Dual occupancies and small subdivisions in The Hills Shire are assessed under The Hills LEP 2019 and The Hills DCP 2012, with the North West Growth Area precincts at Box Hill, Gables and North Kellyville sitting under the Precincts SEPP instead. The Hills has historically been one of the harder Sydney councils for duplexes because of its larger minimum lot sizes, but the July 2024 and February 2025 State housing reforms have opened up R2 land and the areas around the Metro North West stations.
Key takeaways
- The Hills LEP 2019 sets the minimum lot size for a dual occupancy and for subdividing one; The Hills DCP 2012 sets the design controls.
- Since 1 July 2024 dual occupancies are permissible in every R2 zone in NSW, which removed the permissibility barrier in Hills R2 land.
- Since 28 February 2025 the Low and Mid-Rise Housing Stage 2 controls apply within 800 metres of nominated Hills stations and centres, with non-refusal standards for dual occupancies, terraces, townhouses and manor houses.
- Box Hill, Gables and North Kellyville are assessed under the Precincts SEPP and the Blacktown or Hills growth centre precinct plans, not the LEP.
- Bushfire, tree canopy and stormwater are the constraints that most often decide Hills DAs once the numbers work.
A quick map of the Hills for planning purposes
The Shire runs from Winston Hills and Baulkham Hills in the south to the Hawkesbury River in the north, and it splits into four planning contexts:
- Established southern suburbs: Baulkham Hills, Winston Hills, Castle Hill, West Pennant Hills, Cherrybrook, Glenhaven, Kellyville, Beaumont Hills, Bella Vista, Norwest. R2 Low Density Residential dominates, with R3 and R4 around the centres.
- Metro corridor centres: Cherrybrook, Castle Hill, Hills Showground, Norwest, Bella Vista, Kellyville and Rouse Hill stations on the Metro North West Line. Council’s own planning proposals and the State’s Transport Oriented Development program have lifted density around several of these.
- Growth area precincts: Box Hill, Gables, North Kellyville and parts of Rouse Hill under the North West Growth Area and the Precincts SEPP.
- Rural and semi-rural north: Dural, Kenthurst, Annangrove, Glenorie, Wisemans Ferry. RU and R5 Large Lot Residential zoning, where dual occupancies are limited and subdivision is generally not available below the large minimum lot sizes.
Dual occupancy under The Hills LEP 2019
The Hills LEP 2019 deals with dual occupancies through the land use table and a specific minimum lot size clause. The way we walk through it on a Hills enquiry:
- Zone. R2, R3 and R4 all permit dual occupancies. Before July 2024 some Hills R2 land did not. Stage 1 of the Low and Mid-Rise Housing policy made dual occupancies and semi-detached dwellings permissible in all R2 zones in NSW from 1 July 2024, with limited exclusions.
- Minimum lot size for the dual occupancy. The LEP sets a minimum lot area for a dual occupancy that is larger than the figure many Western Sydney councils use. Check the current clause and the lot size map for your street; the figure differs between parts of the Shire.
- Subdivision of the dual occupancy. The LEP contains a separate test for Torrens subdivision of a dual occupancy. Historically The Hills has been restrictive here, and many Hills duplexes end up strata subdivided rather than Torrens. Confirm the current position before basing a feasibility on two Torrens titles.
- Frontage. The Hills DCP 2012 sets a minimum frontage for a dual occupancy, with a different figure for attached and detached forms and for battle-axe lots.
On knock-down rebuilds in the Hills we usually see the lot area work and the frontage fail, or the frontage work and the subdivision test fail. Run all four tests before you buy.
What the Stage 2 reforms changed near the stations
From 28 February 2025, Stage 2 of the Low and Mid-Rise Housing policy applies to R2, R3 and R4 land within 800 metres walking distance of nominated stations and town centres in the Six Cities Region. Within those areas:
- Dual occupancies in R2 zones can rely on State non-refusal standards for lot size, height, FSR and setbacks, so that a compliant proposal cannot be refused on those grounds even where The Hills LEP 2019 sets a stricter figure.
- Terraces, townhouses and manor houses become permissible in R2 zones with their own non-refusal standards.
- Residential flat buildings in R3 zones gain height and FSR standards tied to the distance from the station.
