State Government changes implemented in the Hornsby LEP

On Friday 31 October 2025 the NSW government added clauses 4.1C - Minimum lot size for dual occupancies in Zone R2 and 4.1D - Minimum subdivision lot size for dual occupancies in Zone R2 in the Hornsby Local Environmental Plan 2013, which will appear in the online version shortly. The clauses identify minimum lot sizes consistent with those endorsed by Council on 12 February 2025:

The Dual Occupancy DCP Provisions were adopted by Council on 11 June 2025

The NSW government permitted dual occupancy development (2 dwellings on a single lot) in July 2024 across NSW in the R2 Low Density Residential zone as part of its Low-Rise Housing Diversity Reforms. Exclusions include being heritage listed, bush fire prone and certain flood prone land (see FAQs for more information).

Further changes are anticipated mid-2025 permitting subdivision of dual occupancy development. Council has nominated specific lot sizes for dual occupancy development and these can be viewed here.

To support the legislation changes Council added controls for dual occupancy development to the Hornsby Development Control Plan (DCP) 2024.

We would like your feedback on the proposed dual occupancy minimum subdivision lot sizes

The NSW government permitted dual occupancy development (2 dwellings on a single lot) in July 2024 across NSW in the R2 Low Density Residential zone as part of its Low-Rise Housing Diversity Reforms. Exclusions include being heritage listed, bush fire prone and certain flood prone land (see FAQs for more information).

Further changes are anticipated mid-2025 permitting subdivision of dual occupancy development. Council has nominated specific lot sizes for dual occupancy development and these can be viewed here.

To support the legislation changes Council added controls for dual occupancy development to the Hornsby Development Control Plan (DCP) 2024.

We would like your feedback on the following draft DCP documents:

• Part 1 General (Section 1.3.2.1 Transport and parking)
• Part 3 Residential (Section 3.1 Dwelling Houses and Dual Occupancies)
• Part 6 Subdivision (Section 6.2 Urban Subdivision)