Dual House Rules Rockdale

Development Control Plan No.
39
Dual Occupancy & Granny
Flat Development
Effective from 7 July 2005
Prepared by
Planning & Development Department
DEVELOPMENT CONTROL PLAN NO. 39
DUAL OCCUPANCY AND GRANNY FLAT DEVELOPMENT
CONTENTS
Page No.
Statement of Ethics .................................................................... 5
1 Introduction ................................................................................. 6
2 General objectives of the Plan ................................................... 7
3 Definitions.................................................................................... 8
4 Development sites for dual occupancy housing....................... 11

4.1 Minimum allotment size .......................................................... 11
4.1.1 Granny Flat................................................................... 11
4.1.2 Attached Dual Occupancy ............................................ 11
4.1.3 Detached Dual Occupancy ........................................... 12
4.2 Floor space ratio..................................................................... 12
4.3 Subdivision for dual occupancy .............................................. 12
5 Site Analysis................................................................................ 13
6 Site Planning ............................................................................... 16
7 Streetscape.................................................................................. 18
8 Heritage Conservation ................................................................ 19
9 Building Appearance, Design and Materials ............................. 20

9.1 Building appearance............................................................... 20
9.2 Garages ................................................................................. 20
9.3 Roof ....................................................................................... 21
9.4 Attics ...................................................................................... 21
9.5 Ceiling heights........................................................................ 22
9.6 Building height and mass........................................................ 22
9.7 Natural landform and topography ........................................... 22
9.8 External materials and colour ................................................. 22
9.9 Building facades ..................................................................... 22
9.10 Internal design...................................................................... 22
9.11 Alterations and additions ...................................................... 23
9.12 Granny flat ........................................................................... 23
10 Building Height............................................................................ 25
Contents (Page 2)
Page No.
11 Building Setbacks ....................................................................... 26

11.1 Front setback........................................................................ 27
11.2 Side and rear setbacks......................................................... 27
11.3 Garage and carport setbacks ............................................... 27
11.4 Separation between detached dwellings............................... 28
11.5 Setbacks on corner lots ........................................................ 28
11.6 Lots abutting a lane or narrow street..................................... 28
12 Overshadowing .......................................................................... 29
13 Landscaping and open space .................................................... 30

13.1 Landscaping ......................................................................... 30
13.2 Private open space............................................................... 31
14 Visual and Acoustic Privacy....................................................... 32

14.1 Visual Privacy....................................................................... 32
14.2 Acoustic privacy, noise and vibration .................................... 35
15 Car Parking and Vehicular Accommodation and Access......... 36

15.1 Car spaces ........................................................................... 36
15.2 Driveways............................................................................. 38
15.3 Vehicular movement............................................................. 38
15.4 Protection of footpaths.......................................................... 38
16 Energy Efficiency ........................................................................ 39
17 Tree Preservation ....................................................................... 42
18 Outbuildings ............................................................................... 42
19 Drainage ...................................................................................... 42
20 Fences ......................................................................................... 44
21 General Requirements ................................................................ 44

21.1 Compliance with Building Code of Australia.......................... 44
21.2 Internal requirements............................................................ 45
21.3 Access to dwellings .............................................................. 46
21.4 Floor levels ........................................................................... 46
21.5 Laundries ............................................................................. 47
21.6 Storage................................................................................. 47
21.7 Waste and recycling facilities................................................ 47
21.8 Clothes hoists/lines............................................................... 48
21.9 Required Mechanical Ventilation .......................................... 48
22 Crime Prevention Through Environmental Design .... 48
23 Section 94 developer contributions ....... 49
[Disclaimer: All the illustrations contained within this plan are indicative
diagrams only.]
STATEMENT OF ETHICS
The following seven principles of public life for Rockdale City Council guide us in achieving the
highest ethical standards of behaviour.
Selflessness
We will make all our decisions based solely on what is in the public interest.
Integrity
We will do what we say we will do. However, we will not put ourselves under any financial or other
obligation to any person or organisation when we perform our public duties.
Objectivity
When carrying out public duties, including making public appointments, awarding contracts,
recommending individuals for rewards and benefits, or making determination on development
applications and planning matters we will make all those decisions based on merit.
Accountability
We are accountable for our decisions and actions to the public and submit ourselves to the scrutiny
appropriate to our office.
Openness
We will be as open about all the decisions and actions that we take. We will give reasons for our
decisions and restrict information only when the wider public interest clearly demands it.
Honesty
We have a duty to publicly declare any private interests we may have which conflict with our public
duties and will resolve any conflicts so that the public interest is protected at all times.
Leadership
We will promote and support these principles by our own example to others.
Page 5 Development Control Plan No. 39

- Dual Occupancy & Granny Flat Development
1.0 INTRODUCTION
1.1 Background
A Dual Occupancy can be built in all Residential zones in the City of Rockdale. In some
circumstances, land may be affected by a specific provision of Rockdale Local Environmental
Plan 2000 or a Development Control Plan that will affect development. Therefore applicants
are strongly advised to ascertain the zoning of the land and to discuss the proposed Dual
Occupancy with Council's Planning & Development Department staff before proceeding with
the preparation of plans.
It is pointed out that compliance with numerical standards may not produce quality
development and may still lead to rejection. The objectives of the plan and individual
development controls must be met and the performance criteria achieved.
1.2 Application of this Plan
This Development Control Plan applies to residential development in the form of:
a dual occupancy; and

granny flat.
1.3 Citation
This plan may be cited as "Rockdale Development Control Plan No. 39 - Dual Occupancy and
Granny Flat Development".
1.4 Commencement of the Plan
This plan was adopted by Council on Wednesday, 22 June 2005 and came into effect on
Thursday, 7 July 2005.
1.5 Relationship to other planning instruments
This plan shall be read in conjunction with the provisions of Rockdale Local Environmental
Plan 2000 and any subsequent planning instruments.
1.6 Relationship to other Development Control Plans and Legislation
This plan supersedes Development Control Plan No. 39 - Dual Occupancy and Granny Flat
Development 21 August 2003 and incorporates amendments introduced by Development
Control Plan No. 60 - Amendments to Residential Development Controls and Development
Control Plan No. 61 - Amendment to Councils Development Control Plans.
Other relevant Council documents applicants should consult prior to lodgement include
Rockdale LEP 2000, DCP 28 Requirements for Access, DCP 53 Construction Site Waste
Management and Minimisation, DCP 67 Crime Prevention Through Environmental Design,
DCP 71 Landscape Design Principles and Guidelines, DCP 78 Stormwater Management,
Stormwater Design Code, Stormwater Retention Code, Contaminated Land Policy and the
Parking and Loading Code.
All development applications will be assessed in relation to the matters listed in Section 79(c)
of the Environmental Planning and Assessment Act 1979 and BASIX (the Building
Sustainability Index).

1.7 Using this Development Control Plan
Applicants should obtain a copy of Council's information booklet titled " Development
Application Guide - 5 Steps to Preparing a DA" to use in conjunction with this Plan.
This Development Control Plan outlines the minimum standards Council will accept for dual
occupancy and granny flat development in the City of Rockdale. Development proposals
should meet the minimum requirements and standards of this Plan and prove through design
that the stated objectives are being met. Council's aim is to encourage a high level of building
design that has architectural merit and which complements the existing streetscape while
adding value to the residential living environment.
The controls and performance standards contained in this Plan are the minimum acceptable
requirements for development. Compliance with this Plan does not constitute approval.
Council shall also consider any submissions made in respect to the proposal.
Council will consider departures from the minimum standards of this Plan where the
application of the minimum standard can be shown to be unnecessary or unreasonable by
way of:-
- Location of site
- Topography of site
- Any other special circumstance or where the objectives of the Plan can still be
achieved by way of sympathetic design.
2.0 GENERAL OBJECTIVES OF THE PLAN

To ensure sites are developed using town planning principles which aim to improve
the amenity for future occupants of all developments and their neighbours.
To ensure new development preserves the quality of the built environment for all
existing and future residents.
To encourage development of a high standard of architectural merit and design.
To stimulate and promote the orderly and economic use and development of land on
larger consolidated sites.
To encourage architectural and design innovation by providing both prescriptive

standards, performance criteria and objectives to allow some flexibility.
To integrate new development into established areas by maintaining streetscape and

building quality.
To provide a range of housing types.

