What DualOcc actually means
“DualOcc”, “dual occ” and “dual occupancy development” are the words builders, buyers' agents and marketers use. None of them is a legal term. The legal term is dual occupancy, and it is defined in the dictionary of every NSW local environmental plan, including the Wollongong Local Environmental Plan 2009:
Wollongong LEP 2009, Dictionary
dual occupancy means a dual occupancy (attached) or a dual occupancy (detached).
dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling.
dual occupancy (detached) means 2 detached dwellings on one lot of land, but does not include a secondary dwelling.
secondary dwelling means a self-contained dwelling that (a) is established in conjunction with another dwelling (the principal dwelling), and (b) is on the same lot of land as the principal dwelling, and (c) is located within, or is attached to, or is separate from, the principal dwelling.
Three things in that wording do all the work. It is two dwellings — not two houses on two lots, and not one house with a granny flat. It is one lot — which is why title becomes the central question later. And it excludes a secondary dwelling — which is the distinction most people get wrong.
In the Wollongong LEP's land use tables the entry is written in the plural, “Dual occupancies”, and that single entry captures both the attached and the detached form. If a marketing page says “DualOcc” without saying which form, ask — because the two have different subdivision outcomes and different design constraints.
The four things people confuse
These are different products with different rules. Mixing them up is how people buy a lot for a plan they cannot build.
| Type | What it is | Can it become two titles? |
|---|---|---|
| Dwelling house | One dwelling on one lot. | Not applicable. |
| Dual occupancy (attached) | Two dwellings on one lot attached to each other, sharing a common wall. What most people mean by a duplex. | Yes. Strata subdivision can itself be complying development where the dual occupancy was approved under the Low Rise Housing Diversity Code. Torrens subdivision is available only where no part of a dwelling is above any part of another. |
| Dual occupancy (detached) | Two separate dwellings on one lot, usually one behind the other. Under the code the two buildings must be at least 3 m apart. | Yes, on the same basis — and again, torrens subdivision requires that no dwelling sits above another. |
| Secondary dwelling (granny flat) | A self-contained dwelling established in conjunction with a principal dwelling, on the same lot. | No. Under SEPP (Housing) 2021 s 51, consent must not be granted for the subdivision of a lot on which a secondary dwelling has been carried out under that Part. Wollongong LEP cl 2.6(2) is to the same effect. |
| Multi dwelling housing (terraces) and manor houses | Different building types with their own standards. Under SEPP (Housing) 2021 s 172, terraces need a 500 m² lot and 18 m width at FSR 0.7:1 and 9.5 m height; multi dwelling housing 600 m² and 12 m. | Yes, subject to the relevant code and standards. |
The practical consequence: a secondary dwelling is cheaper and faster but it can never be sold separately, while a dual occupancy costs more and can. If your plan depends on selling one half, or on borrowing against two titles, a granny flat does not deliver it.
One more wrinkle on the granny flat, because it trips people up. In Wollongong's land use tables, “Secondary dwellings” appears only in Zones RU2 Rural Landscape, RU4 Primary Production Small Lots, C3 Environmental Management and C4 Environmental Living — not in the residential zones. A granny flat in R1, R2 or R3 is permissible because s 50 of SEPP (Housing) 2021 applies the secondary dwelling provisions to land in a residential zone wherever development for a dwelling house is permissible under another instrument. Wollongong then caps it locally: cl 5.4(9) limits the floor area, excluding parking, to the greater of 60 m² or 67% of the principal dwelling's floor area. So the permission comes from the State and the size limit comes from the local plan — and neither comes from the land use table.
Attached or detached — why the difference matters
Attached means the two dwellings share a common wall. Under the Low Rise Housing Diversity Code an attached dual occupancy must share a common wall, and each dwelling including its parking space needs a minimum width of 6.5 m where parking is accessed from a primary road, or 5 m otherwise. That shared wall is not just a party wall in the conveyancing sense — it carries fire and acoustic performance requirements your designer and certifier resolve under the National Construction Code, and it is one of the reasons an attached dual occupancy is usually the cheaper of the two to build.
Detached means two separate buildings on one lot. The code requires them to be at least 3 m apart, and it requires each dwelling to face a public road, with no dwelling behind another except on a corner or parallel-road lot. That last rule is the one that quietly kills a lot of “one behind the other” ideas: on a standard lot with a single frontage, a detached dual occupancy side by side is generally what the code is describing, not one at the front and one at the back.