The 800 metre catchment is measured by walking distance, not a straight line, and it excludes heritage conservation areas, bushfire and flood affected land and some other categories. We map each site individually rather than assuming a Castle Hill or Kellyville address is inside the boundary.
What The Hills DCP 2012 asks for once the numbers work
The Hills DCP 2012 residential controls are detailed and the council’s assessment staff apply them closely. The items that most often generate a request for information on a dual occupancy or small subdivision:
| DCP topic | Typical issue in the Hills |
|---|---|
| Landscaped area and tree canopy | The Hills expects generous landscaped area and canopy retention. Large established trees in Castle Hill, West Pennant Hills and Glenhaven need an arborist report to AS 4970-2009 and often shift the building footprint. |
| Streetscape and garage dominance | Garages limited as a proportion of the frontage, and set behind the front facade. Twin double garages on a standard frontage are the most common non-compliance we see. |
| Private open space | A minimum area per dwelling with a minimum dimension, off a living area, with solar access. Sloping Hills lots often need terracing to achieve it. |
| Cut and fill, retaining walls | Limits on cut, fill and wall height. The ridge-and-gully topography from Baulkham Hills through Kellyville makes split-level designs the norm. |
| Stormwater and OSD | Council requires on-site detention on most sites and a legal point of discharge. Rear lots draining away from the street need an easement or a charged system. |
| Parking and driveways | Access widths and gradients to AS 2890.1:2004, and limits on the number and width of crossings per frontage. |
A Statement of Environmental Effects with a clear compliance table against each control shortens the assessment noticeably.
Bushfire and the rural edge
A surprising amount of the southern Shire is bushfire prone because of the bushland reserves along the creeks (Cattai Creek, Elizabeth Macarthur Creek, Strangers Creek, the Cumberland State Forest around West Pennant Hills). Glenhaven, Kenthurst, Dural, Cherrybrook, West Pennant Hills and parts of Castle Hill and Kellyville are commonly mapped. A dual occupancy on bushfire prone land needs a Bushfire Assessment Report to Planning for Bush Fire Protection 2019, and a subdivision creating a new residential lot is integrated development requiring a Bush Fire Safety Authority from the RFS. Bushfire prone land is also excluded from the Low Rise Housing Diversity Code, so most Hills duplexes on the rural edge go to council as a DA.
Growth area precincts: different rules
Box Hill, Gables and North Kellyville are not assessed under The Hills LEP 2019. Their zoning, lot sizes and dual occupancy provisions come from the precinct plans in SEPP (Precincts, Western Parkland City) 2021 and the design controls from the applicable growth centre precinct DCP. Lot sizes are smaller and dual occupancy minimums generally lower, but estate covenants on title often prohibit second dwellings anyway, so read the 88B. The Hills Shire Council website publishes both the LEP and DCP and the precinct plans, and the s10.7(2) certificate for the lot will name which instrument applies.
Frequently asked questions
Can I build a duplex in The Hills Shire now?
Dual occupancies have been permissible in all R2 zones in NSW since 1 July 2024, so the zoning barrier is gone. Your lot still has to meet The Hills LEP 2019 minimum lot size for a dual occupancy and The Hills DCP 2012 frontage and design controls, or fall within a Stage 2 low and mid-rise housing area near a station where State standards apply.
Can I Torrens subdivide a dual occupancy in Castle Hill or Kellyville?
Only if the LEP’s subdivision test for dual occupancies is met, which requires each resulting lot to reach a minimum size. The Hills has historically been restrictive on this, and many duplexes are strata titled instead. Check the current clause before assuming two Torrens lots.
Which Hills stations are covered by the 2025 low and mid-rise housing changes?
Stage 2 applies within 800 metres walking distance of nominated stations and centres in the Six Cities Region, and several Metro North West locations are included. The catchment is site specific and excludes heritage, bushfire and flood affected land, so have your individual lot checked against the current maps.
URBA prepares SEEs, Clause 4.6 requests, subdivision planning and pre-purchase due diligence for dual occupancies and small subdivisions across the Hills, including the Stage 2 station catchments and the growth area precincts. Our Hills Shire town planning page has more on how we work with council, or you can request a fee proposal for your site.