Dual occupancy · Bathurst Regional Council

Duplexes in Bathurst Regional

What a house block in Bathurst Regional Council's area needs before it can carry two homes: the LEP minimum (not permitted in R2 under the LEP), whether the state 450 m² / 12 m Low and Mid-Rise rule reaches here, and how the two homes can be titled. Read from the LEP text; the address check applies it to your lot.

The minimums under the LEP

not in R2dual occupancy under the LEP

state ruleinside the Low and Mid-Rise area

Dual occupancies are prohibited in R2 — the R2 land use table prohibits the whole ‘residential accommodation’ group and lists only dwelling houses and secondary dwellings, and Bathurst Regional is one of the four councils where the state Housing SEPP duplex rule (s 166) does not apply at all (s 164), so there is no state override; prohibited in R3 as well. In R1 a dual occupancy is permitted and cl 4.1B takes the minimum from the LEP's own Minimum Lot Size—Dual Occupancy Map, which this tool does not read yet — a planner confirms (cl 4.1B(4) then lets the pair be split onto lots of any size).

Low and Mid-Rise

Outside the Six Cities region. The state Low and Mid-Rise rules do not reach Bathurst Regional Council, so the LEP figures above and Council's DCP are the whole test for a dual occupancy.

Can I split it into two titles?

The state split rule — two lots of 225 m², each 6 m wide (Housing SEPP s 169) — only applies inside the Low and Mid-Rise area, and that area does not reach Bathurst Regional Council. Here the council decides. Under the LEP: a planner confirms (cl 4.1B(4) then lets the pair be split onto lots of any size).

Getting it approved

A DA to Bathurst Regional Council is the universal route and the only one on heritage or constrained lots. A CDC from a private certifier under the Low Rise Housing Diversity Code fast-tracks a code-compliant pair (the greater of 400 m² and the council minimum, and 15 m at the building line — 12 m only where the parking comes off a lane or secondary road, no heritage, no bushfire). The Pattern Book pathway uses a pre-approved NSW design on a level lot that meets its tests — subject to survey (slope). Splitting the pair onto two titles is covered above.

What catches owners out here

Frontage at the building line — the state rule measures width where the homes sit, not at the kerb; a splayed block can lose a metre.
Just under — 449 m² is not 450 m². The area shown is the deposited-plan area; a registered survey settles it.
Constraints — bushfire-prone, flood-control and heritage land takes the lot out of the state rules and the fast-track routes and back to the LEP figures and a DA.
Easements and sewer — not on the public maps; order the section 10.7 certificate and the sewer diagram before you design.

Questions owners ask

What is the minimum lot size for a duplex in Bathurst Regional?

It depends on the zone and the LEP; run the address. The state Low and Mid-Rise rule does not reach this council, so the LEP figure stands everywhere.

Can I build a duplex on a 450 m² block in Bathurst Regional?

Not under the state rule, which does not apply here. Whether the LEP or DCP allows it depends on the block; the address check reads the zone and the maps.

Can I subdivide a duplex in Bathurst Regional into two titles?

The LEP and its Lot Size Map decide; there is no state override here.

Do I need a DA for a duplex in Bathurst Regional?

A DA to Bathurst Regional Council is the universal route. A code-compliant pair on a clear lot can go through a private certifier as a CDC under the Low Rise Housing Diversity Code, and a level lot that meets the tests can use a Pattern Book design, subject to survey.

More: the Bathurst Regional Council guide (granny flats, C4, links) · granny flats in Bathurst Regional · duplex rules across NSW · the Low and Mid-Rise policy · the Pattern Book.

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