LMR Housing Policy: Attached Dual Occupances - Non-Discretionary Standards

The following table summarises the non-discretionary standards (which Council cannot use as grounds for refusal if met) and the standard merit-based requirements under the Low and Mid-Rise (LMR) Housing Policy.

Feature	Standard (Non-Discretionary)	Merit-Based / DCP Role
Minimum Lot Size	450 square metres	Council cannot require a larger minimum.
Minimum Lot Width	12 metres	Council cannot require a wider lot.
Building Height	9.5 metres	Prevails over lower local LEP height limits.
Floor Space Ratio	0.65:1	Prevails over more restrictive local FSRs.
Car Parking	1 space per dwelling	If DCP requires less, the DCP applies.
Private Open Space	Not a non-discretionary standard	Governed by Design Guide or DCP.
Landscaped Area	Not a non-discretionary standard	Governed by DCP (usually 20-30%).
Setbacks	Not a non-discretionary standard	Determined by DCP merit assessment.

Planning Principles

• The Non-Refusal: If your proposal meets the 0.65:1 FSR and 9.5 metre height, the council is legally prohibited from refusing the DA based on those two specific metrics.

• The Role of the DCP: While the DCP cannot overrule the SEPP's non-discretionary standards (eg they can't force you to have a 600 square metre lot if you have 450 square metres), the DCP remains the primary tool for setbacks, privacy, and deep soil zones.

• Subdivision: The LMR policy also allows for the subdivision of these dual occupancies into lots as small as 225 square metres (in R1, R2, and R3 zones), provided the original site met the 450 square metre entry requirement.

The Low Rise Housing Diversity Design Guide (the Guide) works alongside the Housing SEPP to ensure that while density increases, the amenity (liveability) of the homes remains high.

These are the requirements that typically apply to an attached dual occupancy.

1. Principal Private Open Space (PPOS)

• Minimum Area: At least 16 square metres per dwelling (for ground-level dwellings).

• Minimum Dimension: A minimum width and length of 3 metres.

• Location: Must be located behind the front building line and directly adjacent to the main living area (lounge, dining, or kitchen) to create a "seamless" indoor-outdoor flow.

• Shade: Ideally, 25% of this space should be covered to provide protection from rain and sun.

2. Solar and Daylight Access

• Living Rooms and PPOS: At least one living area and the PPOS of each dwelling must receive a minimum of 3 hours of direct sunlight between 9AM and 3PM on June 21 (the winter solstice).

• Shadowing Neighbours: Your design must not reduce the solar access of a neighbouring property's living rooms or PPOS to less than 2 hours if they already enjoy that access.

3. Landscaping and Deep Soil Zones

• Total Landscaped Area: Usually calculated as 50% of the lot area minus 100 square metres. (For example, on a 600 square metre lot, you would need 200 square metres of landscaping).

• Forward of Building Line: At least 25% of the area in front of your house must be landscaped (no more "all-concrete" front yards).

• Deep Soil Zones: A portion of the landscaping must be deep soil (unconstrained by basement or pavement) to allow for the growth of medium-to-large trees.

4. Visual and Acoustic Privacy

• Window Alignment: Windows of living rooms must be offset from the windows of neighbouring dwellings to prevent direct look-in.

• Screening: If a balcony or window is within 3 metres of a side boundary, it requires permanent privacy screening to a height of 1.5 metres.

• Acoustic Separation: For attached dwellings, the common wall must meet high sound-insulation standards to prevent noise transfer between the two homes.

5. Car Parking and Vehicle Access

• Driveway Width: Driveway crossovers are often restricted to a maximum of 6 metres (total) to preserve street trees and on-street parking.

• Garage Dominance: Garage doors should not occupy more than 50% of the front facade width. This ensures the street is dominated by front doors and windows rather than garage rollers.

Design Verification - CDC

Note: If using the CDC pathway, a Registered Architect or an accredited building designer must sign a Design Verification Statement. They have to formally declare that the design is consistent with the objectives of this Guide.

Design Verification - DA

Note: If using the DA pathway, your Statement of Environmental Effects needs to have a Design Compliance Table included.

Checklist for Your Site

Control	Requirement
PPOS Area	16 square metres minimum (at 3m width)
Solar Access	3 hours to 50% of PPOS in mid-winter
Ceiling Heights	2.7 metres for living areas (recommended)
Front Landscaping	25% of the front yard