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NSW Housing Code Workshop
Community Information Session
February 2009
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Chris Johnson
Aoife Wynter
Department of Planning
NSW Housing Code
• Outlines how residential developments,
including detached single and two storey
dwelling houses, extensions and other ancillary
development, can proceed on lots 450m² and
greater as complying development with
council or accredited certifier sign-off
• Also outlines how 40 types of minor
developments around the home can proceed as
exempt development without planning approval
Key benefits
• Faster - approvals within 10 days, down from 121 days
(average Sydney councils) and 53 days (regional areas)
• Simpler for everyone to understand
• Councils focus on bigger and more complex projects
• First home owners get the time to access
Commonwealth and State first home owner grants
• Cost savings of approximately $6,500 per application in
Sydney and $2,500 in regional areas (HIA estimate)
• Environmental gains
A kick start to the economy
The NSW Housing Code will provide a
kickstart to the NSW economy and will boost
housing starts and renovations that will flow
onto the housing and building industries and
supporting businesses.
Part of a national trend
Other States have either introduced or are
planning to introduce complying codes:
• Victoria, Queensland, Western Australia and
the ACT have introduced housing codes
• South Australia is planning to do so
• Tasmania and the Northern Territory are at an
early stage of drafting their codes
Extensive consultation with the
public and industry
• In May 2008, the draft NSW Housing Code and
NSW Commercial Building Code were placed on an
eight week exhibition period accompanied by a road
show of 26 workshops across NSW attended by
1000 people
• A number of industry groups were set up to provide
feedback on the Code including an Implementation
Advisory Committee, Complying Development
Expert Panel, the Local Government Planning
Directors Group and 11 trial Councils
Extensive research
As the NSW Housing Code was being developed, there
was an extensive process of research into existing rules
and codes and testing against a wide range of housing
projects:
• 270 projects across NSW were tested
• 30 Development Control Plans (DCPs) and Local
Environmental Plans (LEPs) were reviewed to see
how the Code could be applied
Testing the Housing Code
Testing the Housing Code
Testing the Housing Code
Housing Code based on current
Codes in NSW
Where does the Code apply?
Complying development is an alternative to the
Development Application (DA) process. Anyone
can continue to submit a DA for a new home or
extension if they prefer.
The Code applies to the construction of new
detached housing, housing extensions for single
and two storey houses and other ancillary
development on land 450 m² and greater.
Where does it apply?
Four lots sizes
Type A
450m2 up to 600m2 and minimum
primary road frontage of 12m wide
Type B
600m2 up to 900m2 and minimum
primary road frontage of 12m wide
Type C
900m2 up to 1500m2 and
minimum primary road frontage of
15m wide
Type D
1500m2 and greater and minimum
primary road frontage of 18m wide
TYPE A 450m2 – 600m2
TYPE B 600m2 – 900m2
TYPE C 900m2 – 1500m2
TYPE D 1500m2 or greater
Ancillary development
• Demolition and removal of buildings
• Swimming pools
• Fences
What sites are excluded?
Exempt & Complying Development
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State Environmental Planning Policy (Kosciuszko
National Park – Alpine Resorts) 2007
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Warringah Local Environmental Plan 2000
Environmentally sensitive areas including:
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Coastal waters of the State
Coastal lake
SEPP No. 14 Coastal Wetlands or SEPP No. 26 Littoral
Rainforests
Aquatic reserve or marine park
Wetlands of international significance or World Heritage
What sites are excluded? (cont.)
Exempt & Complying Development
• Land reserved under the National Parks and Wildlife
Act 1974 or land to which Part 11 of the Act applies
• Land reserved or dedicated for preservation of flora,
fauna, geological formations or environmental
protection purposes
• Critical habitat under the Threatened Species
Conservation Act 1995 or Part 7A of the Fisheries
Management Act 1994
What sites are excluded?
Complying Development
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Heritage items or draft items
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Land on Acid Sulfate Soils Map (Class 1/2)
Heritage conservation areas or draft areas
Wilderness areas
Land reserved for acquisition
Unsewered land to which Drinking Water Catchments
Regional Environmental Plan No 1 applies
Bush fire prone land
Flood control lots
Excluded land identified by an EPI
Land in a foreshore area
What sites are excluded?
Complying Development
Land identified by an environmental planning instrument
including within a:
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buffer zone
coastal erosion hazard
difficult site
ecologically sensitive area
environmentally sensitive land
foreshore land
foreshore building line
foreshore scenic protection area
protected area
scenic area, scenic preservation area and scenic protection
area
special area
7 key rules
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Site requirements
Building height
Setbacks
Landscaped area
Car parking and access
Earthworks and drainage
Ancillary development
Side setback examples
Car parking and access
Key controls
Protecting neighbours and the
amenity of the home
The controls in the Code are about protecting
neighbours but also maximising the amenity of
individual houses, to try to get a balance between
the two.
Planning Certificate
• A Planning Certificate (formerly known as a
Complying Development Requirements
Certificate) can be generated by a council
• It identifies if complying development can be
carried out and lists local variations and
exclusions
Neighbour notification
• Good practice to notify neighbours before
lodging any application to council / accredited
certifier
• No requirement to notify neighbours prior
to receiving a certificate
• Notify neighbours (within 40m) that a certificate
has been issued, within 2 days
Local variations
There will be local variations:
• Front setback
• Side setback
• Landscaping
Local exclusions
The Housing Code establishes standard
exclusions across NSW where the Code will not
apply.
Councils can apply for additional local exclusions
to the Department of Planning.
Covenants - planned estates
• Some new / existing housing estates
have covenants on title for particular
development characteristics
• Covenants are not affected by the SEPP
• Land owners / agents must ensure that
the legal requirements of any covenants applying
to the land are complied with
Your step by step process for a new house – single or two
storey renovations
Your step by step process for a new house – single or two
storey renovations
Exempt Development
The NSW Housing Code outlines 40 types of minor
developments around the home that can proceed as
exempt development.
Exempt development typically covers small-scale
structures associated with a dwelling where, subject to
satisfying pre-specified standards, there is no need for
planning or construction approval to be obtained.
There is now one single uniform approach to exempt
development across NSW.
Examples of Exempt Development
Review of the Code
The Housing Code will come into effect from
27 February 2009. It’s anticipated that amendments
will be made in mid 2009 as a result of any local variations
and exclusions.
Other minor amendments may also be made during 2009
in response to any minor issues that might arise and
particularly due to any unintended consequences.
Future updates will include small lots (less than 450m²
and rural lots).
When designing a development under the Housing Code,
always check the latest version of the Codes SEPP.
ePlanning
• Joint initiative of the Department of Planning
and the Local Government and Shires
Association of NSW with funding from the
Commonwealth Government
• Uses technology to deliver planning information
and services
• Online delivery of the Housing Code
For more information
Online
www.planning.nsw.gov.au/housingcode
Email
[email protected]
Postal
Planning Reforms
Department of Planning
GPO Box 39, Sydney NSW 2001
Questions Department of Planning Information Centre
freecall 1300 305 695 or 02 9228 6175
Who can help?
Accredited Certifiers www.accreditedcertifiers.com.au
Architects - via Archicentre www.archicentre.com.au
Australian Institute of Architects www.architecture.com.au
Building Designers www.bdansw.com.au
Building Professionals Board www.bpb.nsw.gov.au
Building Surveyors www.aibs.com.au
Department of Planning www.planning.nsw.gov.au
Questions