Northern Beaches Council has proposed one set of planning rules for the whole council area, and it changes the numbers for anyone thinking about a dual occupancy or a two-lot subdivision. The draft Northern Beaches Local Environmental Plan (LEP) would allow dual occupancies on R2 Low Density Residential land with a minimum lot size of 800 m² (attached) or 900 m² (detached). It would also allow those lots to be subdivided into lots of at least 400 m².
It is still a draft. The LEP and a new Development Control Plan (DCP) were on public exhibition from 20 July 2026, and Council's consultation page says submissions closed on Sunday 30 August 2026. Council expects both plans to commence in mid-2027.
What is changing
The draft replaces the separate planning rules that apply across the former Manly, Warringah and Pittwater areas. In Council's words, it would "harmonise existing planning rules across the area".
These are the dual occupancy controls in the exhibited draft LEP (Appendix F, Version 2, on the NSW Planning Portal):
| Draft control | Zone R2 Low Density Residential |
|---|---|
| Minimum lot size, attached dual occupancy | 800 m² |
| Minimum lot size, detached dual occupancy | 900 m² |
| Lot size calculation | The area of any existing or proposed access corridor, including a right of carriageway, is excluded |
| Subdividing a lot with a dual occupancy | Each resulting lot at least 400 m², with one dwelling per lot |
| Where it does not apply | Warriewood Valley Release Area |
The draft subdivision clause reads: development consent may be granted to the subdivision of a lot with an existing or proposed dual occupancy if "the area of each lot resulting from the subdivision is equal to or greater than: a. In zone R2 – 400 square metres". In zones R1 and R3 the draft figure is 200 m².
Council's exhibition snapshot puts it this way: "Dual occupancy development will be permitted in all R2 Low Density Residential zones, subject to a minimum lot size of 800sqm (attached development) or 900sqm (detached development)." The same snapshot says a new floor space ratio control of between 0.23:1 and 0.65:1 would apply in low-density areas, depending on location and lot size.
One point to watch: Council's consultation page describes detached dual occupancies as allowed only "under certain circumstances, such as if the R2 property contains a heritage item, has two street frontages, or is a corner lot", and gives an 18 m lot width for attached dual occupancies. The exhibited LEP instrument and the snapshot do not include those limits, and the supporting Appendix J-1 records them as removed following the Gateway determination. The final wording will be in the plan that is made.
What applies today
Nothing in the draft is law yet. Today's rules depend on where the property is:
- Areas under Warringah LEP 2011: Council says dual occupancies and semi-detached dwellings "have applied only to sites over 800 m² since 31 October 2025."
- Low and mid-rise housing areas: within 800 metres walking distance of nine nominated centres (Manly, Balgowlah, Manly Vale, Dee Why, Warringah Mall (Brookvale), Forestville, Forestway, the Frenchs Forest Precinct and Mona Vale), the State's low and mid-rise housing controls apply. For dual occupancies these set a minimum lot of 450 m² and 12 m width, and on subdivision a minimum of 225 m² and 6 m width per lot in the R1, R2 and R3 zones.
- Across all R2 land: Council's page says the State's changes from 1 July 2024 made dual occupancies and semi-detached dwellings "permitted with development consent in all R2 Low Density Residential zones". Outside the areas above, the lot size rules in the existing Manly and Pittwater LEPs continue to apply until the new LEP is made.
When it applies
- Gateway determination: 27 October 2025 (NSW Planning Portal).
- Exhibition: opened 20 July 2026. Council's page gives a closing date of 30 August 2026; the Planning Portal lists the exhibition period as 20 July to 30 September 2026.
- Next steps: Council reviews the submissions, the NSW Department of Planning, Housing and Infrastructure decides whether to make the LEP, and Council adopts the DCP.
- Expected start: Council says "It is anticipated that both plans will commence in mid-2027."
What it could mean for your block
If the draft is made as exhibited, an R2 block of around 800 m² could support an attached dual occupancy and then a two-lot subdivision of at least 400 m² each, while a detached pair would need at least 900 m². Access corridors would not count towards the lot size, which matters for battle-axe and long driveway blocks.
Lot size is only part of the picture. Floor space ratio, height, setbacks, landscaping, bushfire and flood affectation, trees, heritage and the DCP's design controls can all limit what fits. Council's mapping and the final instrument are what decide it for a particular property.
How to check your property
- Look up your zone, lot size and overlays on the NSW Planning Portal spatial viewer.
- Read the draft LEP and DCP material on Council's Your Say page and follow the planning proposal on the NSW Planning Portal.
- Read our New South Wales subdivision guide for how the process works, or order a Subdivision Checker report for a detailed report on a single address.
- A registered surveyor or town planner can confirm what applies to your land.
Frequently asked questions
Is the Northern Beaches draft LEP in force?
No. It is a draft planning proposal. Submissions closed on 30 August 2026 and Council expects the new LEP and DCP to commence in mid-2027, after it reviews submissions, the NSW Department approves the LEP and Council adopts the DCP.
What lot size would I need for a dual occupancy in R2?
Under the exhibited draft LEP, at least 800 m² for an attached dual occupancy and 900 m² for a detached one. The area of any access corridor, such as a right of carriageway, is excluded when calculating lot size.
Could the dual occupancy then be subdivided?
The exhibited draft allows subdivision of a lot with an existing or proposed dual occupancy in R2 where each resulting lot is at least 400 m² and has only one dwelling. It does not apply in the Warriewood Valley Release Area.
Sources
- Local Environmental Plan and Development Control Plan – Northern Beaches Council Your Say
- Draft LEP and DCP Exhibition – Snapshot (July 2026) – Northern Beaches Council
- A clearer set of planning rules for the Northern Beaches – Northern Beaches Council media release, 20 July 2026
- Northern Beaches Comprehensive LEP Planning Proposal (PP-2024-1343) – NSW Planning Portal
- PP Appendix F – Draft Northern Beaches LEP 202X (written instrument), Version 2 – NSW Planning Portal
- PP Appendix J-1 – Dual Occupancy and Housing Density, Version 2 – NSW Planning Portal
- Low and Mid Rise Housing Policy – Northern Beaches Council
- Low and mid-rise housing policy: summary of key provisions – NSW Department of Planning, Housing and Infrastructure
This article is general information only, current at 4 October 2026. Draft plans can change before they take effect. Speak to a registered surveyor or town planner about your property.
