Schedule 2: Delete ‘Subdivision (dual occupancies–Torrens Title and Strata)’ from the schedule.

The former Bankstown City Council permitted the subdivision of dual occupancies (Torrens Title and Strata) as exempt development. The intended outcome was to allow the subdivision of older style dual occupancies built during the 1990s in the former City of Bankstown.

However, this type of exempt development is no longer relevant as Council no longer receives subdivision certificate applications to formalise the subdivision of older style dual occupancies built during this period. To address this issue, the periodic review identifies the need to delete ‘Subdivision (dual occupancies–Torrens Title and Strata)’ from Schedule 2.

For future dual occupancies, it is important to consider any proposed subdivision as part of the development application process. This will ensure the proposed lot sizes are consistent with the objectives and planning provisions for dual occupancies.


Clause 4.1A (Minimum lot sizes and special provisions for dual occupancies): Amend clause 4.1A(1)(a) to ensure that lot sizes are able to accommodate development that is consistent with the objectives and planning provisions for dual occupancies.

An aim of the LEP (clause 1.2) is to provide development opportunities that are compatible with the prevailing suburban character and amenity of residential areas.

The periodic review identifies the need to amend the objective under clause 4.1A(1)(a) by replacing the words ‘area of a lot’ with ‘lot size’. This amendment better reflects the need for dual occupancies to address both the minimum site area and lot width requirements if this development type is to be consistent with the above aim.


Clause 4.1 (Minimum subdivision lot size): Insert an objective to ensure that the subdivision of low density residential sites reflects and reinforces the predominant subdivision pattern of the area.

An aim of the LEP (clause 1.2) is to provide development opportunities that are compatible with the prevailing suburban character and amenity of residential areas.

The periodic review identifies the need to supplement the objectives of clause 4.1 to ensure subdivision proposals are consistent with the above aim and deliver high quality design outcomes. This is particularly important in Zone R2, where the intended outcome is to maintain the prevailing low density character and subdivision pattern of the suburban neighbourhoods.

Land Use Table: Permit home businesses with consent in the following zones: Zone RU4 Primary Production Small Lots, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential and Zone B1 Neighbourhood Centre.

At the time that Council exhibited the Draft LEP, the Land Use Table listed home businesses as permitted with consent in the following zones: Zone RU4 Primary Production Small Lots, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential and Zone B1 Neighbourhood Centre.

However, the Department of Planning & Environment required Council to remove home businesses from the Land Use Table prior to gazettal. The Department considered that home businesses could be carried out as exempt development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Of concern is the increasing number of cases where proposed home businesses cannot comply with the SEPP. Residents do not have the option of lodging a development application given that home businesses are not listed in the Land Use Table for certain zones.

Should this issue continue, it would be inconsistent with the aims of the LEP (clause 1.2), in particular the aim to provide a range of business opportunities to encourage local employment. To address this issue, the periodic review identifies the need to reinstate home businesses in the Land Use Table for certain zones.