Where part of one dwelling sits above part of the other, a separate division of the code applies with tighter numbers: lot area at least the greater of 400 m² or the local minimum, lot width at least 15 m, height no more than 8.5 m, and maximum gross floor area of 25% of the lot area plus 150 m², capped at 400 m².
Where a dual occupancy is permitted in Wollongong
Zone first, everything else second. In the Wollongong Local Environmental Plan 2009 land use tables, “Dual occupancies” is listed as permitted with consent in:
- Zone R1 General Residential
- Zone R2 Low Density Residential
- Zone R3 Medium Density Residential
It is not listed in Zone R4 High Density Residential, Zone R5 Large Lot Residential, or Zone C4 Environmental Living. That last one catches people out: an environmental living block on the escarpment foothills can feel residential and still not carry dual occupancy as a permissible use in the local plan.
There is a second, State-wide source of permission. Chapter 6 of the State Environmental Planning Policy (Housing) 2021, “Low and mid rise housing”, provides at s 166 that dual occupancies and semi-detached dwellings are permitted with consent in Zone R2 on land to which the chapter applies. That chapter applies across NSW except on bush fire prone land, coastal vulnerability and coastal wetlands and littoral rainforest areas, heritage item land, certain flood-prone land, land within 200 m of a relevant pipeline, and in four named local government areas — Bathurst Regional, Blue Mountains, Hawkesbury and Wollondilly. Wollongong is not one of the excluded LGAs, but the bushfire and coastal exclusions matter a great deal here, and they apply lot by lot.
Where the numbers come from — and which ones win
Within a “low and mid rise housing area” (land within 800 metres walking distance of a town centre on the Town Centres Map, or of a public entrance to a listed rail, metro or light rail station), s 168 of that SEPP sets non-discretionary standards for a dual occupancy in R1, R2, R3 or R4: minimum lot size 450 m², minimum lot width at the front building line 12 m, at least one car space per dwelling, maximum FSR 0.65:1 and maximum height 9.5 m. Non-discretionary means the consent authority cannot refuse for a reason those standards already answer, and it also means a more onerous council DCP standard does not get to override them. Knowing whether your lot is inside that 800 m area changes the whole feasibility exercise, so it is one of the first things I check.
Two approval pathways
Once the zone allows it, there are two routes to consent, and they have different numbers.
1. Complying development — the Low Rise Housing Diversity Code
Part 3B of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 allows “the erection or alteration of, or addition to — any 1 or 2 storey dual occupancy”, and separately “the conversion of an existing dwelling to a dual occupancy”, as complying development. A certificate is issued by a registered certifier rather than determined by council, which is usually faster and gives you a known standard instead of a discretionary judgement. The core standards:
| Standard | Requirement | Clause |
|---|---|---|
| Zone | RU5, R1, R2 or R3, with lawful access to a public road at completion | 3B.1(3) |
| Storeys | Maximum 2 storeys; a basement counts only if it contains habitable rooms | 3B.1(2) |
| Minimum lot area | The greater of 400 m² or the minimum lot area specified for dual occupancies in the environmental planning instrument applying to the land | 3B.8(1) |
| Minimum lot width | 15 m at the building line, or 12 m if the car space is accessed only from a secondary road, parallel road or lane | 3B.8(2) |
| Maximum height | 8.5 m above existing ground level | 3B.9 |
| Maximum gross floor area | Lot 400–2,000 m²: 25% of the lot area plus 300 m². Lot over 2,000 m²: 800 m² | 3B.10 |
| Setbacks | Primary road: the average of the two nearest dwelling houses or dual occupancies within 40 m on the same side, with fallbacks of 4.5 m, 6.5 m or 10 m by lot area. Side and rear setbacks are set by lot width, lot area and building height | 3B.11 |
| Layout | Each dwelling must face a public road; no dwelling behind another except on a corner or parallel-road lot; detached buildings at least 3 m apart; an attached dual occupancy must share a common wall | 3B.13 |
| Landscaped area | 50% of the parent lot area minus 100 m², with at least 25% of the area forward of the building line landscaped and at least 50% of the required landscaped area behind it | 3B.15 |
| Private open space | Principal private open space at least 16 m² and at least 3 m wide for each dwelling | 3B.15 |
| Parking | At least one off-street space per dwelling; no visitor parking requirement. If the lot is narrower than 15 m, parking must be at the rear or in a basement accessed only from a secondary road, parallel road or lane | 3B.18 |
| Design | Must be consistent with the Low Rise Housing Diversity Design Guide | 3B.19 |
2. Development application
Where the code does not apply — because of the land, the lot, or because you want something the code will not give you — the route is a development application to Wollongong City Council, assessed against the LEP, the applicable SEPP standards and the Development Control Plan, with the consultant reports attached. It is slower, it costs more up front, and it carries judgement rather than a checklist. On a difficult site that judgement can be the difference between a workable scheme and a refusal, which is why I would rather know the pathway in week one than find out in month six.
