage items Bushfire prone land There are also special controls for localities and specific sites across the Shire. Each of these is illustrated on a mapping layer that sits under either SSLEP 2006 or Sutherland Shire Development Control Plan (SSDCP) 2006. All of these map layers are available on Council’s website. The following information provides extracts of the SSLEP2006 which are relevant to dual occupancy development and explanatory notes. This information is provided to assist in the public understanding of the provisions. It is important to remember, however that compliance with these numerical controls does not automatically guarantee approval. Both SSLEP 2006 and SSDCP 2006 contain many objectives and non-numerical controls that also need to be considered in any determination of a development application.

40 Dual occupancies—internal lots and lot sizes

(1) This clause applies to land in Zone 1—Environmental Housing (Environmentally Sensitive Land), Zone 2—Environmental Housing (Scenic Quality), Zone 3—Environmental Housing (Bushland), Zone 4—Local Housing or Zone 5—Multiple Dwelling A.

(2) Despite any other provision of this plan, the following are prohibited on land to which this clause applies: (a) the subdivision of land for the purpose of a dual occupancy, whether attached or

detached, if the lot on which the dual occupancy is proposed is an internal lot, (b) the subdivision of land to create a separate lot for each dwelling that currently

comprises a dual occupancy, if any of the resulting lots would be an internal lot, (c) the erection of a dual occupancy, or the erection of a second dwelling, whether

attached or detached, to create a dual occupancy on an internal lot, other than if one of the dwellings comprising the dual occupancy has a gross floor area not exceeding 65 square metres.

(Con’t over)



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(3) Despite any other provision of this plan, the subdivision of land to create a separate lot for each dwelling that currently comprises a dual occupancy is prohibited if the land is in Zone 1—Environmental Housing (Environmentally Sensitive Land) or Zone 2—(Environmental Housing (Scenic Quality).

(4) The minimum area and minimum width of a lot of land in Zone 3—Environmental Housing

(Bushland), Zone 4—Local Housing or Zone 5—Multiple Dwelling A is 800 square metres and 18 metres, respectively, if: (a) there is a dual occupancy on the lot, and (b) it is proposed to subdivide the lot to create a separate lot for each dwelling that

currently comprises the dual occupancy.

(5) Subclause (4) does not apply to a subdivision to create a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986.

(6) Despite any other provision of this plan, the subdivision of land to create a separate lot for

each dwelling that currently comprises a dual occupancy is prohibited if one of the dwellings has a gross floor area that does not exceed 65 square metres.

(7) Despite any other provision of this plan, if proposed development on a lot is for dual

occupancy in a zone shown in Column 1 of the following Table and both the dwellings comprising the dual occupancy will each have a gross floor area greater than 65 square metres, development consent must not be granted to the development unless the lot is equal to or greater than the minimum area specified in Column 2 of that Table for that zone.

Table

Column 1 Column 2

Zone Minimum area (square metres)

Zone 1—Environmental Housing (Environmentally Sensitive Land)

850

Zone 2—Environmental Housing (Scenic Quality)

700

Zone 3—Environmental Housing (Bushland)

600

Zone 4—Local Housing 600

Zone 5—Multiple Dwelling A 600

Note. The term dual occupancy is defined in the Dictionary to mean 2 dwellings (whether attached or detached) on 1 lot of land. If that lot is subdivided, the dwellings cease to be a dual occupancy.

http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dact%20AND%20Year%3D1973%20AND%20no%3D68&nohits=y





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1.2 What is a dual occupancy? Dual Occupancy is defined by SSLEP2006 as follows:

1.3 Where are dual occupancies permitted? Dual occupancies are allowed with consent in the following zones: Zone 1 - Environmental Housing (Environmentally Sensitive Land) Zone 2 - Environmental Housing (Scenic Quality) Zone 3 - Environmental Housing (Bushland) Zone 4 - Local Housing Zone 5 - Multiple Dwelling A However, a dual occupancy cannot be erected on an internal lot. Permissibility is however, only one step in the process of securing development consent. All development applications must meet the zone objectives and be assessed against the statutory requirements set by SSLEP2006, the detailed development controls contained in Sutherland Shire Development Control Plan 2006 (SSDCP2006) and the matters identified by Section 79C of the Environmental Planning and Assessment Act 1979. 1.4 Do dual occupancies always require development consent? Yes, unless under 65 m2 and completed as complying development under the State Environmental Planning Policy (Affordable Rental Housing) 2009.

