Granny Flats/Secondary Dwellings

A Secondary Dwelling (commonly known as a Granny Flat) is 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.

Under the Albury Local Environmental Plan 2010, a secondary dwelling is limited in floor space to 60sq.m or 25% of the principal dwelling, whichever is greater. Approval for a secondary dwelling can be granted via one of two options;

  1. Complying Development Certificate
    If the secondary dwelling complies with the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 a Complying Development Certificate may be issued by Council or a Private Certifying Authority.   You can find out more from this fact sheet.
  2. Development Application
    For all other Secondary Dwelling developments, that do not comply with the development standards requirements listed in the fact sheet, a development application is required to be lodged with Council. The controls for a secondary dwelling applied for via a development application are contained within Chapter 10.9 of the Albury Development Control Plan 2010.

Controls for residential development (and other developments in the residential zones) are contained within Chapter 10 of the Albury DCP 2010, however other Chapters may also be relevant to your development, or to your site. The following Chapters may also need to be addressed in any application for the above developments.

  • Chapter 4 - Development Contributions
  • Chapter 5 - Tree Preservation
  • Chapter 6 - Planning for Hazards (Flooding, Bushfire & Contaminated Land)
  • Chapter 7 - Heritage Conservation (for Heritage Items or development in Heritage Conservation Areas)
  • Chapter 17 - Off Street Car Parking