What rules out complying development
This is the part most people discover too late. The exclusions are about the land and the lot, not the design.
Clause 3B.2 — the development is not complying development if it is: on a battle-axe lot; on a lot that already has a secondary dwelling or a group home; on unsewered land; on land identified as susceptible to landslide risk in an environmental planning instrument; a building over a registered easement; a garage or carport forward of the building line; a roof terrace on the topmost roof; or multi dwelling housing (terraces) on bush fire prone land.
Clause 1.19(1) — the code does not apply to land that is: in a heritage conservation area or a draft one; reserved for a public purpose; acid sulfate soils of class 1 or 2; significantly contaminated; subject to a biobanking agreement, property vegetation plan, private land conservation agreement or set-aside area; identified by an environmental planning instrument as a buffer area, river front area, ecologically sensitive area, environmentally sensitive land or a protected area; identified as subject to coastal hazard, coastal erosion hazard, or a foreshore area; at 25 ANEF or higher; a special area under the Water NSW Act 2014; or unsewered land in the Sydney Drinking Water Catchment where bedrooms increase or site disturbance exceeds 250 m². A heritage item or draft heritage item on the land also takes it out, as does a Schedule 5 mapped area.
Two points worth dwelling on. First, bush fire prone land does not exclude a dual occupancy from the code. It adds standards — direct access to a public or council road, connection to mains electricity, reticulated water with a fire hydrant within 70 metres, and conformity with Planning for Bush Fire Protection. It is terraces that bushfire land rules out. Second, the environmentally sensitive, coastal hazard and foreshore exclusions, and the landslide-risk exclusion, are the ones that bite in the Illawarra — and they are site-specific. “Wollongong is excluded” is not a true statement; “this lot is” often is. See the escarpment guide for how that plays out on slope.
The Wollongong DCP layer
On a development application, Chapter B1 (Residential Development) of the Wollongong Development Control Plan 2009 supplies the local numbers. The version in force dates from 14 December 2016, so read it against the current SEPP standards, which override it where they apply.
| Control | Requirement | Clause |
|---|---|---|
| Minimum site width | 15 m for a dual occupancy. Corner allotments: 15 m on one frontage and 12 m on the other. Variations may be granted for irregular blocks, or where the design demonstrates compliance with privacy, solar access, private open space, visual amenity, built form, parking and landscaping | 4.21.2 |
| Site coverage | 55% of the lot area if the lot is under 450 m²; 50% if 450–900 m²; 40% if 900 m² or more. For a dual occupancy the combined coverage of both dwellings must meet the cap — and where a two-lot torrens subdivision is proposed, each dwelling's coverage must also meet it | 4.4.2 |
| Landscaped area | Under 600 m²: 20%. 600–900 m²: 120 m² plus 30% of the area above 600 m². Over 900 m²: 210 m² plus 40% of the area above 900 m². At least half must be behind the primary-road building line | 4.5.2 |
| Front landscaping and trees | A 1.5 m wide landscaped front strip excluding the driveway, with one 45 litre semi-mature tree, plus a second 45 litre tree at least 3 m from any dwelling | 4.5.2(6) |
| Private open space | 24 m² directly accessible from the living areas of each dwelling, at least 4 m wide, no steeper than 1:50, and screened where necessary for privacy between dwellings | 4.6.2 |
| Parking | One space per dwelling under 125 m² of gross floor area; two spaces per dwelling at 125 m² or more. There is no visitor parking requirement for a dual occupancy in this chapter. A single unenclosed space is 5.5 m × 2.6 m, a double 6 m × 6 m, a single garage 6 m × 3 m internal | 4.10.2 |
| Access to the rear dwelling | A dedicated access corridor under the same ownership. A right of carriageway over the front lot will generally not be supported | 4.10.2(11) |
| Setbacks | Front setback 6 m in infill areas and 4 m in greenfield areas; garages and carports 5.5 m; 3 m to a secondary building line on a corner. Walls 900 mm from side and rear boundaries, with eaves and gutters at 450 mm; walls over 7 m in overall height go to 3 m, and walls longer than 8 m are not eligible for variation | 4.2.2, 4.3.2 |
