Lane Cove Council is consulting with the wider community on a proposed amendment to the Lane Cove Environmental Plan to permit strata subdivision of certain approved dual occupancy dwellings that were registered under company title in the R2 zone on or before 16 June 2022.

Clause 4.1A of the Lane Cove LEP prevents subdivision that would result in the dwellings that make up a dual occupancy being located on separate lots (i.e. subdivided).

In response, five dual occupancies in the Lane Cove R2 zone fall short of the minimum lot size for two single dwellings but could still be subdivided under company title or tenants-in-common instead of strata. This was a workable solution adopted in the past.

A local resident raised concerns that following the 2019 Banking Royal Commission, it is alleged that most banks will now no longer accept company title or similar as security for finance. Accordingly, the resident sees this as unfair on dual occupancy owners under company title.

At a Council meeting on 23 June 2022, Council resolved to prepare a planning proposal to permit strata subdivision of approved dual occupancy dwellings that are registered as either company title or tenants-in-common on or before 16 June 2022.

On 8 November 2022, the Lane Cove Local Planning Panel advised that the planning proposal is limited to those dual occupancies under company title under the Corporations Act 2001, thereby disadvantaging those dual occupancies which have not gone down that path.

The panel suggested that the clause be widened to include all dual occupancies granted consent or complying development certificate on or before 16 June 2022. A resulting amendment to clause 4.1A of the Lane Cove LEP was supported at Council’s 24 November 2022 meeting.