3.0 DEFINITIONS
"Amenity" means any features, facilities or services of an area which contribute to the
pleasantness, quality of life, or environment the residents enjoy.
"ANEI" means the Australian Noise Exposure Index, which shows the average daily aircraft
noise exposure around the airport for a one year period.
"AS 2021" means the Australian Standard AS 2021 - 2000 (Acoustics - Aircraft noise
intrusion - Building siting and construction) published by Standards Australia on 10 August
2000.
"Attached Dual Occupancy" means two dwellings within the one building structure attached
by common walls or one above the other as a duplex where the building has an integrated
design and gives the general external appearance of a single dwelling house.
"Attic" means a habitable area contained wholly within the roof space of a building but only if:
(a) The roof space is formed by a series of single angled roof planes reaching
an apex or ridge; and
(b) The roof planes transect the ceiling of the floor below; and
(c) The habitable area is not enclosed by any vertical external walls such as
gable ends but the habitable area may contain dormer windows.
"Basement" means a space within a building that is partly or wholly below natural ground
level used for car parking, laundries, plant or any other purpose provided the ceiling above
the space is;
(a) not more than 1 metre above natural ground level, or
(b) where it is more than 1 metre above natural ground level, the floor level next
above the space is at the minimum height required by the consent authority
to prevent or reduce the incidence of flooding of the building.
"Character" means the typical and distinctive quality or features of a streetscape that
describe or identify the street.
"Detached Dual Occupancy" means two separate dwelling houses on one allotment.

"Dual Occupancy" means two dwellings on one allotment of land or originally approved on
one allotment of land prior to subdivision, including two detached or attached dwellings,
where subdivision is permissible.
"Dwelling" means a room or number of rooms occupied or used or so constructed or

adapted as to be capable of being occupied or used as a separate residence.
"Dwelling house" means a building containing one but not more than one dwelling.
"Floor Space Ratio" means the ratio of the gross floor area of a building to the site area of
the land on which the building is erected or proposed to be erected.
"Front Building Line" means the line which specifies the setback from the front property
boundary for all structures.
"Granny Flat" means two dwellings on one allotment where the gross floor area of one of the
dwellings does not exceed 65 square metres and subdivision is prohibited.
"Gross Floor Area" means the sum of the areas of each floor of a building where the area of
each floor is taken to be the area within the inner face of the external enclosing walls, as
measured at a height of 1400 millimetres above each floor level but, does not include:
(a) the thickness of external walls, balconies, columns, fin walls, sun control
devices and any elements, projections or works outside the general line of
the inner face of the external enclosing wall,
(b) lift towers, cooling towers, machinery and plant rooms and ancillary storage
space and vertical air-conditioning ducts,
(c) car parking needed to meet any requirements of the Council and any internal
access thereto,
(d) space for the loading and unloading of goods,
(e) attics,
(f) basements,
(g) rooftop recreation facilities, and
(h) penthouses on residential flat buildings and mixed use premises.
"Height" in relation to a building, means the distance measured vertically from any point on
the ceiling of the topmost floor of the building to the natural ground level immediately below
that point.
"Landscaped Area" means the part of the site not occupied or covered by any buildings,
which is predominantly landscaped by gardens, lawns, shrubs and trees and is provided for
the enhancement of the appearance of the site and the enjoyment of its residents.
Landscaped area also includes any pathways, porches, ground floor balconies, swimming
pools or other outdoor recreation facilities and landscaped decks over underground car
parking structures, but excludes parking areas, driveways, and clearly designated (ie
separate spaces) garbage storage areas and clothes drying areas.
"Narrow street" means a street where the distance measured from boundary to boundary is
12.2 metres or less.

"Natural ground level" means the level of the existing undisturbed site before the proposed
development is carried out on that site in accordance with this Code. The measurement of
natural ground level shall be related to the level of the top of the kerb at a marked point on the
property frontage.
"Natural/Soft Landscaping" means that part of a site which is not occupied by any building
structure, swimming pool, tennis court, driveway etc, and is vegetated with gardens, lawns,
shrubs or trees, but does not include any paved area.
"Regional road" means a road whose main function is to supplement the State roads in
providing for traffic movements or which distribute traffic to local street systems;
"Rooftop Recreation Facility" means any structure or facility located on the roof area of a
building and used for recreational purposes by the occupants of the building.
"Setback" means the horizontal distance between a building and a site boundary, measured
along a line perpendicular to the site boundary.
"Site Area" means the area of land to which an application for consent under the Act relates,
excluding therefrom any land upon which the development to which the application relates is
not permitted by or under the local environmental plan.
"State road" means a road whose main function is to perform the principal avenue of
`communications for massive traffic movement and is identified by a red line on the map.
"Storey" means the space within a building between one floor level and the floor level next
above or, if there is no floor level above, the ceiling or roof above, but does not include:
(a) penthouses, or
(b) rooftop recreation facilities, or
(c) basements,
(d) attic space that is part of the dwelling immediately below and is incapable of
being used as a separate dwelling, or
(e) plant rooms, lift overruns and mechanical ventilation rooms but only where
they are integrated into the design of the building.
"Streetscape" encompasses both public and communal streetscapes, and includes

buildings, street and landscape design features and all adjacent buildings, landscaping and
fencing, traffic treatments, paths, driveways, street surfaces and utility services. The spatial
arrangement (including building setbacks) of these components and their visual appearance
determine the streetscape character.
"Void" means the area occupied at each level of the building including that area required for
the provision of a staircase.

4.0 DEVELOPMENT SITES FOR DUAL OCCUPANCY HOUSING
4.1 Minimum allotment size
Objectives:
To promote orderly development of land on large sites in preference to development
on small, narrow sites.
To promote good economic use of land and a high standard of site layout and design.
To ensure that regard can be given to the achievement of ecologically sustainable

development principles.
Requirements:
(a) Granny flats - there is no minimum lot size for granny flat development
(b) Dual occupancy development - a minimum site area of 700m2 shall be provided for
all dual occupancy development.
(c) Dual occupancy development on lots with an average width of less than 15.24m will
not be permitted.
Note: In assessing the area of an existing hatchet-shaped allotment, the area of the
access corridor shall be excluded.
4.1.1 Granny Flat
(a) Granny flat development consists of two dwellings on one allotment resulting from the
conversion of an existing house or the conversion of an existing separate building or
the erection of a new separate dwelling. The gross floor area of one dwelling does
not exceed 65m2 and subdivision is not permissible.
(b) Conversions of existing outbuildings will only be considered where the building meets
the standards required by the Building Code of Australia.
(c) Granny flats shall observe a minimum side and rear setback of 900mm.
(d) Granny flats must provide an area of open space to be shared with the existing house
with a minimum area of 80 sq.m.
(e) Granny flats shall be single storey only and have a maximum height of 3.6m.
(f) A maximum floor level of 300mm above the highest point of the natural ground level
and 1m above the lowest point must be observed.
(g) Granny flats shall not be prefabricated buildings or visually impactive when viewed
from adjoining properties. They are to be made of complementary materials to those
of the existing building and in the locality.
(h) Detailed drainage and landscape plans prepared in accordance with the relevant
code are to be submitted with the development application for granny flats.
4.1.2 Attached Dual Occupancy
Attached dual occupancy development consists of two (2) dwellings within one building
attached by:

(a) a substantial wall separating the two dwellings; or
(b) a floor of one dwelling and ceiling of the other for duplexes.
4.1.3 Detached Dual Occupancy
(a) Detached dual occupancy development consists of two (2) dwelling houses on one
allotment of land involving:
(i) the erection of a separate dwelling house on a site where there is an existing
dwelling; or
(ii) the erection of two (2) new separate dwelling houses.
4.2 Floor space ratio
Objective:
To ensure that the development is compatible with the scale and character of the
existing surrounding residential dwellings in terms of building bulk, height and
landscaping.
Requirements:
(a) A maximum floor space ratio of 0.5:1.
(b) For Torrens Title or Community Title Subdivision the floor space ratio of each
proposed allotment shall not exceed 0.5:1 other than for corner lots where the
amenity of the occupants of the development and thereof adjoining properties can be
maintained.
(c) The area calculation of the battle-axe handle is to be proportioned to the front
allotment for the purpose of calculating the floor space ratio only, even though the
battle-axe in the subdivision may be part of the rear lot.
(d) Where garages are included within the design of the dual occupancy, the area of
2
such garage in excess of 50m will be included as gross floor area for the purpose of
calculating the floor space ratio.
Note: For the purpose of calculating the floor space ratio, the area of the attic shall be
excluded from the calculations.
4.3 Subdivision for dual occupancy
(a) Dual occupancy development, which meets the minimum site area requirement of
700sq.m. (excluding access handle in the case of a battle-axe lot) may be subdivided
under Torrens Title, Community Title or Strata Title.
(b) Dual occupancies with an area between 500 and 700 square metres may be
subdivided provided the application for approval of the dual occupancy was lodged
with Council before the adoption of the 700 square metre requirement for all dual
occupancies.
(c) For Torrens Title and Community Title Subdivision the floor space ratio of each new
allotment shall not exceed 0.5:1.
(d) Each new lot is required to be numbered lot 700 and lot 701.