| Height and storeys | The DCP summarises R2 as a maximum of 9 m and 2 storeys and R3 as 13 m and 3 storeys. These are a summary of the LEP's Height of Buildings Map — the binding figure for your lot is on that map, not in the DCP | 4.1 |
| Deep soil zone | At least half the landscaped area, with a minimum dimension of 3 m, outside the minimum private open space, and free of structures, basement carparks, driveways and decking | 4.23 |
| Fire | All dwellings, and dual occupancies and battle-axe dwellings in particular, must be within 60 m of a fire hydrant or comply with AS 2419.1. Where a driveway exceeds 15 m, forward-in and forward-out access is required | 4.13.2 |
| Sloping sites | Split-level, stepped building solutions are encouraged on steeply sloping sites | 4.1.1 |
Chapter B2 (Residential Subdivisions) adds subdivision-specific controls: strata title “applies principally to the subdivision of residential flat buildings, townhouses, villas or dual occupancies”; a minimum lot width of 15 m may be required where council determines on-street parking is needed; minimum residential lot depth of at least 25 m; and for battle-axe lots, a 15 m width at the front building line, 6 m at the handle end, no more than two battle-axe lots behind a road-fronting lot, and a 5 m access corridor with 3 m of pavement.
Two dwellings, one title — until you subdivide
A dual occupancy is two homes and one title. Until you subdivide, you own both, you rate both as one property, and you cannot sell one. That single fact drives most of the financial modelling, so it is worth being precise about the routes out.
Strata title
Strata subdivision is the usual route for an attached dual occupancy, and it can itself be complying development. Under Part 6 of the Codes SEPP, the strata subdivision of a dual occupancy for which a complying development certificate was issued under the Low Rise Housing Diversity Code is specified development, and a combined erection-plus-strata-subdivision certificate is available. The standards include lawful frontage to a public road other than a lane, no dwelling behind another except on a corner or parallel-road lot, each resulting lot at least 6 m wide at the building line, and — where no dwelling is above another — a strata area, meaning the ground floor of all dwellings, of at least 180 m². Wollongong LEP cl 4.1 does not apply to strata subdivision at all.
Torrens title
Torrens subdivision creates two separate freehold lots. Under the Subdivision Code it is available only where no part of a dwelling is above any part of another, and each resulting lot must hold one dwelling, be in Zone RU5, R1, R2 or R3, be at least 6 m wide at the building line with lawful access and frontage to a public road, and be at least the minimum size the environmental planning instrument specifies for subdivision for the purpose of a dual occupancy — or 200 m² if none is specified.
Wollongong's local position is unusual and worth knowing. Clause 4.1 of the Wollongong LEP requires each lot created by subdivision to be at least the minimum size shown on the Lot Size Map for that land — and cl 4.1(4C) provides that the clause does not apply to the subdivision of land in a residential zone on which there is an existing dual occupancy or multi dwelling housing. So the common industry claim that “you cannot torrens-subdivide a duplex unless the lot is twice the minimum” is not reliably true here. But it turns on the word “existing”, so a proposal that builds and subdivides at the same time needs to be checked rather than assumed. The duplex page works through the lot size question in full.
What it costs beyond the build
Two dwellings is not twice the cost of one — the slab, roof, services and driveway are shared to a degree — but the approval and infrastructure layers do scale. These are the ones to budget:
- Development contributions. Most of Wollongong is covered by the City-Wide Development Contributions Plan (2025), in force from 8 December 2025, which levies under s 7.12 as a percentage of the proposed cost of development: nil up to $100,000, 0.5% between $100,000 and $200,000, and 1% above $200,000. Inside the West Dapto Urban Release Area a different plan applies — the West Dapto Development Contributions Plan (2025), in force from 10 April 2025 — which levies per additional lot or dwelling under s 7.11 and is IPART-reviewed: “subdivision, dual occupancy etc” at $96,205.96 and secondary dwellings at $42,090.10, indexed to March 2026. Those figures are West Dapto only; do not apply them elsewhere in the LGA.
