Canterbury-Bankstown LEP 2023 dual occupancy and Torrens subdivision

Canterbury-Bankstown Local Environmental Plan 2023 harmonised the former Bankstown and Canterbury instruments but kept two sets of dual occupancy rules, mapped as Area 1 and Area 2 on the Clause Application Map. Under clause 4.1A, a dual occupancy in Zone R2 in Area 1 needs a 500 square metre lot 15 metres wide (attached) or a 700 square metre lot 20 metres wide (detached), and can be Torrens subdivided into lots of at least 250 square metres (attached) or 350 square metres (detached); in Area 2 the lot must be at least 600 square metres and 15 metres wide, with its own subdivision provisions. Canterbury-Bankstown Development Control Plan 2023 then sets the design controls, again split by the former council areas. This guide is for investors comparing sites in Bankstown, Revesby, Padstow, Panania, Yagoona, Greenacre, Punchbowl, Lakemba, Belmore, Campsie, Earlwood and Roselands who need to know which area the lot sits in, what it can carry and whether two titles are achievable.

Who this is for: investors assessing a dual occupancy site in the City of Canterbury Bankstown who want to test lot size, width, the Area 1 or Area 2 rules and the Torrens subdivision outcome under LEP 2023 and DCP 2023 before purchase.

Why does the harmonised LEP still have two sets of dual occupancy rules?

When Bankstown Local Environmental Plan 2015 and Canterbury Local Environmental Plan 2012 were consolidated into Canterbury-Bankstown LEP 2023, the two dual occupancy regimes were too different to merge without changing capacity across thousands of lots. The LEP therefore uses the Clause Application Map to identify Area 1 and Area 2 and applies different lot size, width, subdivision, height and FSR provisions to each. In broad terms Area 1 corresponds to the former Bankstown area and Area 2 to the former Canterbury area, with precinct exceptions around Belmore, Lakemba, Punchbowl and Wiley Park. The first due diligence step on any site is to identify the area on the map, because a 550 square metre lot is a dual occupancy site in Area 1 and not in Area 2.

What does clause 4.1A require in Area 1?

Clause 4.1A Minimum lot sizes and special provisions for dual occupancies has objectives of ensuring lots are large enough for the dwellings, setbacks, private open space, landscaping, driveways and manoeuvring, protecting natural and heritage attributes and minimising amenity impacts. Subclause (2) provides that consent must not be granted for a dual occupancy in Zone R2 in Area 1 unless the lot is at least 500 square metres for a dual occupancy (attached) or 700 square metres for a dual occupancy (detached), the width at the front building line is at least 15 metres (attached) or 20 metres (detached), and each dwelling will have a frontage to a road. Subclause (3) provides that, despite clauses 4.1 and 4.1AA, consent must not be granted to the subdivision of an Area 1 dual occupancy in R2 unless each resulting lot is at least 250 square metres (attached) or 350 square metres (detached).

What does clause 4.1A require in Area 2?

Subclause (4) provides that consent must not be granted for a dual occupancy in Area 2 unless the lot is at least 600 square metres, the width at the front building line is at least 15 metres and each dwelling will have a frontage to a road. Subclause (5) carries the Area 2 subdivision provision, which sets its own minimum resulting lot sizes and should be read from the current LEP text for the lot. Subclause (7) adds a precinct rule: despite clauses 4.1 and 4.1AA, consent may be granted to the subdivision of a dual occupancy (attached) in Zone R2 in the Belmore and Lakemba Precinct or the Punchbowl and Wiley Park Precinct if each resulting lot is at least 250 square metres and there will be one dwelling on each lot, and subclause (8) switches off the Area 2 lot size and subdivision rules for attached dual occupancies in those precincts. Clause 4.4(2B) fixes the FSR for dual occupancies in Zone R2 in Area 2 at 0.5:1, and clause 4.1C requires a 600 square metre lot for a dwelling house on a battle-axe lot in the residential zones in Area 2.