(e) A plan is to be submitted with a separate subdivision application showing the location
of all services (water, sewer, electricity, gas, stormwater etc) on the site. Any service
benefiting one allotment, but crossing another is to be covered by an easement.
(f) All rights of way and easements are to be covered by appropriate Section 88B
Instruments which may only be varied or extinguished with the consent of Rockdale
City Council.
(g) The final linen survey plan for dual occupancy subdivision will not be released until all
works in relation to the approved development have been completed and a final
inspection is satisfactory/or Occupation Certificate issued.
(h) Land zoned for road widening purposes is to be dedicated to the relevant acquisition
authority free of charge. The dedication plan is to be registered with the Registrar
General's Office and proof of registration produced prior to Council issuing a
certificate of compliance.
(i) Development of lots created as a result of a subdivision of a dual occupancy

development must always comply with the provisions applying to dual occupancy
development.
5.0 SITE ANALYSIS
The design process begins with site analysis to identify and interpret the key features of the
site and its surrounds. Site analysis is used to assess how future dwellings will relate to the
immediate surrounds and to each other to produce a design that will minimise negative
impacts on adjoining developments and the neighbourhood.
Objectives:
To ensure site layout and building design considers existing characteristics,
opportunities and constraints of the site and its surrounds.
To ensure new development results in a design which is sensitive to its environment

and is of a high quality.
Requirements:
The following information, where appropriate, is to be shown in a site analysis.

With regard to the site:
site dimensions and site area;

spot levels, contours and north point;
location of easements for drainage and services;
location of existing vegetation, including the height and spread of established trees;
location of buildings and other structures;
heritage features, including archaeology;
orientation, micro climates and significant noise sources;
views to and from the site;
pedestrian and vehicle access;
identification of previous use and any contaminated soils or filled areas;
location of fences, boundaries and any other notable features (natural or historical);
prevailing winds;
natural drainage;
indicative footprint of the proposed buildings; and
overshadowing of the site by neighbouring structures.

With regard to the land surrounding the site:
the location, height and use of buildings (including location of any facing doors and
windows) and out-buildings on adjoining properties;
abutting secluded private open spaces and living room windows that have outlooks
towards the site, particularly those within 9 metres of the site;
the heritage significance of surrounding buildings and landscape;
characteristics of any adjacent public open space;
location and height of walls built to the site's boundary;
views and solar access enjoyed by adjacent residents;
major trees on adjacent properties, particularly those within 9 metres of the site;
street frontage features such as poles, street trees, kerb crossovers, bus stops and
other services, including characteristic fencing and garden styles;
directions and distances to local shops, schools, public transport, parks and
community facilities; and
the difference in levels between the subject land and adjacent properties at their
boundaries.

Example of a Site Analysis Diagram

6.0 SITE PLANNING
Objectives:
To achieve a pleasant and attractive living environment for both residents and
neighbours.
To ensure development reflects the character of the locality and environment.
To ensure the development takes advantage of the site's capability, topography,

orientation and other positive attributes.
To ensure reasonable privacy and security.
To make use of sunlight and outdoor space.
To develop sites with environmental sensitivity.
To ensure the siting of buildings avoids any negative effects on adjoining bushland,
wetlands, waterways and heritage items.
Requirements:
(a) Buildings should address the street and open spaces, and relate to the site's
topography with minimal earthworks.
(b) Siting of buildings should provide usable and efficient spaces, with consideration
given to energy efficiency in the building design.
(c) Site layout should ensure solar access to dwellings and open spaces.
(d) Site layout should take account of on-site features, including land formations,
vegetation, drainage, views, orientation, services and access.
(e) Siting of dwellings should be sympathetic to surrounding development, taking specific

account of the streetscape in terms of scale, bulk, setbacks, materials and visual
amenity.
(f) Site layout should minimise external effects such as overshadowing, and acoustic
and visual intrusion on neighbouring and on site dwellings.
(g) Site layout should provide safe pedestrian, cycle and vehicle access to and from the
street.
Design and Siting Principles

7.0 STREETSCAPE
Objectives:
To provide an attractive streetscape which reinforces the functions of the street and
enhances the visual amenity of buildings and the neighbourhood.
To ensure the streetscapes built form, landscaping and environmental conditions are
not deteriorated by new development.
Requirements:
(a) Buildings at the front of the property should address the street frontage and resemble
single dwellings in design and orientation so that buildings visible from the street have
similarities with those that exist.
(b) New development shall create an attractive residential environment where the
building design reflects the residential character of the locality.
(c) New development should positively contribute to the existing and established
streetscape.
(d) Landscaping should be used to soften the appearance of blank walls, garage doors
and large expanses of concrete driveways. Landscaping should reflect the existing
street tree plantings and take specific account of the role of the street, solar access,
soils and services.
(e) New development should take account of the existing pattern of residential
development in the area. In an established streetscape with strong stylistic or
architectural features and identity, new dwellings should reinforce and be sensitive to
these features and contribute to its character, in terms of the building height, bulk and
scale, roof pitch and form, facade detail, scale and treatment, fenestration patterns,
use of materials, colours and textures, fences and driveways and landscape
treatment.
Contextual Streetscape response
New buildings should complement the character and identity of existing

streetscapes by using similar materials, roof pitches, and fenestration patterns. It is
not considered appropriate for new buildings to be neo-replicas of period styles.
New buildings should have their own identity, but be sympathetic in style to
surrounding buildings.

Integrated housing project
8.0 HERITAGE CONSERVATION

A "site of heritage significance" includes land -
(a) identified in a local environmental plan or exhibited draft local environmental plan as
(i) containing a "heritage item";

(ii) being within a "heritage conservation area";
(iii) containing an "archaeological site" or "potential archaeological site";
(b) identified in a development control plan or exhibited draft development control plan
as containing a "building of possible heritage significance"; or
(c) to which the Heritage Act 1977 applies.
Objectives:
To retain conservation areas and heritage items.

To ensure proposed development is sympathetic to conservation areas and heritage
items in terms of building design, materials and streetscape.
To keep the qualities that make the heritage items and their setting significant.
To retain any existing significant vegetation or trees which form part of the
streetscape and natural site elements.
Requirements:
(a) Any proposed development should consider heritage items located on the site,
adjacent heritage items and conservation areas by designing buildings that are
sympathetic in scale, design, bulk and materials.
(b) New buildings should have their own identity, but be sympathetic in style to heritage
items located on the site, adjacent heritage items and conservation areas. It is not
considered appropriate for new buildings to be neo-replicas of period styles.
Applicants should consult with Council's Heritage Adviser prior to lodging plans.
(c) Any proposed development should not affect the integrity or character of a heritage
item.
(d) Any proposed development should protect and enhance the setting of the heritage
item.
(e) Vistas to heritage items from public spaces shall be retained.
(d) Any proposed development should not put the retained fabric of the heritage item at
risk.

(e) The use of related building forms, materials, and window and door proportions will
complement existing heritage buildings or conservation areas.
Note: Council will consider the effects any development in the vicinity of a heritage
item will have on the significance of that item, or its site or setting.
9.0 BUILDING APPEARANCE, DESIGN AND MATERIALS
Objective:
To ensure a high standard of building design that is sympathetic and complementary

to the existing built form and that will enhance the appearance of the streetscape.
To soften the appearance of building elements which may otherwise detract from a
residential streetscape.
To ensure that new development provides improved internal amenity for occupants of
the dwelling.
Requirements:
9.1 Building Appearance
(a) Building bulk, height, scale, massing, roof form and materials should be sympathetic
to existing built forms and complement rather than detract from existing development.
(b) Building design should be of a high standard of architectural merit and avoid a
monolithic appearance created by large expanses of blank walls through the use of
architectural design features, articulation of the building and fenestration.
(c) The building appearance should preserve the visual amenity and residential quality
surrounding residents enjoy.
(d) Staircases leading to the first floor should be internal.
9.2 Garages
(a) Garage attachments will only be considered where the garage is integrated within the
building and does not have a flat roofed appearance, detract from the streetscape or
create a bulky building.
(b) The streets of Rockdale are characterised by single dwellings on individual blocks of
land. Dwellings address the street and garages are usually located to the rear of the
property and do not detract from the streetscape. In all new dual occupancy
developments garages shall not be a dominant feature of the building facade. These
structures should be subservient in scale to the dwelling, and integrated and
compatible with the overall design of the dwelling in terms of height, form, materials,
detailing and colour.
(c) The total width of all garage doors and any column in between two or more doors
shall not exceed 40% of the width of the building.

(d) Carports and garages detached from the main building which gain access from a rear
or side lane or narrow street are to be setback a minimum of 1.8 metres from that
lane or street.
(e) Landscaping is to be maximised at the property boundary and in between two or

more garages in order to soften the appearance of the blank garage doors and large
expanses of concrete driveways.
9.3 Roof
(a) Roof forms should match those of neighbouring buildings, for example, by using a
pitched tiled roof where these predominate.
(b) As far as practicable, the roof line shall be broken up to reduce the building bulk.
Techniques such as half-hipped gabling, and other features should be employed to
create interest and better design.
(c) Where pitched roofs are used, the roof forms should be pitched at an angle within 5
of the dominant roof pitches within the site's visible locality. Where adjacent roofs are
flat, a varied roof pitch that contributes to the streetscape may be permitted. Flat
roofs will only be permitted where it can be shown they are compatible with the
townscape character of the area.
(d) Where a flat roof is permitted, the use of rooftop areas for recreational purposes is
permissible subject to the following;
(i) internal stair access must be provided to the roof top area from within the
building; and
(ii) the usable area of roof must be set back at least 1500mm from the edge of the
building. Other devices such as privacy screens and planter boxes should be
incorporated in order to protect the visual and acoustic amenity of
neighbouring properties..
9.4 Attics
(a) The use of attics is intended to provide some flexibility in the design and location of
floor space within a building but is not intended to be an additional storey.
(b) Attic floorspace may be used when it is contained wholly within the roof pitch, and
will not be counted as a storey provided that the attic space is part of the of the
dwelling unit immediately below and is incapable of being used as a separate
dwelling unit.
(c) Attics may be used as habitable areas .provided that windows are limited to small
dormer windows.
(d) The use of attics must not create adverse impacts on the privacy of occupants of
adjoining properties.
(e) The roof pitch should be within 5 degrees of the predominant roof pitch in the locality.
(f) No part of an attic shall be enclosed by vertical external walls such as gable ends.
The roof space is to be formed by a series of single angled roof planes reaching an
apex or ridge. The roof planes must transect the ceiling of the floor below.
(g) Mansard roofs are prohibited.

