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NSW Government Low-and Mid-Rise Housing Reforms
In late 2023 the NSW Government exhibited new reforms to create more low-and mid-rise housing.
Over 8000 submissions were received during the exhibition process. Information on how the State Government is responding to the submissions can be found here.
The NSW Government’s State Environmental Planning Policy (Housing) Amendment (Dual Occupancies and Semi-detached Dwellings) 2024 (SEPP) came into effect on 1 July 2024.
Under this new SEPP, dual occupancies and semi-detached dwellings will be allowed in R2 Low Density Residential Zones across much of the State. The SEPP makes dual occupancy permitted in parts of the Parramatta LGA where the Parramatta LEP prohibits them.
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Dual occupancies comprise 2 houses on a single lot, usually with a front and back yard. They are often known as duplexes or side by side semis.
A semi-detached home is a side-by-side dual occupancy that has been subdivided down the middle, so each house sits on its own lot.
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The NSW Government’s State Environmental Planning Policy (Housing) Amendment (Dual Occupancies and Semi-detached Dwellings) 2024 permits dual occupancies in areas where it was previously prohibited by Parramatta Local Environmental Plan (LEP) 2023. This will affect parts of Epping, Eastwood, Beecroft, Carlingford, Winston Hills, Harris Park, Parramatta and North Parramatta shown yellow on the map.
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Subdivision of dual occupancies can be undertaken with consent, except for land identified on the map shown in blue which relates to the ‘former Hills Council’ area. This affects parts of Carlingford, North Rocks, Northmead, Baulkham Hills, North Parramatta and Oatlands.
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The Stage 1 reforms DO NOT permit dual occupancies on a heritage listed property that are located in the Parramatta LEP dual occupancy prohibition area (see mapped yellow areas ). These will continue to remain prohibited.
However, Parramatta LEP 2023, does not specifically prohibit dual occupancy on properties with heritage items (other than in the prohibition areas shown in yellow on the map ) and it makes specific allowances for detached dual occupancies in the case of a heritage item, or for development within the South Parramatta Heritage Conservation Area’. In this case, the existing heritage items would need to be retained to enable any further development on the site
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The new SEPP does not provide any specific exemptions for heritage conservation areas or special character areas. Where these are zoned R2 Low Density Residential, dual occupancies will now be permitted unless they contain a heritage item (see previous FAQ above). However, heritage considerations will still need to be addressed as part of any future development application under Clause 5.10 Heritage Conservation of the Parramatta LEP.
- A - Where dual occupancy was already permitted before 1 July 2024
Where a dual occupancy development was already permitted under the Parramatta LEP 2023 before 1 July 2024 then a dual occupancy approval can continue to be sought either via a development application (DA) or via a complying development certificate (CDC) process. There are no changes resulting from the reforms.
For properties in a heritage conservation area, or properties containing a heritage item, approval can only be sought via a DA process.
In areas where dual occupancy development was already permitted but subdivision prohibited before 1 July 2024, subdivision remains prohibited (see mapped blue areas). The approval pathway for a dual occupancy is the same as that described above i.e. a DA or CDC.
B - Where dual occupancy has become permissible since 1 July 2024 under the State Government’s SEPPIn areas where a dual occupancy is newly permissible (area shown in yellow on map), approval for a dual occupancy with subdivision can only be sought via a DA (not a CDC). This is because the NSW Government has switched off the CDC approval pathway for these sites until July 2025 to allow Councils time to consider development standards such as minimum lot sizes for these areas. However, these DAs will be assessed under Parramatta Local Environmental Plan (LEP) 2023 and Parramatta Development Control Plan (DCP) 2023.
Where an application is made via a CDC, then the standards set out in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (namely Part 3B Low Rise Housing Diversity Code) will apply.
Where can I get more information
Find out more about the NSW Government’s reforms on the Department of Planning, Housing and Infrastructure website.