- DA fees. Calculated from Schedule 4 of the Environmental Planning and Assessment Regulation 2021 on the estimated cost of development, in fee units that are indexed each 1 July. The 2026/27 fee unit is $118.55. Working the schedule for a dual occupancy DA with an estimated cost of $900,000 gives a maximum fee of roughly $3,080 — that is my arithmetic from the schedule, not a council quote. Subdivision adds its own line: 3.86 fee units plus $53 per additional lot for a torrens subdivision, or $65 per additional lot for strata.
- Certificate fees. There is no prescribed complying development certificate fee scale in Schedule 4 — the certification authority sets it, whether council or a private certifier. Get it in writing.
- Long Service Payments Levy. 0.25% of the cost of works of $250,000 or more including GST, and it must be paid before a construction certificate or complying development certificate is released.
- BASIX. Required for new homes. The published maximum fee is $80 for the first two dwellings in a multi-dwelling development, plus $35 for each additional dwelling, plus a $5 NSW Planning Portal fee.
- Water and sewer. Sydney Water publishes a guide specifically for this — Servicing dual occupancy and other 2-home developments. A Section 73 Compliance Certificate is part of the process, and infrastructure contributions may apply, calculated by an IPART-determined method and adjusted each 1 July under the Illawarra development servicing plans.
- Consultants. Survey, structural engineering, drainage and stormwater including on-site detention, BASIX, and a bushfire assessment if the land is bush fire prone.
Why people do it, and why it fails
The reasons are usually sound: house an ageing parent close by without sharing a roof; rent one side and let it service the mortgage; build equity on land you already own; create two saleable assets instead of one; hold one and rent the other.
Where it goes wrong is rarely the idea. It is the sequence:
- The lot is too narrow. Width binds more often than area. Fifteen metres at the building line is the code and the DCP number, and a 12 m frontage that looks generous for a house does not carry two.
- The access corridor is unresolved. For a detached dual occupancy, council will generally not support a right of carriageway over the front lot — it wants a dedicated corridor under the same ownership. That consumes land you had allocated to living space.
- The subdivision pathway was assumed. Building two dwellings and creating two titles are two separate approvals with two separate standards, and the torrens route closes off where one dwelling sits above another.
- Services were costed for one house. Two sewer connections or a pumped system, two water meters, separate electrical connections, stormwater detention sized for the whole site.
- The land triggers an exclusion nobody checked. Battle-axe, unsewered, landslide-risk identified, coastal hazard, heritage. Each of those sends you from a certificate to a development application, or stops the proposal entirely.
- The conversion was assumed to be nearly free. Chapter B1 of the Wollongong DCP is explicit that existing garages and outbuildings cannot be used as the second dwelling of a dual occupancy unless it can be demonstrated that the structure complies with the relevant provisions of the Building Code of Australia — now the National Construction Code. Converting a shed is usually a rebuild with a head start, not a cheap second home.
- The design was bought before the site was understood. A plan that works on a flat 15 m frontage in Dapto does not work on a falling 13 m frontage in Thirroul.
What I check on a dual occupancy site
This is the order I work in during a site assessment, and it takes 45 minutes on the block.
- Zone. Is it R1, R2 or R3, where “Dual occupancies” is permitted with consent? If it is C4 Environmental Living or R5, the conversation is over before it starts.
- The Lot Size Map. Wollongong's minimum lot sizes are map-based, not table-based, so the figure is specific to your land.
- Width, not just area. Measure at the building line. Corner lots have a second, lower figure.
- Whether the lot is inside a low and mid rise housing area — within 800 m walking distance of a town centre or a listed station entrance — because that brings the s 168 non-discretionary standards into play.
- The exclusion triggers. Battle-axe, unsewered, existing secondary dwelling, landslide risk, coastal hazard, foreshore, heritage, acid sulfate soils, special water catchment.
- Bush fire prone land on the Section 10.7 Planning Certificate, and what the additional standards would cost.
