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