SSLEP2006 Extract:

Dictionary

Dual occupancy means 2 dwellings (whether attached or detached) on 1 lot of land.



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1.5 What is the minimum land area needed for a dual occupancy? The minimum site area required to build a dual occupancy where both the dwellings comprising the dual occupancy will each have a gross floor area greater than 65 square metres, is outlined in the table below for each of the following zones:

Zone Minimum area (square metres)

Zone 1—Environmental Housing (Environmentally Sensitive Land)

850

Zone 2—Environmental Housing (Scenic Quality)

700

Zone 3—Environmental Housing (Bushland)

600

Zone 4—Local Housing 600 Zone 5—Multiple Dwelling A 600

The minimum areas outlined above apply, where both dwellings comprising the dual occupancy have a gross floor area greater than 65 square metres. If a dual occupancy development includes one small dwelling that has a gross floor area under 65 square metres (such as a granny flat), the development does not need to meet the minimum areas specified in the above table. This will encourage the development of small dwellings under 65 square metres as part of dual occupancy developments on lots that do not meet the minimum areas specified in the above table. The minimum lot size applicable is specified to ensure that dual occupancy dwellings will be able to be built on the lots without compromising the amenity of the future residents or neighbours, and to ensure adequate space is provided for the ancillary aspects of development such as landscaping, private open space, drainage, parking and vehicle access. The minimum lot size objectives are specified in Clause 37 of SSLEP2006. The objectives must be satisfied as well as the numerical standards in Clause 40. All applications must be assessed on their merits. It is possible that a proposed dual occupancy which complies with the minimum lot size may be refused if there are specific constraints which mean that the objectives are not satisfied. The following information provides an extract of the SSLEP 2006 of the objectives to be considered as part of applications for both the construction and subdivision of a dual occupancy:



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SSLEP2006 Extract: 37 Objectives of clauses 39–42

The objectives of clauses 39–42 are as follows: (a) to ensure that a new lot created for the purpose of a dwelling house has a

sufficient area available for:

(i) a dwelling house and ancillary facilities, and (ii) an outdoor recreation and service space, and (iii) vehicular access to and from the site,

(b) to ensure that a sufficient area is available for building setbacks to reduce the

effect of radiated heat from bush fire on bush fire prone land, (c) to ensure that newly created lots provide adequate building area to accommodate

the type of dwellings that are proposed to be built on such lots, (d) to ensure that the area and width of lots are sufficient for their intended purpose

and provide sufficient space for negative externalities to be resolved on site, (e) to ensure that a sufficient area of land is available, in connection with

development, for landscaping, drainage and parking so as to achieve a satisfactory residential amenity,

(f) to ensure new development complements the established scale and character of

the streetscape where the development is carried out, and does not dominate the natural qualities of its setting.



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1.6 Can I subdivide a dual occupancy lot? In Zones 1 - Environmental Housing (Environmentally Sensitive Land) and Zone 2 – Environmental Housing (Scenic Quality), dual occupancies cannot be subdivided under any circumstances. New or existing dual occupancies can be subdivided if the following are satisfied:

1. They are in Zones 3, 4 or 5, and 2. The lot is not an internal lot and the subdivision of the dual occupancy does

not create an internal lot, and 3. The objectives in clause 37 are satisfied.

