Font Size 

Subdivision of Dual Occupancies in R2 Zone

Consultation is currently open

Consultation will run from Monday 13 March to Sunday 9 April.


Terry Tredrea - Strategic Planner

Phone: (02) 9911 3580



Council is consulting with the wider community on a proposed amendment to the Lane Cove Local Environment Plan (LEP) to permit strata subdivision of certain approved dual occupancy dwellings that were registered under company title in the R2 zone on or before Thursday 16th June 2022.

Lane Cove LEP 2009 (Clause 4.1A) currently prevents subdivision that would result in the dwellings that make up a dual occupancy being located on separate lots (i.e. subdivided). In response, a small number (five) of dual occupancies in the Lane Cove R2 zone fall short of the minimum lot size for two single dwellings, but could still be subdivided under Company Title or Tenants-in-Common instead of Strata. This was a workable solution adopted in the past.

A local resident raised concerns that following the 2019 Banking Royal Commission, it is alleged that most lenders [banks] will now no longer accept Company Title or similar as security for finance. Accordingly, the resident sees this as "unfair" on dual occupancy owners under company title.


At its 23 June 2022 meeting, Council resolved to:

"prepare a Planning Proposal to permit strata sub-division of approved dual occupancy dwellings that are registered as either company title or tenants-in-common on or before Thursday 16th June 2022."

At its 8 November 2022 meeting, the Lane Cove Local Planning Panel advised that:

"…the Planning Proposal in it's original form is limited to those dual occupancies under Company Title under the Corporations Act 2001, thereby disadvantaging those dual occupancies which have not gone down that path."

and therefore suggested that the clause be widened to include all dual occupancies granted consent or complying development certificate on or before 16 June 2022. A resulting amendment to LEP clause 4.1A was supported at Council's 24 November meeting.

To view the proposed amendments to Clause 4.1(A), which address the legislative context, an explanation of the draft additional subclause to Clause 4.1A, and the intended outcomes, view Planning Proposal No41. In particular, pages 3 to 6.

Have Your Say

You can have your say on the proposed amendment by making a submission to the General Manager quoting the reference 'LEP Amendment No41 Dual occupancies – SU8814by:

Written submissions will be received by Council until 5:00pm Sunday 9 April 2023.

If you would like to be kept informed about the formal progress of this proposal following the consultation period, please submit your email address. Alternatively, check the 'Previous Consultations' section of the website any time after consultation closes for updates regarding this or any past consultation item

Related Documents

Planning Proposal No41  

Report 23 June 2022 meeting

Minute 23 June 2022 meeting

Letter from resident

Three model councils

Report 24 November 2022 meeting

Minutes 24 November 2022 meeting

Advice – Local Planning Panel

Gateway Determination