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State Environmental Planning Policy (Housing) 2021
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169 Non-discretionary development standards—subdivision for dual occupancies
(1) This section applies to development involving subdivision for the purposes of dual occupancies on land in a low and mid rise housing area in the following zones—
(a) Zone R1 General Residential,
(b) Zone R2 Low Density Residential,
(c) Zone R3 Medium Density Residential.
(1A) Despite the provisions of another environmental planning instrument, development consent may be granted to development to which this section applies.
(2) This section applies only if—
(a) development consent was granted for the dual occupancy on or after 28 February 2025, or
(b) the development results from a development application made on or after 28 February 2025 for the subdivision of the land and the erection of a dual occupancy on the land.
(3) The following non-discretionary development standards apply—
(a) each resulting lot must contain no more than 1 dwelling,
(b) each resulting lot must be at least 6m wide at the front building line,
(c) each resulting lot must have lawful access and frontage to a public road,
(d) each resulting lot must have an area of at least 225m2,
(e) each resulting lot must not be a battle-axe lot.
(4) This section does not apply to strata subdivision.
s 169: Ins 2025 (81), Sch 1[3]. Am 2025 (597), Sch 11[2].