Dual occupancies and small subdivisions in the big inland centres are assessed under each council’s own LEP: Dubbo Regional LEP 2022, Orange LEP 2011, Bathurst Regional LEP 2014, Wagga Wagga LEP 2010 and Tamworth Regional LEP 2010. The basic tests are the same as in Sydney (zone, minimum lot size, subdivision test, DCP design controls), but the numbers are generally more generous, the hazard overlays are different (river flooding rather than bushfire is the big one) and the State’s Stage 2 low and mid-rise housing changes do not apply because these towns sit outside the Six Cities Region.
Key takeaways
- Each regional city has its own LEP and DCP; minimum lot sizes for dual occupancies and subdivision are set locally and are typically larger than Sydney’s but easier to meet on regional lots.
- Since 1 July 2024 dual occupancies are permissible in all R2 zones in NSW, including the regional cities; the Stage 2 changes near stations do not apply outside the Six Cities Region.
- River flooding (Macquarie, Murrumbidgee, Peel and Macquarie tributaries) is the dominant hazard overlay in Dubbo, Wagga Wagga, Tamworth and Bathurst.
- Regional councils are their own water and sewer authorities, so servicing capacity and headworks charges come from council, not Sydney Water.
- The Low Rise Housing Diversity Code offers complying development for duplexes on many flat, serviced regional lots.
What is the same as Sydney
The Environmental Planning and Assessment Act 1979 applies statewide, so the DA process, the s4.15 assessment, the s10.7 certificate and the Codes SEPP complying development pathways are identical. A Statement of Environmental Effects is still required with every DA. The Housing SEPP secondary dwelling provisions and the 60 square metre floor area rule apply in Dubbo exactly as they do in Blacktown. And 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 Low Density Residential zones across NSW, which matters in regional LEPs where the R2 land use table previously prohibited them or limited them to attached forms.
What is different
The LEPs are local and the numbers vary
There is no shared regional template for dual occupancy lot sizes, so the figure you know from one city does not transfer. Rather than list numbers that change with each LEP amendment, here is where to find them and what the pattern looks like:
| City | Instruments | Where duplex demand sits | Dominant hazard |
|---|---|---|---|
| Dubbo | Dubbo Regional LEP 2022 and the council’s DCP | South Dubbo, West Dubbo, Delroy Park, Keswick and Southlakes | Macquarie River flooding; Troy Gully |
| Orange | Orange LEP 2011 and Orange DCP 2004 | Bletchington, Glenroi, North Orange, Shiralee release area | Blackmans Swamp Creek and Ploughmans Creek flooding; cold-climate BASIX |
| Bathurst | Bathurst Regional LEP 2014 and Bathurst Regional DCP 2014 | Kelso, West Bathurst, Windradyne, Llanarth, Eglinton, Abercrombie | Macquarie River and Raglan Creek flooding; heritage in central Bathurst |
| Wagga Wagga | Wagga Wagga LEP 2010 and Wagga Wagga DCP 2010 | Turvey Park, Kooringal, Lake Albert, Tolland, Estella, Boorooma, Gobbagombalin, Lloyd, Bourkelands | Murrumbidgee River and Wollundry Lagoon flooding; levee-protected CBD |
| Tamworth | Tamworth Regional LEP 2010 and Tamworth Regional DCP 2010 | Calala, Hillvue, Oxley Vale, North Tamworth, Westdale, Moore Creek | Peel River and Cockburn River flooding; Moore Creek bushfire |
In every case the dual occupancy minimum lot size and the subdivision test are in the LEP, on the lot size map and in the relevant clause. Check the current version, because several of these LEPs have been amended recently.
Flooding shapes the towns
All five cities grew up on rivers, and the flood planning area covers a meaningful share of the older residential grid. In Wagga Wagga the CBD sits behind a levee, but North Wagga and the river flats are high hazard. In Dubbo the Macquarie River floodplain runs through the middle of town. In Tamworth the Peel River defines the eastern suburbs. For a dual occupancy or subdivision on flood-affected land the DA needs a flood assessment that sets the floor level above the flood planning level, addresses flood-compatible construction, and shows no adverse effect on neighbours. Councils will not generally support new lots in floodways or high hazard areas, and flood-affected lots are excluded from the Low Rise Housing Diversity Code, so the DA pathway is the only one.