9.5 Ceiling Heights
(a) Ceiling heights for all habitable areas shall be a minimum of 3 metres as measured
vertically from finished floor level to the underside of the ceiling.
(b) Ceiling heights for all non-habitable areas shall be a minimum of 2.7m as measured
vertically from finished floor level to the underside of the ceiling.
9.6 Building height and mass
(a) Building heights should be sympathetic to the natural landform and topographical
features of the site and to existing buildings in the immediate vicinity.
(b) To integrate the proposed development into the existing streetscape, the building bulk
should be reduced by progressively increasing setbacks with increase in building
height to provide a gradual change in scale.
9.7 Natural landform and topography
(a) Buildings should not dominate nor detract from the natural landform. The siting of
buildings should relate to the site's natural context and topographical features.
(b) Where steep or sloping sites exist, the building should not protrude from the
landscape but should be staggered or stepped into the natural slope of the land.
(c) Developments should avoid the unnecessary use of cut and fill by designing and
siting buildings within the natural slope of the land. If cut and fill is required for
drainage or other purposes, Council will consider its effect on the streetscape and
adjoining properties.
(d) All development must comply with the requirements of clause 21 of Rockdale Local
Environmental Plan 2000 regarding land filling and excavation.
9.8 External materials and colour
(a) External building materials and their colour should be compatible with the character of
the locality. For example, use bricks and tiled roofs where these predominate.
9.9 Building facades
(a) A new development, when viewed from the street, should be compatible with the
character of buildings in the site's visible locality by using similar shaped windows,
doors and similar building materials.
9.10 Internal design
(a) Dwelling entrances should create a sense of individuality and act as a transitional
space between communal and private areas.
(b) Dwelling construction should minimise noise penetration between dwellings
(c) Living areas should be spacious and connect to private outdoor areas.

(d) Living areas and bedrooms should be adequate in dimensions to accommodate their
proposed use.
(e) Entries, doors and passageways should be wide enough to allow furniture movement
and wheelchair access.
9.11 Alterations and additions
(a) Alterations and additions to existing dwellings should have regard to and not detract
from the architectural form and style of the original dwelling and adjoining buildings.
(b) New roof lines and materials should match the existing building to ensure the
additions/alterations are integrated with the overall appearance of the building and
streetscape.
(c) Skillion roofs will not be permitted on extensions, which are erected to convert an
existing building into a dual occupancy.
9.12 Granny flat
New buildings to be erected in accordance with clause 4.1.1 of this plan:
(a) Shall not be pre-fabricated buildings.
(b) Are not to be visually impactive when viewed from adjoining properties.
(c) The materials are to be complementary to the existing building and those in the
locality
Large, flat graded pad contrasts with natural terrain, creating unnecessary visual bulk and
maximising impacts on native trees and vegetation.

Gable roof alignment fights the slope and accentuates height when viewed from below.
Hip roofs or other roofs sloped with angle of terrain improve integration into hillside. This softens the
visual effect and reduces apparent height when viewed from below.

10.0 BUILDING HEIGHT
Objectives:
To ensure that new development is in character with and sympathetic to the scale of
adjacent residential buildings and the surrounding streetscape.
To ensure development has minimal impact on neighbouring properties in terms of

building dominance, overshadowing, privacy and views.
To minimise the impact of dual occupancy housing in areas where there is substantial
detached housing.
To provide a minimum level of protection to buildings from local stormwater flows
Requirements:
(a) The maximum height of any dual occupancy shall be 7.8m as measured from the
natural ground level to the underside of the higher most ceiling of the building (not
including any ceilings used in attic formation.
(b) The rear most dwelling in attached and detached dual occupancies shall not exceed
1 storey nor exceed 3.6 metres in height. The rearmost dwelling is the dwelling
located in or closest to the land occupied by the backyard of the previous
development.
(c) Rear dwelling on corner lots or on lots abutting a lane or narrow street may only be
one storey in height.
(d) Notwithstanding any other provision of this plan, dual occupancy development on a
battle-axe block shall be restricted to single storey only.
(e) Where both dwellings front the street the height may be two storeys, however, the
building bulk, mass and height should be broken up by increasing the setback of the
second storey.
(f) Attic floor space may be used when it is contained wholly within the roof pitch, and
will not be counted as a storey provided that the attic space is part of the dwelling unit
immediately below and is incapable of being used as a separate dwelling unit. See
also clause 9.4 in relation to the design of attics.
(g) Where overshadowing of open space or other dwellings occurs, a reduced height and
increased setback will reduce the extent of the overshadowing.
(h) Building height should relate to the topographical features of the site. Buildings
should complement the natural landscape and not protrude from the site, adversely
affecting the streetscape. On steep or sloping sites, staggered, split level or stepped
development will be more appropriate.
(i) Council discourages the use of flat roofs in streets that demonstrate a strong and
consistent theme or style incorporating pitched roofs.
Note: The maximum height of 7.8 metres allows ample tolerance for architects to design
buildings and maximise residential amenity. However, it is imperative that the design of new
buildings and additions to existing buildings respect the amenity of neighbours and
streetscapes. In considering the height of a building, the development must have regard for
the objectives and provisions of clause 7 Streetscape, clause 9 Building Appearance, Design
and Materials and clause 12 Overshadowing of this plan.

Attics:: The roof space is formed by a series of single angled roof planes reaching an apex.
The roof planes must transect the ceiling below.
To minimise the impact of dual occupancy development, the rear dwelling shall not exceed 1 storey in
height.
11.0 BUILDING SETBACKS
Objectives:
To retain and complement the residential streetscape.
To permit flexibility in the siting of buildings, and encourage attractive site layouts and
building design.
To minimise overshadowing and overlooking of adjoining properties.
To encourage the staggering of buildings to avoid large blank expanses of wall

space.
To ensure the siting of buildings provides spatial separation of buildings.
To provide visual and acoustic privacy for existing and new residents.
To provide adequate solar access, light and air to the proposed and adjoining
building.
to ensure that the building is not overbearing upon adjoining properties.

To ensure a high standard of appearance and to encourage architectural relief to
Dual Occupancies when viewed from the street.
To provide an area of useable open space at the rear of dwellings.
Requirements:
11.1 Front Setback
(a) A minimum front building line of 6m is required to all new single storey dwellings, and
the single storey portion of a two storey dwelling. A minimum front building line of
7.5m is required for the upper level of all new two storey dwellings. However, Council
may waive this requirement where it can be shown a dominant setback exists in the
surrounding buildings, which will allow for a satisfactory level of separation between
the building and street, adequate landscaped area, adequate pedestrian and
vehicular access, and where this will contribute to the streetscape in a positive
manner. In any case, the front building line should not be deeper than 1m from the
dominant building line that exists in the surrounding buildings.
The maximum 9m building line for basement garages should also be observed [see
also clause 15.1(n)].
(b) Buildings located at the front of the site should resemble single dwellings in setback,
orientation and location of doors, windows and verandas.
(c) Supported porches or roofed over balconies that are not enclosed and provide
appropriate architectural benefit to the building, including bay windows and other
design features, may encroach on these front setbacks where they do not detract
from the streetscape.
(e) Private open space is not permitted between the front building line and the front
property boundary.
(f) A roofed first floor balcony may encroach into the front building line a maximum of
1500 mm and shall not project past the ground floor.
11.2 Side and Rear Setbacks
(a) Single storey buildings shall be setback a minimum of 900mm from the side and 3m
from the rear boundaries.
(b) The second storey of a two storey buildings shall be set back a minimum of 1200mm
from the side boundary and 6m from the rear boundary.
(c) Where the average width of the site at the position where a dwelling is to be located
is greater than 18.29m the side setback shall be 1500mm.
11.3 Garage and Carport Setbacks
(a) Carports and garages will not be permitted to encroach upon the front setback for
new developments, however single carports may be located forward of the front
building line only where an existing building prevents otherwise.
(b) Required car parking spaces, whether open or enclosed, are to be located behind the
front building line. This does not apply to approved stacked parking spaces located
on the main driveway.

