Where can you build Dual occupancies (attached) in NSW?

“Dual occupancies (attached)” is a defined term in the NSW planning system, and every council’s Local Environmental Plan decides which zones allow it. Across 147 council LEPs it is permitted in 19 zones and prohibited in 31.

Zone by zone, across 147 NSW councils

Each row counts councils, not properties. “Without consent” means no application is needed; “with consent” means a development application. “Can’t say” is not a ban. Either the council has no rule for this use in that zone, or the use is a broad term whose types the table treats differently, so the answer depends on which type a project is.

ZoneWithout consentWith consentProhibitedCan’t sayCouncils with this zone
RU5 Village—937—100
R1 General Residential—925—97
RU1 Primary Production—8621—107
R5 Large Lot Residential—8521—106
R2 Low Density Residential—7314—87
R3 Medium Density Residential—6311—74
RU2 Rural Landscape—418—49
C4 Environmental Living—3922—61
RU4 Primary Production Small Lots—3915—54
MU1 Mixed Use—3453—87
C3 Environmental Management—3253—85
E1 Local Centre—30901121
R4 High Density Residential—1218—30
RU6 Transition—68—14
C2 Environmental Conservation—586—91
E3 Productivity Support—491—95
E2 Commercial Centre—362—65
SP3 Tourist—347—50
SP5 Metropolitan Centre—1——1
C1 National Parks and Nature Reserves——123—123
E4 General Industrial——124—124
E5 Heavy Industrial——26—26
RE1 Public Recreation——134—134
RE2 Private Recreation——125—125
RU3 Forestry——81—81
SP1 Special Activities——78—78
SP2 Infrastructure——1341135
SP4 Enterprise——14—14
W1 Natural Waterways——63—63
W2 Recreational Waterways——59—59
W3 Working Waterways——10—10
W4 Working Waterfront——23—23

How those answers were reached. 1,181 of the “prohibited” answers and 226 of the “with consent” answers come from the zone’s catch-all row. The scheme doesn’t name this use in that zone, but it says what happens to everything it has not named. That is a real answer, not a guess, and it is the reason a count of explicit listings would tell you the opposite in some zones.

What this page cannot tell you

Which zone your land is in, and whether your project is characterised as a dual occupancies (attached) in the first place. The first is a question about an address; the second is a planning judgement. Check an address for the zone and the overlays on it.

Frequently asked questions

Are dual occupancies (attached) allowed in every council in New South Wales?

No. Each council’s Local Environmental Plan has its own land use table, and they differ. This page counts, zone by zone, how many of the 147 NSW council LEPs permit it, prohibit it, or say nothing either way.

My zone shows a number under “Can’t say”. What does that mean?

It means the council’s table doesn’t settle it. Either it neither names this use in that zone nor has a catch-all row for everything it has not named, or this is a broad term (such as agriculture or retail premises) and the table lists some of its types but not the term as a whole. It is not a ban and it is not permission.

Does this tell me whether my project counts as dual occupancies (attached)?

No, and that is deliberate. Deciding which defined term your project is called is a planning judgement, not something this page can do for you. Search your address for the zone, then talk to a planner about how the project is characterised.

Sources

Last reviewed: the published LEPs. Rules can change, so verify with your council before starting work.

General guidance only. Not professional planning advice. Land use tables change as councils amend their LEPs; always confirm against the current instrument for your land.

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