Height, FSR and the other LEP standards that shape the design

Clause 4.3(2) applies the Height of Buildings Map, and its objectives include maintaining suburban character by limiting development to two storeys in Zone R2. Subclause (2C) adds a 7 metre maximum wall height for a dwelling house or dual occupancy in R2 in Area 1, measured from existing ground level to the underside of the eaves or the top of a parapet, which rules out flat-roofed, parapet-fronted duplexes that read as three storeys unless the wall is stepped. Clause 4.4(2) applies the Floor Space Ratio Map and clause 4.5 excludes from site area any land on which the development is prohibited. Clause 6.3 Stormwater management and water sensitive urban design applies in the R2 to R4 zones and requires the council to be satisfied about stormwater before consent, which in the flatter parts of Bankstown and Padstow means an on-site detention design with the DA. The LEP’s flood planning clause applies along the Cooks River, Salt Pan Creek, the Georges River and Wolli Creek.

What does Canterbury-Bankstown DCP 2023 add?

Canterbury-Bankstown DCP 2023 supports the LEP with objectives and controls for storey limits, setbacks, urban design, amenity, landscaping, access and parking. Chapter 2 Site Considerations covers flood risk, trees and pipelines; Chapter 3 General Requirements covers engineering, parking, waste, sustainability, subdivision and landscaping; Chapter 4 covers heritage; and Chapter 5 Residential Accommodation carries the dwelling and dual occupancy controls, separated into the former Bankstown and former Canterbury areas. The numeric setback, landscaped area, private open space and parking figures differ between the two parts of Chapter 5 and have been amended since 2023, so read them from the current chapter for the area the lot sits in.

Feasibility to lodgement for a Canterbury-Bankstown duplex

1. Identify Area 1 or Area 2 on the Clause Application Map, read the Height of Buildings, Floor Space Ratio and Lot Size Map figures on the NSW Planning Portal, and check for a low and mid-rise housing area or transport oriented development precinct.
2. Measure lot area and width at the front building line against clause 4.1A and confirm each dwelling can have a road frontage.
3. Calculate the subdivision outcome (250 or 350 square metre lots in Area 1, the clause 4.1A(5) figures in Area 2, or 250 square metres in the named precincts) and price the site on that basis.
4. Test the design against the 7 metre wall height in Area 1, the 0.5:1 FSR in Area 2 and the current Chapter 5 controls for the applicable former area.
5. Commission a survey, stormwater concept with on-site detention under clause 6.3, an arborist report for boundary trees and, where mapped, a flood report.
6. Prepare the SEE with LEP and DCP compliance tables and a draft plan of subdivision, and lodge the subdivision with the dual occupancy DA so one consent covers both. Our dual occupancy and duplex planning service runs this sequence.

Definitions

Clause Application Map

The LEP map that identifies Area 1 and Area 2 to which particular clauses of Canterbury-Bankstown LEP 2023 apply, including the dual occupancy rules in clause 4.1A.

Dual occupancy (attached)

Two dwellings on one lot that are attached to each other, other than a secondary dwelling; in Area 1 it needs 500 square metres and 15 metres of width.

Dual occupancy (detached)

Two detached dwellings on one lot, other than a secondary dwelling; in Area 1 it needs 700 square metres and 20 metres of width, with each dwelling fronting a road.

Torrens title subdivision

Subdivision that creates a separate land title for each dwelling, permitted for dual occupancies under clause 4.1A(3), (5) and (7) at the minimum resulting lot sizes those subclauses set.

URBA prepares statements of environmental effects and site feasibility for dual occupancies across the City of Canterbury Bankstown, identifying the Area 1 or Area 2 rules, the subdivision outcome and the Chapter 5 controls before a client buys. See our town planner for Canterbury-Bankstown page and our subdivision planning service, or request a fee proposal for a site check.