Urban Dual Occupancy Development Application Guide

Ballina Shire receives numerous Development Applications (DAs) each year for the construction of dual occupancies  in  our  urban  areas. Straightforward applications can be approved relatively quickly. However, assessment of zoning, floor space ratio, building height, privacy and overlooking, overshadowing, building design, setbacks, parking arrangements, and natural hazards or environmental issues need to be considered. Council wants applications for compliant urban dual occupancy to be determined without delay. The Ballina Local Environmental Plan (LEP) and Development Control Plan (DCP) reflect Council’s vision and strategic intent for new development in the Shire.

Potential issues for urban dual occupancy development applications include:

  • Permissibility within zone - the BLEP 2012 and State Environmental Planning Policy (Housing) 2021 permit dual occupancy development within R3 Medium Density and R2 Low Density zoned land or within specific land identified under Schedule 1 of the BLEP 2012. It is important to check your zone and the provisions of the BLEP 2012 and Housing SEPP 2021 to determine whether dual occupancy development is permitted development on your site.
  • BASIX - a  BASIX certificate is a compulsory energy efficiency report under  state legislation that demonstrates its sustainability.
  • Private open space and landscaping - ensuring urban developments are provided within private open space and landscaped areas which are usable, have a high amenity and meet the needs of occupants.
  • Overlooking and privacy - ensuring buildings do not unduly affect existing or future development on adjoining properties whilst providing visual privacy for internal and external spaces
  • Overshadowing and solar access - ensuring that both the proposed dual occupancy and adjoining properties are maintaining adequate solar availability to main indoor and outdoor living areas, throughout the year.
  • Bushfire hazard - much of the Shire is mapped as bushfire prone land.
  • Significant urban bushland - the Ballina Shire has one of the highest rates of biodiversity in NSW. Residents inform Council that the conservation and enhancement of local biodiversity is important to them.
  • Archaeology/Aboriginal heritage - the  Shire is rich in first inhabitant’s history.  Due diligence assessments, including an AHIMS search, is an important initial step to take in selecting a suitable building location.
  • Land contamination - previous agricultural landuses and activities (e.g. spraying of pesticides) and existing and previous buildings on the land  (e.g. asbestos,  lead paint)  may have resulted in the contamination of soil. A preliminary site investigation may be required to determine the likelihood of contamination of the site of the new dual occupancy.
  • Flooding - Large areas of the  Shire are subject to flooding.  There is a need to ensure new dual occupancies (and the land surrounding the development) can be built above the required minimum fill and floor areas identified in Council’s DCP.

Follow these steps to complete your development application for a dual occupancy:

1. Start your online application

2. Clearly describe the proposal

You will need to complete a written Statement of Environmental Effects (SEE) document.

Part 3 Development Applications of the Environmental Planning and Assessment Regulation 2021 sets out the information requirements to accompany a DA. You will need to provide answers to the following questions in your written (SEE) document:

  • What is the gross floor area, floor space ratio and building height, if not marked on submitted plans?
  • Will there be any overshadowing and solar access? (provide details and description of proposed landscaping and private open space areas)
  • How will vehicles access the property? (including car parking arrangements and driveways)
  • Is excavation, earthworks or vegetation removal required?
  • Is the new dual occupancy attached or detached from an existing house?

3. Consider the Local Environmental Plan (LEP) and relevant State Planning Policies (SEPPs)

You will also need to provide answers to the following questions in your written Statement of Environmental Effects (SEE) document:

  • Is the land zoned R3 Medium Density Residential or included in Schedule 1 of the BLEP 2012?
  • Is the site bushfire prone land? (refer to ballina.nsw.gov.au/online-maps)
  • Are there any relevant State Planning Policies? (e.g. Remediation of Land, Coastal Land, BASIX refer to planningportal.nsw.gov.au)
  • Are there any special or relevant Ballina LEP clauses? (e.g. building height, floor space ratio, acid sulfate soils, earthworks, flood planning etc.)
  • Are there any clauses of the Ballina LEP that you are not complying with? If so, you will need to include a Clause 4.6 variation and justification about why the proposal is not compliant and why the proposal should be approved. We recommend you discuss this with Council’s Duty Planner prior to submitting your application.

4. Consider the Development Control Plan (DCP)

The written Statement of Environmental Effects (SEE) document needs to provide information relating to the following Chapters of the Ballina Shire DCP 2012:

5. Consultation and Advice

Answer these questions to help you identify any other matters to address in the written (SEE) document:

  • Have you spoken to the neighbours about any potential concerns or impacts?
  • If you are not clear about any LEP or DCP clauses that apply to your proposal, have you sought advice from Council’s Duty Planners?
  • If there are any proposed variations to the controls, difficult issues to resolve or prior development history, do you need a consultant to assist?

6. Submit Your application

Submit your application to Council through the NSW Planning Portal.

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