A dual occupancy in the Liverpool and Camden growth areas is assessed under different rules to one in the established suburbs. Inside the South West Growth Area precincts (Austral, Leppington, Edmondson Park, Oran Park, Gregory Hills, Catherine Field and the rest) the zoning and lot size controls come from State Environmental Planning Policy (Precincts, Western Parkland City) 2021, and the design controls come from the Liverpool and Camden Growth Centre Precincts DCPs, not Liverpool LEP 2008 or Camden LEP 2010. Add the restrictive covenants that developers place on new lots and you have three layers to check before a duplex is a goer.
Key takeaways
- In released growth centre precincts the Precincts SEPP is the LEP; Liverpool LEP 2008 and Camden LEP 2010 apply to the older suburbs outside the precinct boundaries.
- Minimum lot sizes for dual occupancies and for their subdivision differ between precincts, so the figure for Austral is not the figure for Oran Park.
- Section 88B restrictive covenants on new estate lots often prohibit dual occupancies or second driveways regardless of what the planning controls allow.
- Since 1 July 2024 dual occupancies are permissible in R2 zones across NSW, but lot size, frontage and covenant limits still apply.
- Growth area duplexes carry high s7.11 contributions and the Housing and Productivity Contribution, which should be in the feasibility from day one.
Which instrument actually applies to your lot
People routinely quote the wrong control, so this is the first question we answer. The South West Growth Area covers roughly 10,000 hectares across Liverpool, Camden and Campbelltown councils in 14 precincts. As each precinct is released and rezoned, its land use table, lot size map and height map are inserted into the Precincts SEPP.
| Where the lot is | Zoning and lot size instrument | Design controls |
|---|---|---|
| Released precinct in Liverpool LGA (Austral, Leppington North, Edmondson Park, East Leppington) | SEPP (Precincts, Western Parkland City) 2021 | Liverpool Growth Centre Precincts DCP |
| Released precinct in Camden LGA (Oran Park, Turner Road including Gregory Hills and Gledswood Hills, Catherine Field, Leppington south of the boundary, Lowes Creek Maryland) | SEPP (Precincts, Western Parkland City) 2021 | Camden Growth Centre Precincts DCP |
| Established Liverpool suburbs (Liverpool, Casula, Moorebank, Hoxton Park, Prestons, Chipping Norton) | Liverpool LEP 2008 | Liverpool DCP 2008 |
| Established Camden suburbs (Camden, Narellan, Elderslie, Harrington Park, Mount Annan, Spring Farm) | Camden LEP 2010 | Camden DCP 2019 |
| Unreleased precinct land (parts of Rossmore, Bringelly, Kemps Creek) | Rural zoning under the LEP or Precincts SEPP transitional provisions | Not yet available for urban dual occupancy |
The s10.7(2) planning certificate names the instrument. If the certificate lists the Precincts SEPP with a precinct plan, use that. Aerotropolis land around Bradfield, Luddenham and Kemps Creek sits under a separate chapter of the same SEPP with its own DCP and airport noise controls, and dual occupancies are a very different conversation there, so we leave it aside in this post. The Department’s Western Sydney Aerotropolis page is the starting point for that land.
Lot size and frontage: the numbers that decide the duplex
Each precinct plan sets a minimum lot size for a dual occupancy and, separately, a minimum lot size for subdividing one into two Torrens lots. The two figures are not the same and they vary by precinct and by zone (R2 Low Density Residential and R3 Medium Density Residential are both used across the growth area). Rather than quote numbers that differ from Austral to Oran Park, check the current lot size map and the dual occupancy clause for your precinct before you buy.
What we can say generally from our work across the South West:
- Standard developer lots in the newer estates are often too small or too narrow for a detached dual occupancy, but an attached duplex on a wider corner or larger lot is frequently achievable.
- Older lots in Austral and the original Leppington village (large blocks off Fourth Avenue, Edmondson Avenue and Byron Road) usually have the area but need a battle-axe or a wide frontage to make the second driveway work.
- Frontage controls in the Growth Centre DCPs are strict on garage width as a proportion of the facade. Twin double garages across a 15 metre frontage rarely comply.
