MBRC Planning Scheme - Dual occupancy
A dual occupancy:
- means a residential use of premises for 2 households involving:
- Two dwellings (whether attached or detached) on a single lot or 2 dwellings (whether attached or detached) on separate lots that share a common property and
- any domestic outbuilding associated with the dwellings but
- does not include a residential use of premises that involves a secondary dwelling.
Dual occupancies can establish in a number of different forms:
- A traditional Dual occupancy comprises a single or two storey dwelling that is attached to the other dwelling by a common wall, but it may be detached. The dwellings may share a driveway but generally all other facilities are separate. The Dual occupancy does not include a primary and subordinate dwelling.
- A less traditional Dual occupancy incorporates a loft dwelling. These Dual occupancies consist of a single or two storey dwelling, being the primary dwelling that is attached to another smaller dwelling. The dwellings may share a driveway but generally all other facilities are separate. For more information on this type of Dual occupancy refer to Planning Scheme policy - Residential design(PDF, 20MB).
More than two dwellings on a property is defined as a Multiple dwelling (see Multiple dwelling information sheet).
Dual occupancies are not appropriate in all residential zones and precincts. They are supported in the General residential zone - Next generation precinct to allow for an overall increase residential density. However, Dual occupancies are not suitable in a General residential zone - Urban precinct as the residential density associated with this form of development is too low. Dual occupancies are not appropriate in the Rural or Rural residential zones.
Do I need Council approval?
The following table summarises the category of development and assessment (type of application needed, if any) and relevant assessment benchmarks (requirements) for Dual occupancies.
Development that is categorised as ‘Accepted development subject to requirements’ does not require development approval from Council provided it complies with the relevant assessment benchmarks outlined in the planning scheme. If the proposal does not comply with the relevant assessment benchmarks, a development application must be lodged with Council for approval. Assessable development (Code assessment and impact assessment) requires approval from Council.
A Dual occupancy is not a Secondary dwelling. A Secondary dwelling is part of a Dwelling house. For more information, see Secondary dwelling information sheet.
To find out if development requires an application and the category of development and assessment, refer to Part 5 Tables of assessment in the planning scheme. Assessment benchmarks (requirements) for a Dual occupancy are contained in the relevant zone code in Part 6 (links provided above) and the Residential uses code (section 9.3.2 part A only). Planning Scheme policy - Residential design(PDF, 20MB) provides additional information and guidance about satisfying assessment benchmarks identified in the planning scheme.