However, the Subdivision of land (Torrens Title) is only permitted where the lot has a minimum area of 800 m2 and minimum width of 18m. Strata Title subdivision of lots with a minimum area of 600 m2 is permissible but points 1, 2 and 3 must be satisfied. A dual occupancy development where one of the dwellings does not exceed 65 m2 in gross floor area (ie a granny flat) cannot be subdivided. However, a dual occupancy with a gross floor area not exceeding 65 m2 can be built on an internal lot. 1.7 What is an internal lot? SSLEP2006 defines an internal lot as:

Generally, an internal lot is one where the street frontage consists primarily of an access corridor, or lots that have no street frontage. There may be cases where the access corridor provides more than just a means of access. Given the variety in the shape of lots, individual cases will have to be determined on their merits as to whether they fit the definition or not.

SSLEP2006 Extract: Dictionary

internal lot means a lot to which there is no practical means of vehicular access by car or to which the only practical means of vehicular access is by way of:

(a) an access corridor (in the case of a hatchet-shaped lot), or (b) a right of way that traverses another lot, or (c) an access corridor that is common property in a strata plan or community title

scheme.



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In any zone, a dual occupancy cannot be built on an internal lot. In any zone, a dual occupancy cannot be built on lots where the only practical means of vehicular access is by way of a right of way over another lot. The only exception to the above is where a dual occupancy or a second dwelling is proposed on an internal lot if one of the dwellings comprising the dual occupancy has a gross floor area not greater than 65sqm. Illustrations 1 and 2 below are examples of internal lots where dual occupancy dwellings cannot be built.

Illustration 1 (Not To Scale): Internal Lot (Battle axe shaped lot)

Illustrations 2 - 8 below illustrate other subdivision scenarios

Illustration 2 (Not to scale) Illustration 3 (Not to scale)



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Strata subdivision of proposed dual occupancy relying on Common Property to enable access is not permissible. Illustration 2 shows an existing dwelling with the addition of a new dwelling forming a dual occupancy proposal. Illustration 3 shows two new dwellings forming a dual occupancy proposal. These examples would not be acceptable even if the dwellings were attached.

Illustration 4 (Not to scale)

Existing dual occupancy within Zones 3, 4 or 5 previously approved by Council, whether attached or detached, cannot be strata subdivided as shown in illustration 4.

Illustration 5 (Not To Scale) Standard Mid-Block Lot



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In any Zones 3, 4 and 5, the rear dwelling cannot be subdivided when to do so would create an internal lot.

Corner Properties

Illustration 6 (Not To Scale) Illustration 7 (Not To Scale)

In Zones 3, 4 and 5, subdivision of dual occupancies is permitted on corner lots with a minimum area of 800 m2 with a minimum 18m width (Torrens Title possible). Strata Title subdivision is permissible on smaller lots.

Dual Frontage Lots

Illustration 8 (Not To Scale)

Dual Frontage Lot



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In Zones 3, 4 and 5, subdivision of dual occupancies is permitted on dual frontage sites with a minimum area of 800m2 with a minimum 18m width (Torrens Title possible). Strata Title subdivision is permissible on smaller lots. This subdivision arrangement is only possible where there is practical vehicular access to each dwelling from the street that serves that dwelling.

1.8 What is the height limit for a new dual occupancy?

A maximum height limit of two storeys applies to dual occupancy development. The LEP provision limiting height also contains a height limit in metres. The limit is 7.2 metres to the uppermost ceiling and 9m to the highest point on the roof. Even on sloping sites, the proposed building must comply with the two storey and numerical height limits at all points to satisfy the development standard.

The development must also satisfy the height objectives in clause 33 quoted in the following extract:

SSLEP2006 Extract: 33 Building Height

(2) Objectives The objectives of this clause are as follows:

(a) to ensure the scale of buildings: (i) is consistent with the desired scale and character of the

street and locality in which the buildings are located, and (ii) complements any natural landscape setting of the buildings,

(b) to allow reasonable daylight access to all buildings and the public domain, (c) to minimise the impacts of new buildings on adjoining or nearby properties

from loss of views, loss of privacy, overshadowing or visual intrusion, (d) to ensure that the visual impact of buildings is minimised when viewed from

adjoining properties, the street, waterways and public reserves, (e) to ensure, where possible, that the height of non-residential buildings in

residential zones is compatible with the scale of residential buildings on land in those zones.