(c) Garages are not permitted between the front building line and the front property
boundary and may not protrude forward of the main body of the building by more than
1500mm.
11.4 Separation between detached dwellings
(a) A minimum separation distance between detached dwellings of 9 metres applies to all
detached dual occupancy development other than those on corner lots where the
amenity of the occupants of the development and those of adjoining properties can
be maintained. This separation area may contain parking areas in the form of open
car spaces or carports, or private open space as required, and should be highly
landscaped to retain privacy between dwellings.
11.5 Setbacks on corner lots
(a) On corner allotments, one dwelling must address each street.
(b) The dwelling on corner lots furthest from the junction of the two streets shall be single
storey.
(c) The setback of the dwelling furthest from the junction of the two streets facing the
side street or side lane shall be a minimum of 4.5 metres.
(d) Private open space is to be located behind or to the side of a dwelling.
11.6 Lots abutting a lane or narrow street
(a) Notwithstanding clause 11.5 above, where a lot abuts a laneway or narrow street, the
rearmost dwelling shall face and address that lane or narrow street as if it were a
single dwelling-house and shall be setback 6m.
(b) The rear dwelling shall be only single storey.
(c) A 0.9 metre wide right-of-way along this laneway frontage is to be created to provide
separate pedestrian access, clear of vehicular traffic.
(d) Dual occupancies which front a laneway or narrow street are to provide an additional
car space to that required under clause 15.1(b).
Note 1: Properties that are affected by a road reservation should take their setback
measurement from the boundary point left over after the reservation area has been removed.
The site area and density calculations, however, do include the gross site area including the
area reserved for roads.
Note 2: In considering the height of a building, the development must have regard for the
objectives and provisions of clause 9 Building Appearance, Design and Materials and clause
12 Overshadowing of this plan.

12.0 OVERSHADOWING
Objectives:
To maximise access of sunlight to the living areas and private open space of the
dwelling.
Minimise external impacts of a development, such as overshadowing of adjoining

sites.
Requirements:
(a) Buildings should be sited to avoid overshadowing on adjoining properties by

increasing setbacks, staggering of design, variations in roof form and/or reducing
building bulk and height.
(b) Building bulk and height on, or near boundaries should be reduced to avoid
overshadowing of neighbouring properties.
(c) Solar access should be retained in all proposed and surrounding residential private
open spaces and windows with the exception of bedroom, kitchen and utility room
windows for a minimum period of 3 hours between the hours of 9am and 3pm.
(d) Shadow diagrams are to be prepared by a competent person and are to be submitted
with the development application for any two storey building. Shadow diagrams
should provide information relating to the effect of the proposed development at 9am,
12 noon and 3pm on 22 June (mid-winter), 22 December (mid-summer) and 21/22
March/September (equinox).
(e) Shadow diagrams are to show that a minimum period of 3 hours is achieved where
the proposal does not cast a shadow on the windows serving habitable rooms in
adjoining dwellings, with the exception of bedroom, kitchen and utility room windows.
NOTE: For habitable rooms in adjoining dwellings where the above requirements can not be
achieved, Council will take into account alternative sources of natural light which may
serve those areas such as skylights, solar tubes and light spill from adjoining rooms
and/or secondary windows.
The effect of overshadowing can be reduced by increasing and staggering

building setbacks, articulating the roof pitch and reducing building height.

13.0 LANDSCAPING AND OPEN SPACE
Objectives:
To ensure the development site is appropriately landscaped using 'soft landscaping'

treatments to soften the appearance of the buildings and complement the
streetscape.
To provide adequate and usable private open space.
To ensure open space areas are located with a northerly aspect to receive adequate
solar access.
To add value to residents value of life within the development in the forms of privacy,
outlook and views.
To ensure private open space is clearly defined, usable and meets user requirements
for privacy, solar access, outdoor activities, accessibility and landscaping.
Requirements:
13.1 Landscaping
(a) Landscaped area - a minimum of 40% of the site area.
(b) Natural/soft landscaping - a minimum of 35% of the site area.
(c) Landscaping is to be maximised at the property boundary, in between two or more

garages and in front of blank walls in order to soften the appearance of blank garage
doors, walls and large expanses of concrete driveways.
(d) In order to soften the appearance and integrate the development into the streetscape,
key features of the landscaped area(s) visible from the street shall be super
advanced. In particular, this shall include key features of the landscaping located in
the front building line or landscaped strip located along the side of the driveway.
(e) Where landscaping is used to create privacy or as a buffer between areas of separate
occupancy, super advanced landscaping shall be used.
(f) At full maturity, all landscaping shall be in scale with the height and bulk of the
development.
(g) In locations where super advanced landscaping is provided, the species shall not be
slow growing and shall be planted in mulch beds to promote growth.
(h) Applicants are to submit a detailed landscaping plan at the time of lodgement of the
development application. The landscape plan is to be prepared in accordance with
Rockdale City Council's current Landscape Code.
(i) Major existing trees and existing landscape elements such as rock formations should
be retained where practical through appropriate siting of buildings.
(j) Landscape treatment should be in keeping with existing vegetation to enhance the
streetscape value.
(k) Landscaping should be used to increase privacy between dwellings through

screening.
(l) Trees should provide shaded areas in summer, especially to west facing windows
and open car parking areas.

13.2 Private Open Space
(a) Private open space should be clearly defined for private use.
(b) Private open space should be orientated to maximise natural features of the site and
solar access.
(c) Private open space areas should be an extension of indoor living areas.
(d) Private open space should take account of the visual and acoustic privacy for its
occupants and neighbours. Developments should ensure that adjoining buildings do
not reduce the usability of the space through overlooking and overshadowing.
(e) An area of private open space, in the form of a yard or courtyard, is to be provided for
each dwelling behind or to the side of a dwelling.
(f) Each dwelling should be provided with a minimum private open space area of:
Gross Floor Area of Private Open

Dwelling Space
< 125m2 60 sq.m.
> 125m2 80 sq.m.
Note: Dwelling size means gross floor area.
(g) All yards or courtyards shall have a minimum width of 3 metres. However, a portion
of the main courtyard, having a minimum area of 40 sq. metres, shall have a
minimum width and depth of 5 metres.
(h) Private open space excludes any areas below 3m in width and any balconies.
(i) Granny flats may share private open space, with a minimum area of 80 sq. m., with
the existing dwelling.
(j) Pergolas/vergolas and awnings not exceeding 20m2, are permitted in the private
courtyard areas but may not be enclosed at any time. Notwithstanding this provision,
a pergola may be complying development if it is open and unroofed and 20 sq.m.
max. or 10% of the courtyard, which is less AND may be exempt development if it is
open and 20 sq.m. or 5% of the courtyard, whichever is less.
Private open space fulfils a number of functions

To maximise the usability of private open space
it should be an extension of indoor living areas

14.0 VISUAL AND ACOUSTIC PRIVACY
14.1 Visual Privacy
Objectives:
To ensure that buildings are designed to minimise the overlooking of adjoining

properties and to ensure that proposed adjoining properties will have a reasonable
level of privacy.
To ensure that consideration is given to the location and design of buildings and
private recreation areas to minimise noise intrusion on the amenity of adjoining
properties.
To minimise, wherever possible, the obstruction of views from adjoining properties.
Requirements:
(a) Upper level balconies and rooftop recreation facilities that face toward the rear or side
boundaries of the allotment are not permitted unless the applicant can show that the
location and use of the balcony, its relationship to adjoining properties and particular
design features including recessing, screening or landscaping will be consistent with
the objectives of this Clause.
(b) The location of driveways, open space and recreation areas and ancillary facilities
external to the dwelling should be carefully planned to ensure minimal noise impact
on adjoining residential properties, and particularly to the bedrooms and quiet living
spaces of the adjoining properties.
(c) The use of roof top areas for recreational use (rooftop recreational facilities) is
permissible subject to the following;
(i) internal stair access must be provided to the roof top area from within the
building and;
(ii) the usable area of roof must be set back at least 1500mm from the edge of the
building. Other devices such as privacy screens and planter boxes should be
incorporated in order to protect the visual and acoustic amenity of neighbouring
properties.
(d) Building siting, window location, balconies, rooftop recreation facilities and fencing
should take account of the importance of the privacy of on site and adjoining
buildings and outdoor spaces.
(e) Dwelling entrances and windows to rooms with a high usage such as living rooms,
should be located so they do not overlook such windows in adjoining properties or
areas of private open space.
(f) Balconies should be located so they do not overlook an adjoining property's open
space or windows.
(g) Balconies are to have a maximum projection of 2500mm and may have an
unsupported overhang of 1000mm
(h) Screening, by the use of landscaping or other devices such as additional rear or side
boundary fencing and opaque or frosted glass in windows, may be utilised to
maintain visual privacy between on site and adjoining dwellings.

