A dual occupancy is two dwellings on one lot of land that are either attached or detached, but this does not include a secondary dwelling. Unlike a secondary dwelling, dual occupancy development may be further subdivided.
Dual Occupancy developments are subject to developer contributions payable to Council to account for the increased demand generated by the additional dwelling on the lot on existing public infrastructure, such as roads and community facilities.
Dual occupancies may be permissible with consent in the following zones underBellingen Shire Council Local Environmental Plan 2010
Dual occupancy (detached)
Dual occupancy (attached)
RU1 – Primary production
RU2 - Rural landscape
RU4 - Primary production small lots
R1 - General residential
R5 - Large Lot Residential
C2- Environmental conservation
C3 - Environmental management
C4 - Environmental living
The minimum lot size for dual occupancy development varies depending on the zone of the land, whether the site is within a specific locality, and the type of lot.
Torrens Title subdivision of land is allowed when it is for the erection of a dual occupancy, and the resulting lot size is met. If the application does not meet the requirements, strata subdivision of the dwellings may be allowed.
Note: Subdivision of the land may not occur until the dual occupancy is constructed.
To obtain development consent, you will need to lodge either a Development Application (DA) or Complying Development Certificate (CDC).
Apply for a DA Apply for a CDC
Planning on building or renovating and don't know where to start?
These Frequently Asked Questions may help guide you.
Visit our How can we help page to access the services we provide to assist you prepare your application;
Visit our submitting an application page to read the steps to take to submit a range of applications, including a DA or CDC
Bellingen Shire Council Development Control Plan 2017-2019 (DCP)(PDF, 8MB)
Bellingen Shire Council Local Environmental Plan 2010 (LEP)
If the application process is unfamiliar with you, or your application is somewhat complex, it is recommended you engage a suitably qualified consultant to ensure the development is designed in accordance with all relevant development standards and complies with the Building Code of Australia.
This may eliminate incomplete or insufficient applications being lodged, which can slow down application processing times.
It is recommended to discuss your proposal with your neighbours and consider their concerns to avoid delay in the application process.