(3) The consent authority must not consent to development for the purpose of a

building unless it has considered the objectives of this clause.

(4) Height of building generally- default position

A building must comply with each of the following:

(a) The building must not comprise more than 2 storeys. (b) The building must not exceed the following:

(i) a height of 7.2 metres, as measured vertically from ground level to any point on the uppermost ceiling in the building.

(ii) a height of 9 metres, as measured vertically from ground level to the highest point of the roof of a building



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1.9 How is storey defined? The definition of storey within SSLEP2006 is different from that which applied under SSLEP2000. The primary difference is that foundation space, basements, garages or the like which have an external wall height greater than 1m above ground level are counted as a storey. This 1m rule cannot be varied under State Environmental Planning Policy No. 1. However, the two storey height limit specified in Clause 33 is subject to variation under SEPP No. 1.

The new definition also includes attics as a storey if they fit the criteria specified in the definition. The definition of a storey is reproduced below:

1.10 How is site area determined?

For the purposes of determining building density and landscaped area, some parts of a site may be excluded as noted in the following extract:

SSLEP Extract: Dictionary

storey means a space within a building situated between one floor level and the floor level above, or the ceiling or roof above, and includes the space within the following:

(a) foundation areas, garages, workshops, storerooms, basements and the like, whose external walls have a height of more than 1 metre, as measured vertically from the ground level immediately below,

(b) an attic within a residential building, but only if:

(i) the roof of the attic is pitched from more than 300mm above the floor of the attic or at an angle of more than 35 degrees, or

(ii) the area of the attic exceeds 60 percent of the floor space of the floor level below.

SSLEP2006 Extract:

35 Building Density

(4) Site

The following is taken to be excluded from the site of proposed development for the purposes of this clause:

(a) land on which the proposed development is prohibited under this plan (other than land on which the proposed development is prohibited solely because of the application of clause 17),

(b) in the case of an internal lot: (i) any access corridor to or from the lot (if the lot is a hatchet-shaped lot), and (ii) any right of way that traverses another lot.



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An example of a situation where ―land on which the proposed development is prohibited‖ occurs when a site has dual zoning and one of the two zones does not permit construction of a dwelling house. For example some properties adjoining bushland have a dual zoning with part of the site zoned for residential development and part of the site zoned for environmental protection. Dwelling houses cannot be constructed in the part of the site zoned for environmental protection. Therefore this part of the site is not included when calculating site area for the purposes of determining the maximum density and minimum landscaped area. 1.11 How is building density calculated? Building density is the proportion of building (expressed as gross floor area) to site area. The amount of floor space created by development is known as the gross floor area. Generally, the amount of floor space allowable for a development is expressed as a ratio of gross floor area to site area, known as a floor space ratio (FSR). The SSLEP2006 extract giving the definition of floor space ratio is included below.

1.12 What is the maximum building density allowable? In Zone 3 - Environmental Housing (Bushland), Zone 4 - Local Housing and Zone 5 - Multiple Dwelling A, the maximum floor space ratio permissible is 0.45:1. For example, for a site of 1000 m2 with a maximum allowable floor space ratio of 0.45:1, 450 m2 of gross floor area is allowed. For sites with area up to 850 m2 in Zone 1 - Environmental Housing (Environmentally Sensitive Land) and Zone 2 - Environmental Housing (Scenic Quality), a maximum gross floor area of AS x 0.4 applies, where AS is the area of the site in square metres. For sites greater than 850 m2 in Zones 1 and 2, a sliding scale for calculating allowable floor space ratio and minimum landscaped area has been introduced to protect the landscape and scenic qualities of these sensitive zones. The sliding scale means that allowable floor space increases for larger lots, but the proportion of additional floor space does not increase at the same rate as the increase in site area.