(i) Landscape treatment and other devices should be used to increase visual privacy
between dwellings and adjoining properties.
Locating windows to limit overlooking
Screening can reduce the need for separation

and improve the level of privacy

14.2 Acoustic Privacy and Noise and Vibration near Railway Lines, Major
Roads and Airports
Objective:
To provide an adequate degree of acoustic privacy for residents.
To ensure appropriate noise and vibration attenuation measures are incorporated into
residential development.
To minimise adverse impacts from noise and vibration from railway lines, major roads
and airports.
Requirements:
(a) Noise attenuation measures should be incorporated into the building design for
attached dwellings as follows: note; this does not apply to detached dual
occupancies;
(i) All attached dual occupancy development is to be insulated to achieve an

Acoustical performance equivalent to a rating of 6 Stars in accordance with the
standards prescribed by the Association of Australian Acoustical Consultants
(AAAC);
(ii) All attached dual occupancy development is to have Impact Isolation between
floors which achieves an Acoustical performance equivalent to a rating of 5 Stars
in accordance with the standards prescribed by the Association of Australian
Acoustical Consultants (AAAC)
Note: - An evaluation report is to be submitted at the Development

Application stage to ensure that the design of the development
achieves the above performance requirements.
- It will be a condition of development consent that an evaluation report be
submitted prior to the release of the Occupation Certificate indicating that
the development achieves the above performance requirements.
- It is not necessary for an Acoustical Consultant to be a member of the
Association of Australian Acoustical Consultants in order to produce and
furnish an evaluation report referred to above. Council will accept a report
produced by any qualified Acoustical Consultant.
(b) Developments in areas adversely impacted upon by rail or traffic related noise and
vibration must incorporate the appropriate noise and vibration mitigation measures
into the design in terms of site layout, the building's materials and design, orientation
of the building(s) and location of sleeping and recreation areas.
(c) Where a development is in an area with an Australian Noise Exposure Index (ANEI)
for aircraft noise exceeding 25, as indicated on the most recent map prepared by the
Airservices Australia or any other map or information available to the Council at the
time, an appropriate standard and type of construction is to be used to ensure that
the development will comply with the Australian Standard 2021 - 2000 Acoustic -
Aircraft Noise Intrusion - Building Siting and Construction, in relation to interior noise
levels. This may require the installation of noise-proofing measures such as double
glazing and insulation.
The applicant is required to engage a suitably qualified Noise Consultant to advise on

appropriate measures to be incorporated in the design of the building so it will meet
this standard. On completion of the building, this Consultant is to certify that the
standard has been met, before Council will permit the building to be occupied.

Note: Applicants are warned that in some areas severely affected by aircraft noise,
the difficulties in satisfying this standard may, in practice, preclude the proposed
development. It is therefore suggested that for areas exceeding ANEF 30,
prospective applicants seek expert advice from a Noise Consultant before committing
themselves financially to their project.
(d) The proposed building(s) must comply with the current Environment Protection
Authority criteria and the current relevant Australian Standards for noise, vibration
and quality assurance.
(e) Details of the mitigation measures must be included with the Development
Application submission.
(f) Any proposed development on a State or Regional Road must comply with clause 18
in Rockdale Local Environmental Plan 2000.
Noise is a key consideration at the site planning and layout stage
A low front fence will block some noise and allow interaction and surveillance

15.0 CAR PARKING AND VEHICULAR ACCOMODATION AND ACCESS
Objectives:
To provide convenient, accessible and safe on site parking for residents.
To minimise vehicular footpath crossings to preserve on-street parking and

landscaped nature strips.
To integrate the location and design of car parking with the design of the site and
building without compromising street character, landscape or pedestrian amenity and
safety.
To ensure that garages are integrated into the design of dwellings.
Requirements:
15.1 Car Spaces
(a) Development for granny flats do not require any additional on-site parking.
(b) Car spaces for dual occupancy development may be provided as garages, carports
or open air spaces and shall be provided at the following rate:
Gross Floor Area

of Dwelling Car Spaces
< 125 m2 1
> 125 m2 2
(c) Having regard to the circumstances of a particular locality such as frontage to a

narrow street or laneway, parking restrictions, clearways or multiple driveways in a
development which reduce the availability of on-street parking in the surrounding
streets, Council may require additional parking spaces to be provided on-site to
compensate for the lack of on-street parking available in the surrounding streets.
(d) The number of additional spaces to be provided is determined by dividing the street
frontage width of the site by 5.5 metres, the length of a car space. This will represent
the number of on-street car parking spaces which are not readily accessible due to
the circumstances of the locality.
(e) Each car space must have minimum dimension of 5.5m x 2.5m. The measurements
are to be clear widths and not obstructed by fences, downpipes, sewer pipes, doors
etc.
(f) Each garage shall have a minimum dimension of 5.5m x 3m. Double garages shall
have minimum dimensions 5.5m x 5.5m or 3m x 11m.
(g) Carports and garages will not be permitted to encroach upon the front setback for
new developments, however single carports may be located forward of the front
building line where an existing building prevents otherwise.
(h) Garages and carports may be built to the side and rear boundary where the wall
contains no windows and does not exceed 6m in length, but should otherwise be
setback 900mm and at all times must comply with the Building Code of Australia.
Note: This clause will not apply where the construction will block overland flow
paths.

(i) The total width of all garage doors and any column in between two or more doors
shall not exceed 40% of the width of the building.
(j) Stacked parking will be permitted provided the gutter crossing is more than 90m from
an intersection with a State or Regional Road, the driveway has a grade of 5% or less
for 5.5m of its length and it will not preclude the exiting of vehicles in a forward
direction if required
(k) On site parking should be located efficiently, safely and accessibly, taking account of
streetscape objectives.
(l) Car parking areas, structures and driveways should not dominate the building facade.
(m) Garages in split level buildings shall not be less than 2.7m in height.
(n) Garages and basements under dwellings;
Consideration will be given to applications which propose to locate garages and

basements under two storey buildings where they do not significantly increase the
overall height of the building or give the building the appearance of being three
stories.
Basements should normally keep within the footprint of the building above.
Exceptions to the setbacks for the purposes of achieving car parking requirements
may be permissible. Construction must be carried out in a way to enable deep soil
planting to be provided to the site.
Note: - A geotechnical report is to be submitted with the development

application for sites located in areas that have a high water table.
- It will be a condition of development consent that a dilapidation report
for neighbouring buildings be submitted with the construction certificate
application.
(o) In considering the appropriateness of garages and basements under buildings, Council
will consider:
(i) The overall height does not exceed the maximum set out in Clause 10.
(ii) The internal height of the garage shall not be less than 2700mm.
(iii) The width of the garage shall not, if located in the front of the building, exceed
the requirements set out in clause 15.1(i).
(iv) Access to the garages does not necessitate a major alteration of the natural
ground level at the front of the allotment.
(v) The remainder of the front yard is to remain at natural ground level and be
landscaped to enhance the front elevation.
(vi) Where the garage area and driveway cannot be adequately drained by
gravitation to Council's street gutter or piped to an easement a sump and
pump system of stormwater disposal will be considered provided such system
is designed by an appropriately qualified person.

15.2 Driveways
(a) The minimum paved driveway width shall be 2.5m with a maximum width of 3m.
Double driveways are to have a maximum width of 6m at the property boundary. Two
single driveways shall be separated by a minimum 6m of kerb to allow for a parking
space in between.
(b) Internal site driveways shall have a maximum grade of 20% with a maximum change
in grade at any point of 12.5% to meet the provisions of Australian Standard AS
2890.1 - 1993 - Parking Facilities - Part 1 - Off Street Car Parking.
(c) Where site or development constraints permit, the driveway shall be constructed in a
strip driveway form with the divided carriageway separated by soft landscaping.
(d) The section of the driveway located between the property boundary and the kerb
shall be fully paved to accommodate vehicles entering and exiting the site.
(e) This area shall not be calculated as part of the landscaped area requirement.
(f) Internal driveways and open car spaces must be constructed in exposed aggregate
concrete, brick paving, grasscrete, faux brick or similar material. The use of natural
concrete will not be permitted.
(g) Driveways which provide access from a State or Regional road and in other street
locations where Council considers it necessary, shall be designed with internal
manoeuvring areas so that vehicles can enter and exit the site in a forward direction.
15.3 Vehicular movement
(a) Driveways, garages and car spaces should be appropriately located for easy
vehicular movement and connection to the street network, and should be located
away from bedrooms to minimise the effects of noise.
(b) Proposals must demonstrate through site layout, design and driveway location that
vehicles are able to enter and leave the site and manoeuvre in and out of garages
and car parking spaces safely and adequately.
(c) Driveways which provide access to a State or Regional road and in other street
locations where Council considers it necessary, shall be designed with internal
manoeuvring areas so that vehicles can enter and exit the site in a forward direction.
(d) Designs should satisfy the 85th percentile Australian Vehicle Sweep Paths.
15.4 Protection of Footpaths
(a) Builders and developers are required to confine access to buildings and demolition
sites to one 3 metre wide driveway (unless specific approval is given for an additional
location) and to provide suitable protection of the footpath prior to demolition of
existing structures and commencement of building operations.
(b) The number of footpath crossings should be minimised and where possible one (1)
3m crossing for both dwelling houses should be used. Where this is not possible, two
(2) footpath crossings of no more than 3m wide, separated by a minimum distance of
6m, will be permitted.
(c) A footpath crossing deposit shall be paid prior to building approval. Any costs of
construction, repairing or replacing of kerbs, roadway, footpaths, footpath crossings,
closing of footpath crossings or other Council charges will be deducted from this
deposit. Additional payments may be required where the deposit does not cover
costs.