- Torrens subdivision of the duplex often needs a larger lot than the duplex itself. If your feasibility relies on selling two titles, confirm the subdivision figure, not just the dual occupancy figure.
Since 1 July 2024, Stage 1 of the State Government’s Low and Mid-Rise Housing policy has made dual occupancies and semi-detached dwellings permissible in all R2 zones in NSW, with limited exclusions. In the growth precincts dual occupancies were mostly already permitted, so the practical effect is small. It does not override lot size, frontage or covenant requirements.
The covenant problem in new estates
This catches more buyers than the planning controls do. When a developer subdivides an estate at Gregory Hills, Gledswood Hills, Oran Park, Emerald Hills, Willowdale or Edmondson Park, the 88B instrument registered with the plan often includes restrictions such as:
- No more than one dwelling per lot, or no dual occupancy or secondary dwelling.
- Only one driveway crossing per lot.
Council can consent to a DA that breaches a private covenant, but the covenant remains enforceable by whoever benefits from it, which is usually the developer or the other lot owners. Some LEPs and the Precincts SEPP contain a clause that suspends covenants for the purposes of the planning instrument, but that clause does not always cover the restriction you are dealing with, and we have seen owners pay to have covenants released or simply give up. Read the 88B before you exchange.
What the Growth Centre DCPs ask for in a dual occupancy DA
The Liverpool and Camden Growth Centre Precincts DCPs share a common ancestry and set similar expectations. The controls we spend the most time on in a Statement of Environmental Effects are:
- Street character and facade articulation. The DCPs want each dwelling to read as a separate house from the street, with its own entry and a garage set behind the front building line.
- Private open space. A minimum area of usable, north-facing where possible, open space per dwelling, directly off a living room.
- Landscaped area and deep soil. Small lots make this tight, and the driveway for the second dwelling is usually what pushes landscaping below the target.
- Parking. Typically one covered space per dwelling plus a visitor or tandem space, with access widths and gradients to AS 2890.1:2004. Corner lots can take access from the secondary street, which often solves the problem.
- Stormwater and on-site detention. Most precincts sit in the South Creek or Kemps Creek catchments. Council will want a stormwater plan with OSD or water sensitive design measures, and on flood-affected lots a flood assessment. A civil engineer such as Contrive Consultants prepares this alongside the SEE.
Where a control cannot be met, say so in the SEE and explain why the outcome is still acceptable. The Growth Centre DCPs are performance-based on most design controls, and an honest merit argument does better than silence.
Contributions: build them into the feasibility
Growth area development pays for its infrastructure. Expect a s7.11 local contribution under the relevant Liverpool or Camden contributions plan for the additional dwelling (growth area rates are among the highest in Sydney), the State Housing and Productivity Contribution levied before the construction certificate, and Sydney Water requirements for the second connection. The Camden Council website publishes the current contributions plans. We do not quote figures because the plans are indexed and revised, but an allowance should be in your numbers before you sign a contract.
Frequently asked questions
Can I build a duplex on my lot in Austral or Leppington?
If the lot is in a released precinct, the Precincts SEPP sets the zone and the minimum lot size for a dual occupancy. Many of the original large Austral and Leppington blocks qualify; many newer subdivided lots do not. Check the lot size map, the frontage, and any 88B covenant on title.
Does Camden Council allow dual occupancies in Oran Park and Gregory Hills?
Dual occupancies are generally permissible in the residential zones of those precincts under the Precincts SEPP, but the lot must meet the minimum size, and most estate lots carry covenants restricting second dwellings. Camden Growth Centre Precincts DCP controls on frontage, parking and open space then apply.
Can a growth area dual occupancy be split into two titles?
Only where the precinct plan allows subdivision of a dual occupancy and each resulting lot meets the minimum size for that purpose. That figure is often higher than the size needed to build the duplex, so confirm it before assuming two saleable titles.
URBA prepares SEEs, due diligence reports and pathway advice for dual occupancies across the South West Growth Area, and we deal with the Precincts SEPP and Growth Centre DCPs every week. See our Liverpool town planning and Camden town planning pages, or request a fee proposal for your lot.