SSLEP2006 Extract:

35 Building Density (3) Definition of ―floor space ratio‖ For the purposes of this plan: Floor space ratio means the ratio of the gross floor area of all buildings within a site to the site area.



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When a dual occupancy is added to a site with an existing dwelling, the floor area of the existing dwelling plus the proposed dwelling must not be more than the total allowable floor area for the site. There may also be other buildings on a site such as a shed or studio which are counted in the total gross floor area for the site.

SSLEP2006 Extract 35 Building Density

(5) Maximum gross floor area in Zone 1 or 2

The maximum gross floor area of all buildings on a site in Zone 1—Environmental Housing (Environmentally Sensitive Land) and Zone 2—Environmental Housing (Scenic Quality) is to be as indicated in the following table:

Area of site (m2) Maximum gross floor area (m2) Less than 850 AS x 0.4 850-less than 1,200 (AS – 850) x 0.3 + 340 1.200- less than 1,800 (AS – 1,200) x 0.25 + 445 1,800 or more (AS – 1,800) x 0.2 + 595

where AS is the area of the site in square metres.

(6) Maximum floor space ratios

The maximum floor space ratio applying to development for the purpose of a building on a site in Zone 3—Environmental Housing (Bushland) is 0.45:1.

(7) The maximum floor space ratio applying to development for the purpose of a building on a site in Zone 4—Local Housing is as follows:

(a) in the case of a hostel—0.75:1 (b) in any other case—0.45:1.

(8) The maximum floor space ratio applying to development for the purpose of a building on a site in Zone 5—Multiple Dwelling A is as follows:

(a) in the case of a dual occupancy or dwelling house—0.45:1, (b) in the case of a hostel—0.75:1, (c) in any other case—0.7:1.



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1.13 What is included in the measurement of gross floor area? The SSLEP 2006 definition of gross floor area is reproduced below:

The SSLEP 2006 definitions of basement, attic and mezzanine are reproduced below:

SSLEP 2006 Extract: Dictionary

gross floor area means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4 metres above the floor, and includes:

(a) the area of a mezzanine, and (b) habitable rooms in a basement or an attic, and (c) any shop, auditorium, cinema, and the like, in a basement or attic,

but excludes:

(d) any area for common vertical circulation, such as lifts and stairs, and (e) any basement:

(i) storage, and (ii) vehicular access, loading areas, garbage and services, and

(f) plant rooms, lift towers and other areas used exclusively for mechanical services or ducting, and

(g) car parking to meet any requirements of the consent authority (including access to that car parking), and

(h) any space used for the loading or unloading of goods (including access to it), and

(i) terraces and balconies with outer walls less than 1.4 metres high, and (j) voids above a floor at the level of a storey or storey above.

SSLEP 2006 Extract: Dictionary basement means the space of a building where the floor level of that space is predominantly below ground level and where the floor level of the storey immediately above is less than 1 metre above ground level. attic means any habitable space, but not a separate dwelling, contained wholly within a roof above the ceiling line of the storey immediately below, except for minor elements such as dormer windows and the like. mezzanine means an intermediate floor within a room.



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The floor area of any other building on site that fits within the definition of gross floor area must also be included in the calculation of gross floor area. For example a shed would generally fit the definition of gross floor area. In relation to car parking, any enclosed parking areas, vehicular access or manoeuvring areas in excess of Council’s requirements will count as gross floor area. Refer to SSDCP 2006, Chapter 7 for Council’s car parking requirements. Clause 1.b.3 specifies that two (2) car spaces are required per dwelling house (with a maximum of 1 garage per dwelling in a dual occupancy) and Clause 4.b.1 outlines that the dimensions of these car spaces as follows:-

Single garages or parking spaces adjoining walls/structures: 5.5m x 3m = 16.5m²

Double garages: 5.5m x 5.7m = 31.35m².