(d) Footpaths shall be suitably protected prior to and during demolition/construction and
safe conditions must be maintained to the satisfaction of Council's Environmental
Services Department.
Please Note: Refer to Council's Parking and Loading Code for more detailed requirements.
16.0 ENERGY EFFICIENCY
Objectives:
To facilitate energy and water conservation measures in and around housing which
will assist in the establishment of ecologically sustainable residential environments.
Requirements:
(a) A minimum 3.5 star House Energy Rating, NatHERS or equivalent, is required for all
new dwellings.
(b) Council encourages the incorporation of sustainable building design principles which
can save energy, water and money while creating a more enjoyable and comfortable
home. Energy and water efficiency can be achieved by incorporating the following
principles into the design:
Solar Access: Solar orientation and access plays a significant role in improving
energy efficiency. Living areas (family room, kitchen, lounge and dining areas)
should be oriented to the north for maximum solar access.
Overshadowing of the north facade and external recreation areas of adjoining

buildings between the hours of 9am and 3pm on 22nd June should be minimised.
Building Design:
Windows: Windows are a significant source of heat gain and loss. Windows are to
be located, sized and shaded to facilitate good thermal performance, and where
possible, cross ventilation. Heat loss through windows during winter can be
minimised through glazing in north facing rooms; installing close fitting blinds or thick
floor length drapes with pelmets.
Shading: Summer heat gain through windows should be minimised through using
vertical shading devices such as external blinds or shutters for north, east and west-
facing windows Alternatively these windows can also be shaded by suitably designed
eaves, pergolas or planting which provide access for the winter sun, whilst providing
shade from the summer sun.
Hot Water Systems: A significant part of every homes energy and water costs
come from hot water systems. A hot water system with a minimum 3.5 SEDA
greenhouse score is required. The table below shows typical systems and their
Greenhouse Scores.

Water heater type Greenhouse score
Solar-Gas Boost * Storage 5

Gas Instantaneous 4
Gas-Storage High Efficiency 4
Electric-Storage Heat Pump 4
Gas-Storage Low Efficiency 4
Solar-Electric Continuous 4
Boost *
Solar-Electric Off Peak 2 4
Boost *
Electric Instantaneous 2
Electric Continuous 1
Electric-Storage Storage (Off Peak 1, 1
Off Peak 2)
* greater than 50% solar contribution
Appliances: Install major appliances such as air conditioning units, dishwashers etc.
with a high energy star rating.
Draughtproofing and weathersealing: External doors and windows should be

draught sealed to reduce heat loss.
Insulation: Effective insulation improves energy efficiency and greatly reduces

energy bills. Walls, ceilings and roofs are to be insulated to the recommended R
ratings to provide acceptable thermal conditions. Hot water pipes should also be
insulated
Landscaping: Deciduous trees should be planted on the north side of the home to
allow the entry of sunlight in winter and provide shade in summer. Native species are
also beneficial due to reduced water.
Water Efficiency:
(i) Rainwater is a valuable natural resource that when collected from

roofs can be used in the garden or laundry. The installation of
rainwater tanks for non-potable use is encouraged.
(ii) Dwellings are to be fitted with:

dual-flush toilets
AAA rated shower heads
AAA rated flow regulators for bathroom basins and
kitchen sinks must be installed
Building Materials:
(i) Building materials should be selected on the basis that they:

Increase the energy efficiency of the building;
Minimise the damage to the environment in their
extraction, manufacture, use and disposal
(ii) Avoid the use of imported and Australian rainforest timbers.
(iii) Wherever possible:

use materials manufactured from abundant or renewable
resources
utilise recycled and recyclable materials

use materials which are non-polluting and non-toxic in
their production, use and disposal
use materials which employ environmentally acceptable
production methods
use materials which are durable with low maintenance
requirements
Further advice and information in relation to energy efficient design,

including additional printed guidelines may be sought from Council's
Development Assessment Unit.
Protection of north-facing walls and windows
Pervious areas adjoining paved areas will reduce stormwater run-off

17.0 TREE PRESERVATION
Objectives:
To retain any existing significant vegetation or trees which form part of the
streetscape and natural site elements.
Requirements:
(a) Existing significant trees, particularly those at the front of the site and on the footpath
shall be retained and incorporated within the development wherever possible. Trees
may not be removed unless a Tree Preservation Permit has been issued by Council
(b) Significant trees as per Council's tree preservation order should be retained.
18.0 OUTBUILDINGS
Objectives:
To control the area of outbuildings (including carports) in order to maintain the open
character of Residential areas and to ensure adequate useable areas of open
recreation space around the dwelling house.
Requirements:
(a) Outbuildings will be considered in accordance with the provisions in Councils

Dwelling House DCP No. 56.
(b) Outbuildings may be permitted to be erected in private yards or courtyards providing

40% landscaped site area can be retained, but outbuildings cannot be used for
habitable purposes.
(c) Satellite dishes with a diameter greater than 650mm are required to be located as far
as possible in a position not visible from any public or private property adjacent to the
subject property.
Note: Outbuildings will only be permitted where the courtyard will have the minimum area
required for private courtyards, exclusive of the space occupied by the outbuilding.
19.0 DRAINAGE
Objectives:
To ensure that Dual Occupancy development provides for adequate drainage design
to meet the requirements of Council's Stormwater Design Code.
To minimise the impact of urban runoff resulting from excessive hard paving and the
filling of land above natural ground levels.
To ensure stormwater surface flows are effectively controlled.

Requirements:
(a) Adequate arrangements shall be made for the disposal of roof and surface water
from the site, and shall be disposed of as directed by Council's Works and Services
Department and in accordance with the requirements of Council's Stormwater
Design Code.
(b) Hard paved areas on site should be kept to a minimum. No more than 20% of the
open space and landscaped area of the site may be provided as hard paved
surfaces
(c) The filling of land by more than 100mm above natural ground level outside the
building envelope may require the specific Development Consent of Council. Plans
shall make specific reference to existing and proposed site levels.
(d) Where any land will be disturbed by the development, an erosion and sediment
control plan must be submitted and approved prior to any work commencing.
(e) Garages shall have a minimum longitudinal fall of 1% and a maximum longitudinal
fall of 4% from rear to front.
(f) Driveways must have a minimum surface fall of 1% in the longitudinal and/or
transverse directions.
(g) High Level Driveways

High level driveways are those where the garage is higher than the street level.
Where the driveway falls to the street and the total of the driveway area and the area
draining to the driveway exceeds 40 m2 a trench drain is to be provided at the
boundary. This trench drain must be a minimum of 200 mm wide and 200 mm deep
with a minimum 1% longitudinal fall connected to: the site drainage, or an absorption
system depending on site conditions.
(h) Low Level Driveways

Low level driveways are those where the garage is lower than the street level.
Where the driveway falls to the garage a grated trench drain is to be provided at the
bottom of the driveway. This trench drain must be a minimum of 300 mm wide and
200 mm deep with a minimum 1% longitudinal fall connected to: the site drainage, or
a sump and pump, or an absorption system depending on site conditions.
The trench grate should preferably be located at least 500 mm out from the lip of the
garage slab and at least 30 mm lower. Sometimes in order to achieve the standard
gradients and transitions in Councils driveway profile this is difficult to achieve and if
so the trench grate may be located adjacent to the slab edge with a 30 mm step up
to the garage floor. In either case the driveway profile must be checked to ensure
compliance with that required in AS2890 for the 85th percentile vehicle with at least
20 mm clearance.
For low level garages where the site conditions permit it, the design must provide for
paving to convey water in excess of the capacity of the trench drain around the site
of the premises and safely convey it to the rear yard by surface flow down the side
passageway. The flow width must be a least 600 mm wide.
In certain situations a hump may be required in the driveway and frontage to prevent
street flows entering into the property. For excavated basements with no gravity
drainage, the driveway must be designed to prevent overflows from the street
entering the basement in a 1 in 100 year storm.