- Sewer, stormwater and the legal point of discharge. Where the main sits, whether the connection falls to it, and where detention goes.
- The access corridor and parking geometry for both dwellings, including turning and the 60 m hydrant rule.
- What you actually intend to do with the two homes — live in both, rent both, sell one. That determines whether you need strata, torrens or no subdivision at all, and it changes the design.
Requirements depend on the individual property, its zoning, the proposed development and the planning controls that apply to it, and those controls are amended often. Confirm the current instrument with Wollongong City Council or your own town planner before you commit money. CKS Projects builds dual occupancies across the Illawarra, and I would rather tell you a lot will not carry two dwellings in week one than let you find out after the plans are paid for.
Related reading
Minimum land size for a duplex in Wollongong
Why there is no single number, and the four tests that actually decide whether two dwellings fit on your lot.
Building a home on the Illawarra Escarpment
The ground, bushfire and vegetation controls that decide what an escarpment block can carry.
Is $400,000 enough to build a house in Wollongong?
What a build budget actually contains, and what a contract price leaves out.
Sources
Checked on 28 September 2026, reading these versions: Wollongong LEP 2009 as at 19 December 2025 — later amendments exist, including one taking effect during 2026; the Codes SEPP as at 9 August 2025; SEPP (Housing) 2021 as at 17 September 2025; and DCP Chapter B1 as in force 14 December 2016, which still refers to the repealed Affordable Rental Housing SEPP and to pre-2022 zone lettering. Where the DCP and SEPP (Housing) 2021 Chapter 6 conflict, the SEPP's non-discretionary standards prevail.
- Wollongong Local Environmental Plan 2009 (2010 EPI 76) — Dictionary definitions of dual occupancy, dual occupancy (attached), dual occupancy (detached) and secondary dwelling; the Land Use Table entries for R1, R2, R3, R4, R5 and C4; cl 2.6(2); cl 4.1 and the Lot Size Map; cl 4.3 and cl 4.4; cl 5.4(9).
- State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 — Part 3B Low Rise Housing Diversity Code (cll 3B.1, 3B.2, 3B.4, 3B.8–3B.15, 3B.18, 3B.19, and Division 3 cll 3B.21–3B.24); cl 1.19 land exclusions; Part 6 Subdivision Code (cll 6.1–6.4).
- State Environmental Planning Policy (Housing) 2021 — Chapter 3 Part 1 secondary dwellings (ss 49–58, including the no-subdivision rule at s 51 and the 60 m² and 450 m² standards); Chapter 6 low and mid rise housing (ss 164, 166–169, 172).
- Wollongong City Council, DCP 2009 Chapter B1, Residential Development — dual occupancy site width, site coverage, landscaped area, private open space, parking, access corridor, setbacks, deep soil zone and fire hydrant controls.
- Wollongong City Council, DCP 2009 Chapter B2, Residential Subdivisions — subdivision forms, strata title for dual occupancies, lot width and depth, battle-axe controls.
- Wollongong City Council, Development contributions — the City-Wide Development Contributions Plan (2025) and the West Dapto Development Contributions Plan (2025) and their respective rates.
- NSW Planning Portal, Wollongong Local Environmental Plan 2009 maps — the Lot Size Map, Land Zoning Map and Height of Buildings Map for a specific lot.
- NSW Department of Planning, Planning and development fees — the 2026/27 fee unit of $118.55 under Schedule 4 of the Environmental Planning and Assessment Regulation 2021.
- NSW Government / Long Service Corporation, Long service levy — 0.25% on works of $250,000 or more, payable before a CC or CDC is released.
- NSW Department of Planning, What is the fee for a BASIX certificate? — multi-dwelling and single-dwelling fees and the portal fee.
- Sydney Water, Land development and Servicing dual occupancy and other 2-home developments — Section 73 Compliance Certificate and infrastructure contributions.
- NSW Rural Fire Service, Bush fire prone land — designation under s 10.3 of the EP&A Act and the Section 10.7 Planning Certificate.
This page is general information from a builder. It is not town-planning, legal or financial advice. Whether a dual occupancy can be built on a particular lot, and by which pathway, depends on that lot and on the instruments as they stand at the time of application. CKS Projects is a licensed builder, not a town planner, certifier or council.