Storage areas needed to meet Sutherland Shire Council requirements are specified in SSDCP2006 (Chapter 3 Clause 10 Site Facilities). In the case of a dual occupancy development, Clause 10.b.2 specifies that a secure storage space of 6 m3 (minimum dimension 1 m2), be set aside exclusively for storage as part of the basement or garage.



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1.14 How is landscaped area defined? The SSLEP2006 definition of landscaped area is different from previous definitions in that it refers to vegetated areas only and does not include paved areas or swimming pools.

1.15 What is the minimum landscaped area required? The following extract of the SSLEP 2006 shows the minimum landscaped area of all buildings on a site in Zone 1 – Environmental Housing (Environmentally Sensitive Land), Zone 2 – Environmental Housing (Scenic Quality), Zone 3 - Environmental Housing (Bushland), Zone 4 - Local Housing and Zone 5 - Multiple Dwelling A. In Zone 1 - Environmental Housing (Environmentally Sensitive Land) and Zone 2 - Environmental Housing (Scenic Quality), the minimum landscaped area required for sites over 850m2 is worked out on a sliding scale. For dual occupancy dwellings in Zones 3 - Environmental Housing (Bushland), Zone 4 - Local Housing and Zone 5 - Multiple Dwelling A, the extract below shows the minimum landscape area required is 45% of the area of the site.

SSLEP2006 Extract

Definitions

landscaped area means that part of a site that is used for growing plants, grasses or trees (including bushland), but does not include any building, structure, hard paved area, driveway, garbage storage area or swimming pool, or any planting over a basement, on a podium or roof top or within a planter box.



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SSLEP2006 Extract: 36 Landscaped Area

(2) Site The following is taken to be excluded from the site of proposed development for the purposes of this clause: (a) land on which the proposed development is prohibited under this plan

(other than land on which the proposed development is prohibited solely because of the application of clause 17),

(b) in the case of an internal lot: (i) any access corridor to or from the lot (if the lot is a hatchet-shaped lot),

and (ii) any right of way that traverses another lot,

(c) 40 square metres of the area of any lot on which there is, or is intended to be as part of the proposed development, a swimming pool that is ancillary to a dwelling house.

Note. Among other things, clause 17 imposes certain restrictions on the erection of buildings on land traversed by a foreshore building line.

(3) Controls The minimum landscaped area of the site of any development for the purpose of a building on any land in Zone 1—Environmental Housing (Environmentally Sensitive Land) or Zone 2—Environmental Housing (Scenic Quality) is indicated in the Table below: Area of site (m

2) Minimum landscaped area (m

2)

Less than 850

850–less than 1,200

1,200– less than 1,800

1,800 or more

where AS is the area of the site in square metres. (4) The minimum landscaped area of the site of any development for the

purpose of a building on any land in Zone 3—Environmental Housing (Bushland) is 45 percent of the area of the site.

(5) The minimum landscaped area of the site of any development is the following

percentage of the area of the site specified below for that development: (a) development for the purpose of a building (other than a villa house or

townhouse) on any land in Zone 4—Local Housing or Zone 5—Multiple Dwelling A—45 per cent,



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1.16 Does each lot in a dual occupancy subdivision need to meet the building density and landscaped area requirements? SSLEP 2006 does not set a minimum lot size for each lot in a dual occupancy subdivision. As a general rule the lot size for each dwelling should be such that it meets the floor space ratio and landscaped area applicable in the zone. In assessing a development application for dual occupancy subdivision Council must be satisfied that the proposal meets the objectives specified in Clause 37 of the LEP. The objectives require Council to be satisfied that the lots will provide sufficient space for landscaping, outdoor recreation area and parking, to complement the landscaping and built form character of the street. This is generally achieve when the key development standards are satisfied for each proposed lot.