20.0 FENCES
Objectives:
To control the height and design of fences to ensure that they make a positive
contribution to the streetscape.
Requirements:
(a) Front fences where provided are to be restricted to a maximum height 1m above
footpath level.
(b) Open form front fences to a maximum height of 1.8 metres will be considered, such
consideration will have regard to the presentation and design of the fence and the
circumstances of the case. The solid portion in open form fences higher than 1m is to
be no greater than 600mm.
(c) Gates at vehicular entrances adjacent to fences on any boundary, which are higher
than 1.2m and limit sight distance, are to be setback a minimum of 900mm from the
boundary. The fence is then to be splayed at 45 degrees between the gate and the
boundary.
(d) Side and rear fences are to have a height of 1.8 metres above finished ground level
so as to provide screening of clothes hoists and private open space.
(e) Side fences between the street alignment and the front wall of the building may be
1800mm high if they are of open form design.
(f) The supply or renewal of dividing fences in conjunction with the development is to be
the full responsibility of the developer.
Higher front fences shall be partially transparent
21.0 GENERAL REQUIREMENTS
21.1 Compliance with Building Code of Australia
Requirements:
(a) Dual occupancy housing must comply with the Building Code of Australia, wherever
applicable. However, where the requirements of this plan surpass the requirements
of the Building Code of Australia, this plan shall take precedence.

21.2 Internal Requirements
(a) STUDIO & ONE BEDROOM DWELLING UNITS:- shall have
(i) a minimum floor area of 75 square metres;
(ii) a bedroom with a minimum floor area of 13 square metres;
(iii) a living room with a minimum floor area of 14 square metres; and
(iv) a kitchen.
TWO BEDROOM DWELLING UNITS:- shall have
(ii) one bedroom with a minimum floor area of 13 square metres;
(iii) the second and other bedrooms with a minimum floor area of 11square
metres;
(iv) a living room with a minimum floor area of 14 square metres; and
(v) a kitchen.
THREE OR MORE BEDROOM DWELLING UNITS:- shall have

(ii) one bedroom with a minimum floor area of 13 square metres
(iii) the second and other bedrooms with a minimum floor area of 11 square
metres;
(iv) a living room with a minimum floor area of 14 square metres;
(v) a kitchen.
Note 1: In addition to the requirements set out above, each dwelling unit will be
required to be provided with a bathroom with a minimum area of 4.5 sq.m. . All toilets
must have an airlock. (See note below regarding laundries.)
Note 2: Where more than one bedroom is provided in a dwelling unit each bedroom
shall be separately accessible.
(b) Where a two storey dual occupancy is proposed, access stairs shall be contained within the
main walls. Council may however permit the erection of external stairs where, in its opinion,
such stairs enhance the external appearance of the building, or where special circumstances
exist, and where such external stairs do not infringe upon the privacy of the adjoining
building. External stairs are not to encroach upon the minimum front, side or rear building
lines.
(c) A common laundry may be provided only where external access for the occupants of each
dwelling is possible. Where external access is not possible, separate laundry facilities are to
be provided within each dwelling. Clothes lines shall be provided at the rate of 7.5 metres
per dwelling unit.
(d) The minimum floor to ceiling height in all habitable rooms is to be 2.4m in accordance with the
Building Code of Australia.

21.3 Access to dwellings
Requirements:
(a) Separate external access shall be provided to each dwelling.
Dwelling entry designed for individual identity and security
21.4 Floor Levels
Requirements:
(a) The minimum height of the finished floor level of habitable rooms shall be 200mm
above finished outside surface levels. The floor levels of garages, non-habitable
rooms and outbuildings shall be a minimum of 100mm above finished ground levels
except at driveway entry.
(b) The ground floor level of all dual occupancy development shall be a maximum
400mm above the natural ground level at the point where the floor level is closest to
the natural ground level around the perimeter of the building and shall elsewhere be
kept as close to the minimum as possible except in areas subject to flooding or
overland flows. The ground floor level can be increased to 450mm where the floor is
of timber construction in order to provide minimum subfloor clearance.
(c) At all other points, the height of the ground floor level shall not exceed 1000mm
above natural ground levels. Buildings on steep allotments will need to be stepped to
comply with this requirement.
(d) The provisions of (b) and (c) above do not apply to developments with basement car
parking. The ground floor level of these developments will be assessed on their
merits.

Maximum and minimum permissible floor levels.
21.5 Laundries
Requirements:
(a) Each dwelling shall be provided with individual or shared laundry facilities located
within or attached to the dwelling unit. Laundries located in garages must be
separated by a brick wall from the garage.
(b) Where the laundry has a common wall with an adjoining dwelling, all fittings are to be
located adjacent to the dwelling to which the laundry relates.
21.6 Storage
Requirements:
(a) All dwellings are to have an area of storage with minimum dimensions of 2 metres in
width, 2 metres in depth and 3 metres in height (2 x 2 x 3) provided within the
dwelling. The storage area must be exclusive of cupboards, wardrobes and services
and cannot be located in the garage or basement garage.
21.7 Waste and Recycling Facilities
Requirements:
(a) The requirements of Council's Construction Site Waste Management and

Minimisation Plan Development Control Plan No. 53 shall be incorporated in the
development.

Garbage collection areas should be integrated with building and landscaped areas
21.8 Clothes Hoists/Lines
Requirements:
(a) Each dwelling must be provided with a separate clothes line with a minimum length of
7.5 metres; this shall be provided by the developer, be located within the courtyard
area of each dwelling and shall be screened from public view.
Granny flats may share clothes drying facilities with the existing dwelling.
21.9 Required Mechanical Ventilation
Requirements:
(a) An exhaust fan with a minimum capacity of fifteen (15) air changes per hour is to be
provided to each internal laundry and bathroom regardless of the provision of natural
ventilation.
Note: Exhaust fan must be wired to the light switch and must only operate in
conjunction with the electrical light.
22.0 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN
Crime prevention through environmental design is a crime prevention philosophy

based on the concept that the proper design and effective use of the built
environment can lead to a reduction in the fear and incidence of crime within the
community, as well as an improvement in the quality of life of its citizens
Requirements:
(a) When designing dual occupancy developments and granny flat developments regard
should be given to the objectives and accompanying design suggestions contained in
Development Control Plan No 67 Crime Prevention Through Environmental Design.

23.0 SECTION 94 DEVELOPER CONTRIBUTIONS
Requirements:
(a) Under Section 94 of the Environmental Planning and Assessment Act, 1979, Council
requires developer contributions for open space, community facilities, libraries,
pollution control devices and any item as determined by Council. These are to be
paid prior to the release of approved building plans.
(b) Notwithstanding any other provision of this plan, Granny Flat development is not
required to pay contribution under Section 94.
___________________________________


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Development Control Plan No.

DUAL OCCUPANCY AND GRANNY FLAT DEVELOPMENT

Statement of Ethics .................................................................... 5

2 General objectives of the Plan ................................................... 7

4 Development sites for dual occupancy housing....................... 11

6 Site Planning ............................................................................... 16

8 Heritage Conservation ................................................................ 19

9 Building Appearance, Design and Materials ............................. 20

11 Building Setbacks ....................................................................... 26

13 Landscaping and open space .................................................... 30

14 Visual and Acoustic Privacy....................................................... 32

15 Car Parking and Vehicular Accommodation and Access......... 36

16 Energy Efficiency ........................................................................ 39

17 Tree Preservation ....................................................................... 42

21 General Requirements ................................................................ 44

22 Crime Prevention Through Environmental Design .... 48

23 Section 94 developer contributions ....... 49

Page 5 Development Control Plan No. 39

1.2 Application of this Plan

a dual occupancy; and

1.4 Commencement of the Plan

1.5 Relationship to other planning instruments

1.6 Relationship to other Development Control Plans and Legislation

Page 6 Development Control Plan No. 39

2.0 GENERAL OBJECTIVES OF THE PLAN

To encourage development of a high standard of architectural merit and design.

To encourage architectural and design innovation by providing both prescriptive

To integrate new development into established areas by maintaining streetscape and

To provide a range of housing types.

Page 7 Development Control Plan No. 39

(a) not more than 1 metre above natural ground level, or

Page 8 Development Control Plan No. 39

"Dwelling" means a room or number of rooms occupied or used or so constructed or

(d) space for the loading and unloading of goods,

(g) rooftop recreation facilities, and

(h) penthouses on residential flat buildings and mixed use premises.

Page 9 Development Control Plan No. 39

(b) rooftop recreation facilities, or

"Streetscape" encompasses both public and communal streetscapes, and includes

Page 10 Development Control Plan No. 39

4.1 Minimum allotment size

To ensure that regard can be given to the achievement of ecologically sustainable

4.1.1 Granny Flat

4.1.2 Attached Dual Occupancy

Page 11 Development Control Plan No. 39

4.1.3 Detached Dual Occupancy

(ii) the erection of two (2) new separate dwelling houses.

4.2 Floor space ratio

(a) A maximum floor space ratio of 0.5:1.

4.3 Subdivision for dual occupancy

Page 12 Development Control Plan No. 39

(i) Development of lots created as a result of a subdivision of a dual occupancy

5.0 SITE ANALYSIS

To ensure new development results in a design which is sensitive to its environment

The following information, where appropriate, is to be shown in a site analysis.

site dimensions and site area;

Page 13 Development Control Plan No. 39

Page 14 Development Control Plan No. 39

Page 15 Development Control Plan No. 39

To ensure development reflects the character of the locality and environment.

To ensure the development takes advantage of the site's capability, topography,

To ensure reasonable privacy and security.

To make use of sunlight and outdoor space.

To develop sites with environmental sensitivity.