Rural Dual Occupancy

Rural Ballina Shire Landscape with Detached Dual Occupancy

Council receives many Development Applications (DAs) for rurual dual occupancies each year. Applications that clearly address key planning requirements such as dwelling entitlement status, zoning, building height, setbacks, parking arrangements, potential land use conflicts, natural hazards like bushfire and flooding and environmental issues - can be approved more quickly. To avoid delays, make sure your application aligns with the Ballina Local Environmental Plan (LEP) and Development Control Plan (DCP) which guide development across Ballina Shire.

Potential issues for rural dual occupancy development applications include:

  • Attached or Detached Dual Occupancy - check your zoning as detached dual occupancies are only permitted in land zoned RU1 or RU2 under the Ballina LEP 2012.
  • BASIX Certificate is a compulsory energy efficiency report under state legislation that demonstrates its sustainability.
  • Bushfire hazard - much of the Shire is mapped as bushfire prone land.
  • Impact on native animals and plants - Ballina Shire has one of the highest rates of biodiversity in NSW - the conservation and enhancement of local biodiversity is important to residents.
  • On-site sewage management systems - adequate on-site sewage management systems ensure the health and quality of local waterways and groundwater supplies.
  • Land use conflict - the right to farm vs a resident’s rural lifestyle amenity can be a source of conflict - take into consideration established and potential surrounding land uses and maximise separation distances in the early planning and site selection process.
  • Archaeology/Aboriginal heritage - the Shire is rich in first inhabitant’s history. Due diligence assessments, including an AHIMS search, is an important first step to take in selecting a suitable building location.
  • Land contamination - previous agricultural land uses and activities (e.g. spraying of pesticides) and existing and previous buildings on the land (e.g. asbestos, lead paint) may have resulted in contamination of soil -  a preliminary site investigation may be required.
  • Flooding - new dwellings (and land surrounding the dwelling) must meet minimum fill and floor heights identified in Council’s Development Control Plan (DCP)

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

1. Start your Development Application

NSW Planning Portal

2. Clearly describe the proposal

Clearly describe the following in your written Statement of Environmental Effects (SEE) document: 

  • What is the intended use of the building? e.g. residential use, short term tourist and visitor accommodation use.
  • Will occupation involve a commercial, or non-residential use requiring a separate consent?
  • What is the floor area, number of bedrooms and building height? if not marked on submitted plans
  • How will vehicles access the property? include car parking arrangements and driveways.
  • Is excavation, earthworks or vegetation removal required?
  • What provisions are there for drinking water and On Site Sewage Management (OSSM) systems? refer to ballina.nsw.gov.au/councilpolicies
  • Is the new dwelling attached or detached from the existing house?

Part 3 Development Applications of the Environmental Planning and Assessment Regulation 2021 sets out the information requirements to accompany a DA.

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

Include the following details in your written Statement of Environmental Effects (SEE) document:

  • Which Local Environmental Plan (LEP) applies and what is the zoning of the land?
  • Is the site in an escarpment or water catchment zone, bushfire prone or close to a main road? refer to ballina.nsw.gov.au/online-maps
  • Are there any relevant State Planning Policies? e.g. Remediation of Land, Koalas, Coastal Land, refer to planningportal.nsw.gov.au
  • Are there any relevant Ballina LEP clauses? e.g. building height, visual impact, acid sulfate soils, flood planning etc.
  • Are there any clauses of the Ballina LEP that you are not complying with? If so, include additional details or justification about why the proposal is not compliant and why it should be approved. We recommend you obtain competent town planning advice from your planning consultant prior to submitting your application.

4. Consider the Development Control Plan (DCP)

Include in your Statement of Environmental Effects (SEE) document  information relating to these Chapters of the Ballina Shire DCP 2012:

5. Consultation and Advice

  • 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 a competent planning consultant or other suitably qualified professional?

  •  If there are any proposed variations to the controls, difficult issues to resolve or prior development history, do you need a consultant to assist? You may also submit a letter of enquiry to Council setting out these issues or request a pre-DA lodgement meeting(PDF, 93KB) prior to finalising your development proposal/design.

6. Submit your Development Application

Submit your application to Council through the NSW Planning Portal.

NSW Planning Portal

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