Can a dual occupancyand subdivision application be approved as Complying Development and issued a Complying Development Certificate (CDC)

Yes, subject to the permissibility requirements set out within the applicable Local Environmental Plan (LEP) at the time of the certificate being issued. An application must meet all requirements of Part 3B Low Rise Housing Diversity Code, and Part 6 Subdivisions Code, of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (referred to as the Codes SEPP). Note: LEP’s are subject to change. In a situation where permissibility for issuance of a CDC under the applicable LEP is revoked prior to the determination of an application, a CDC cannot be issued.