Council is the water authority
Dubbo Regional Council, Orange City Council, Bathurst Regional Council, Wagga Wagga City Council and Tamworth Regional Council each run their own water and sewer networks. That has two consequences. Servicing capacity is a real question on the edge of town (Estella in Wagga, Shiralee in Orange, Southlakes in Dubbo), and council levies headworks charges under s64 of the Local Government Act 1993 on top of any s7.11 or s7.12 contribution. The Orange City Council and Bathurst Regional Council websites publish their current contributions plans and developer charge schedules.
The Stage 2 station rules do not apply
The State’s Stage 2 low and mid-rise housing changes that commenced on 28 February 2025 apply within 800 metres of nominated stations and centres in the Six Cities Region (Greater Sydney, Central Coast, Lower Hunter and Illawarra Shoalhaven). Dubbo, Orange, Bathurst, Wagga Wagga and Tamworth are outside that region, so terraces, townhouses and manor houses in R2 remain governed by the local LEP land use table and whatever the Codes SEPP allows. Multi dwelling housing in these cities generally sits in the R1 General Residential or R3 Medium Density Residential zones, and R1 is widely used in regional LEPs, which gives more flexibility than a Sydney R2 lot would have.
The regional strategy context
The Department’s Central West and Orana Regional Plan 2041 and Riverina Murray Regional Plan 2041 both direct councils to increase housing diversity in the established urban areas. That is why several regional councils have been lowering dual occupancy lot sizes and using R1 zoning more widely.
Mistakes we see investors bring from Sydney
- Assuming the Sydney lot size. A 450 square metre lot that would take a duplex in Blacktown may not meet the regional LEP minimum, and a 1,000 square metre regional lot may take a duplex and a Torrens subdivision that a Sydney lot never could. Check the local figure both ways.
- Ignoring the DCP frontage and garage controls. Regional DCPs still limit garage width and require the second dwelling to present to the street. A pair of double garages on a 15 metre frontage is refused in Wagga as readily as in Parramatta.
- Underestimating flood. Regional flood levels can require floors well above natural ground, which changes the driveway, the accessibility of the entry and the cost. Get the flood level from council before the design.
- Forgetting the climate. Orange and Bathurst are cold climate BASIX zones. Glazing, insulation and heating assumptions that pass in Sydney fail there, and the NatHERS assessment should be done early. NatHERS Pro handles this for our regional projects.
- Skipping the heritage check. Central Bathurst, central Orange and parts of Tamworth and Wagga have extensive heritage conservation areas that rule out complying development and add a heritage impact statement to the DA.
On the pathway question, the Low Rise Housing Diversity Code applies statewide and many regional lots are flat, wide, serviced and outside the exclusions, so a private certifier can often approve a duplex as complying development. The trade-off is fixed standards with no merit assessment. On a marginal lot, or where the LEP is more generous than the code, a DA with a proper SEE is usually better, and our DA or CDC pathway advice compares the two for a specific address.
Frequently asked questions
Can I build a dual occupancy in Dubbo, Orange or Bathurst?
Yes, in the residential zones, and since 1 July 2024 in every R2 zone in NSW. Your lot has to meet the minimum lot size in Dubbo Regional LEP 2022, Orange LEP 2011 or Bathurst Regional LEP 2014 and the frontage and design controls in the council’s DCP.
Do the 2025 townhouse changes near train stations apply in Wagga Wagga or Tamworth?
No. The Stage 2 low and mid-rise housing changes apply only within the Six Cities Region (Greater Sydney, Central Coast, Lower Hunter and Illawarra Shoalhaven). In Wagga Wagga and Tamworth, townhouses are governed by Wagga Wagga LEP 2010 and Tamworth Regional LEP 2010 and their DCPs.
Is it easier to subdivide in regional NSW than in Sydney?
Often, because regional lots are larger and the LEP minimums are easier to meet, but flooding, servicing and headworks charges can be harder. A due diligence check on the flood mapping and sewer location is essential before purchase.
URBA prepares SEEs, due diligence reports and subdivision planning for dual occupancies and small subdivisions in Dubbo, Orange, Bathurst, Wagga Wagga and Tamworth, working with the regional councils remotely and on site as required. Our regional NSW town planning page explains how we work outside Sydney, or you can request a fee proposal for your site.