Written by
04/09/2023
Lane Cove Council will now permit subdivision of certain dual occupancy dwellings that were approved by development consent or complying development certificates in the R2 zone on or before the 16th of June 2022.
Under Lane Cove LEP Amendment 24, the owner of a dual occupancy in an R2 zone can only subdivide to create separate lots of 550 square metres, requiring a minimum lot area of 1100 square metres.
However, under the recently amended rules, subdivision of buildings that were originally intended for separation occupation is now permitted. Owners of company titled dual occupancies can now obtain finance or equity release from a bank or other lender.
Council pursued this amendment as a result of a submission by a local resident claiming that following the 2019 Banking Royal Commission, most lenders will no longer accept company title or similar as security for finance. The resident saw this as unfair on dual occupancy owners under company title.
Boundaries of Lane Cove local government area
Council’s planning proposal was initially limited to those dual occupancies under company title under the Corporations Act 2001, thereby disadvantaging dual occupancies which have not gone down that path. The local planning panel suggested the clause be widened to include all dual occupancies granted consent before 16 June 2022. A resulting amendment to clause 4.1A of the LEP was supported by Council.
The minimum lot size in the R2 zone is 550 square metres, which means to subdivide a lot, you must have a minimum of 1100 square metres. A dual occupancy can be built upon 750 square metres (attached) or 900 square metres (detached), but not subdivided.
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