SSLEP2006 Extract:

38 Objectives of clauses 39–42

The objectives of clauses 39–42 are as follows: (a) to ensure that a new lot created for the purpose of a dwelling house has a

sufficient area available for:

(i) a dwelling house and ancillary facilities, and (ii) an outdoor recreation and service space, and (iii) vehicular access to and from the site,

(b) to ensure that a sufficient area is available for building setbacks to reduce the

effect of radiated heat from bush fire on bush fire prone land, (c) to ensure that newly created lots provide adequate building area to

accommodate the type of dwellings that are proposed to be built on such lots, (d) to ensure that the area and width of lots are sufficient for their intended

purpose and provide sufficient space for negative externalities to be resolved on site,

(e) to ensure that a sufficient area of land is available, in connection with development, for landscaping, drainage and parking so as to achieve a satisfactory residential amenity,

(f) to ensure new development complements the established scale and character of the streetscape where the development is carried out, and does not dominate the natural qualities of its setting.



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1.17 Can any of the provisions for dual occupancies be varied?

State Environmental Planning Policy No. 1 (SEPP 1) is a state government policy that enables variations to numerical LEP controls in circumstances where they are considered unreasonable or unnecessary in the circumstances of that particular case. SSLEP2006 contains a specific clause which limits the use of SEPP1, which is reproduced below. Under SSLEP2006, SEPP 1 can be used to vary the development standards for building height, density and landscaped area... SEPP 1 cannot be used to vary the minimum 600m2 minimum site area required for a new dual occupancy.

SSLEP 2006 Extract: 8 Application of SEPPs and REPs

(3) SEPP 1 applies to the following provisions of this plan in the same way as SEPP 1applies to development standards:

(a) clause 33 (4), (6)–(9) and (11)–(16) (relating to the height of buildings),

(b) clause 34 (3)–(6) (relating to the height of seniors housing on land in certain zones),

(c) clause 35 (5)–(13) (relating to building density),

(d) clause 36 (3)–(9) (relating to the area of landscaping in connection with development for the purpose of buildings),

(e) clause 39 (2) (relating to lot sizes for dwelling houses),

(f) clause 40 (4) and (5) (relating to lot sizes for dual occupancies, including the subdivision of land on which there is a dual occupancy),

(g) clause 41 (4) and (5) (relating to lot sizes for villa houses, townhouses and residential flat buildings),

(h) clause 42 (1) (relating to lot sizes for seniors housing).



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1.18 What other factors does Council consider when assessing the merits of a proposed dual occupancy? Council must assess each development application on its merits having regard to the provisions of Section 79c of the Environmental Planning and Assessment Act, 1979, SSLEP2006 and SSDCP2006. State Environmental Planning Policies and Regional Environmental Plans may also apply. Applicants should obtain from Sutherland Shire Council a certificate under section 149(2) or (5) of the Environmental and Planning Assessment Act which provides details relevant to the specific property in respect of which the application is to be made. Division 3 of SSLEP2006 includes clauses noting various matters which Council must consider when assessing an application. The urban design qualities of a development must be considered, including the impact on the public domain and the natural environment. For example, a development application for a residential building will be assessed in terms of how well it has been designed to minimise any negative impacts on adjoining properties and the streetscape, such as overshadowing, views, privacy and visual intrusion. The extent to which the proposed building contributes to ecologically sustainable development, retaining and enhancing the natural environment, energy efficiency and car parking must also be considered during assessment. Any subdivision of land identified by Sutherland Shire Council as Bushfire Prone is integrated development and cannot be complying development. 1.19 What is the role of the DCP? SSDCP 2006 contains detailed objectives and controls which back up the statutory provisions contained in SSLEP 2006. The DCP helps to further guide the form of development and minimise its physical and environmental impacts.

Documents

FACT SHEET 1 - sutherlandshire.nsw.gov.au · 4-20 Eton Street, SUTHERLAND NSW 2232 Tel 02 9710 0333 Fax 02 9710 0265 Email [email protected] FACT SHEET 1 Dual Occupancy Development