Fast Assessment of a Property for Building CDC and Subdivision CDC Potential

Subdivision Complying Development Certificates (Subdivision CDC) and Small Scale Development

In this instalment we look at navigating the Development Standards for Building and Subdividing a Dual Occupancy via CDC

When it comes to small scale property development, building and subdividing a dual occupancy is a good way to maximise the land use and profits/investment potential of a block of land.

Often the holding costs of a development can significantly impact a developments profitability and so getting your approvals quickly and construction commenced in a timely manner can assist in maximising the profitably of the development. Using Registered Certifiers and having the approvals issued via Complying Development Certificate (CDC) can achieve this.

Please click on the link below for a previous instalment that goes through the differences between a Development Consent from Council and a Complying Development Certificate (CDC) from a Registered Certifier.

https://subcerts.com.au/subdivision-development-consents-and-certificates

By its nature a Complying Development Certificate can only be issued when a development satisfies all the development standards contained within the relevant section of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and for Dual Occupancy and Subdivision those sections are Part 3B and Part 67 respectively.

When looking at a property to purchase for the purpose of building and subdividing a dual occupancy (or commonly referred to as a duplex) its important to ensure that the lot is capable of being developed via a CDC for a dual occupancy and CDC for Subdivision and this can be done by completing the high-level checks below:

Items to check for....

1. Is development Permissible

Before even considering a site you need to ensure a dual occupancy (duplex) is permissible in that zoning in the local government area, if a dual occupancies are not permissible in that zoning (i.e. R2 in Liverpool City Council) a CDC for Dual Occupancy can not be issued.

The same is required for Subdivision of the dual occupancy, currently in some Council areas you are able to obtain a CDC for a dual occupancy, however are unable to subdivide as this is not permissible in the Local Environment Plan (LEP) that applies to the land (i.e. The Hills Shire)

Please refer SubCerts handy guide for majority of NSW Local Government Areas (LGA) and if your LGA isn’t listed reach out to the team at SubCerts to find out the require lot size for your particular site.

2. Lot Configuration

Lot Width

For a typical front facing duplex with a garage the lot must be a minimum of 15m wide at the building line. The Width can be reduced to 12m if the property has a secondary street frontage for car access.

Lot size (Parent)

The required lot size to get approval for the dual occupancy is dependent on which local government area the site is located in.

Lot Size (Child)

To be able to subdivide your dual occupancy (duplex) then the new lots need to either be 200m2 or as per the minimum required by the Local Council.

Finding the above information is complicated and can be confusing, however SubCerts handy guide provides this information for majority of NSW Local Government Areas (LGA) and if your LGA isn’t listed reach out to the team at SubCerts to find out the require lot size for your particular site.

3. Site Specific Constraints (S10.7 Certificate)

Heritage

Does the site contain a heritage listed item? This can be problematic and further site specific investigation must be completed

Bushfire

Is the site Bushfire affected? If so confirmation that the development will be BAL-29 or lower will be required. Note for Multi-Dwelling Housing (Terraces) the site must not be bushfire affected at all!

Flooding

Is the site flood affected? If the site is below the 1% Annual Exceed Probability (AEP) (formerly referred to as the 1 in 100 year storm) a dual occupancy will be difficult to get approved and expert advice should be sought. If it is above the 1%AEP but below the Probable Maximum Flood (PMF) then the site may have potential however expert advice should be sought

Landslip

Does the S10.7 Certificate identify the lot as affected by Landslip? If Yes, contact should be made with SubCerts to determine if this is a type that would stop a CDC being issued or if a Building CDC and Subdivision CDC can be issued.

Biodiversity

If a site is identified as a Biodiversity Certified site or a Biodiversity Stewardship site then further investigation is required to confirm if a CDC can be issued.

If the site has passed the tests above then you can continue to checking the site to see if a suitable product can be built on it.

4. Setbacks

Front setback

The front setback is the average of the two nearest dwellings (within 40m), or if no dwellings are within 40m then as per the table in cl3B.11(3). Its important to note that if your site has two dwellings within 40m and they have a large setback (i.e.10m) then a CDC must comply with the requirement for a matching 10m setback, which depending on the depth of your lot, this may prevent a suitable dwelling being constructed and may make the development not feasible.

If your site has a boundary with a Classified Road (generally a large sub-arterial road or greater) then the setback must be 9m, which once again may prevent a suitable dwelling being constructed and may make the development not feasible.

5. Dwelling Configuration

Will one dwelling be behind the other (i.e. Battle-Axe arrangement)? Both dwellings must have frontage to a public road. This means both dwellings must front a public road, not a community title road, public reserve, strata common property etc.

Legal Access – Both dwellings must have legal access to their respective car spaces. This can be either the garages fronting a public road, laneway, etc or via a suitable easement.

Now the above is not intended to act as a comprehensive assessment as to whether a development is compliant with Complying Development Certificate (CDC) requirements but as a semi-detailed quick assessment of a lots potential for development via a CDC for dual occupancy and then Subdivision Complying Development Certificate (Subdivision CDC).

If you are considering purchasing a site and have reviewed it against the information contained here and it appears that a Dual Occupancy CDC and Subdivision CDC may be possible, it is strongly recommended that you contact SubCerts prior to progressing any further and speaking with one of our expert team members regarding your proposed developments

Image from State Environmental Planning Policy (Exempt and Complying Development Code) 2008 Cl 3B.11

Craig Hopfe, The author of this content, is a Registered Subdivision and Strata Certifier and is a Subdivision Certification specialist having run subdivision development assessment teams, including Town Planners, Development Engineers, Construction Engineers and Subdivision Assessment Officers, in Councils for over a decade and been responsible for the review and issue of Development Consents, Subdivision Works Certificates and Subdivision Certificates for all scale of development.