Transcript complying code

NSW Housing Code Forum
12 December 2008
Chris Johnson
Executive Director Special Projects
Department of Planning
Planning Reforms
• 121 days average by metro council to process a DA
for detached house
• 75 days average to process a DA for detached house
across NSW
• 10 days proposed for complying development
• 11% current take-up for complying development
• 50% proposed take-up of complying development
Consultation
• 1000 people attended workshops June 2008
• 270 submissions received
• 11 trial Councils
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Implementation Advisory Committee
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Complying Development Expert Panel
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Local Government Planning Directors’ Group
Research
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270 projects tested by Peter Smith architect
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30 DCP and LEP provisions reviewed
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All State and Territory Complying Development
Codes Reviewed
Housing Code based on current
Codes in NSW
Testing the Housing Code
Testing the Housing Code
Where does it apply?
Key Dates
• 12 December 08 - Code gazetted
• Jan / Feb 09 - Workshops / training
• 27 February 09 - Code commences
• Mid 09 - Amendments to the Code
• 2009 - live testing - amendments
• 27 February 10 - review of SEPP
Current Background
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Housing Industry low production
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Housing Affordability
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Commonwealth Government’s
First Homeowner Grant
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World economic downturn
What sites are excluded?
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 int. significance or World Heritage
Land within 100m of Coastal Wetlands, Littoral
Rainforests, aquatic reserves, marine parks,
wetlands of int. significance or World Heritage
What sites are excluded
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Aboriginal cultural or high biodiversity significance
State conservation areas
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?
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Heritage items or draft items
Heritage conservation areas or draft areas
Wilderness areas
Land reserved for acquisition
Land on Acid Sulfate Soils Map (Class 1/2)
Bush fire prone land
Flood control lots
What sites are excluded?
Land identified by an environmental planning
instrument including within a:
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Foreshore scenic protection area
Protected area
Scenic area
Scenic preservation area
Scenic protection area
Special area
Principles for Complying Housing
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Site Coverage and Setbacks
Relationship to Neighbours
Appropriate Heights
Adequate Landscaping
Managing Car Parking
The Key Rules
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Site requirements
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Building Height
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Setbacks
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Landscaping
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Car Parking and access
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Earthworks and drainage
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Ancillary Development
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
Site Coverage
Maximum floor area
Building Heights
Front Setbacks
Existing Neighbouring Houses within 40m
Front Setbacks
Typical minimum primary road setback
Articulation Zone
Secondary Street Setbacks
Side Setbacks
Side Setback Examples
Side Setback Examples
Rear Setbacks
Landscaping
Outdoor Living Area
(Principal Private Open Space)
Car Parking and access
Earthworks and Drainage
Lot drainage
All stormwater / surface water run-off from
new dwellings, alterations and additions, or
ancillary development must be gravity fed
via a charged system to:
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Street drainage system
Inter-allotment drainage system
On-site disposal system where approved
Ancillary Development
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Demolition and removal of buildings
Swimming Pools
Fences
Sheds
Outbuildings
Key Controls
PAGE 41 | 12 DECEMBER 2008
Exempt Development Code
Development that:
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Has minimal environmental impact
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Not on environmentally sensitive land
Does not require planning approval if it
meets defined criteria
Meets deemed-to satisfy BCA requirements
Meets manufacturer’s specifications
Examples of Exempt Development
Local Variations
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Front setback
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Side setback
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Landscaping
Local Variations Process
Councils submit local variations to Department of Planning
Variation application reviewed by independent expert panel
Experts make recommendation to Department of Planning
If Minister makes variation, it is included as a local variation
in a schedule to the SEPP
Local Exclusions
SEPP establishes standard exclusions across NSW
where the Code will not apply
Councils can apply for additional local exclusions to the
Department of Planning
Additional local exclusions can be either:
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Zone based
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Contained within an environmental planning
instrument
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Be a precinct identified in a policy or plan as
having particular unique attributes that may
require a merit assessment of any development
proposal
Process for Local Exclusions
Council submits application
A zone based exclusion will only be approved where the
area has particular character attributes that require a
merit assessment of any development proposal
In some circumstances a local variation will be the
preferred approach
If the exclusion is approved, it is mapped for
identification in the SEPP
Complying Development
Requirement Certificate
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A Planning Certificate (Complying
Development Requirement Certificate)
can be generated by a council
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Identifies if complying development can
be carried out
Covenants - Planned Estates
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Some new / existing housing estates
have covenants on title for particular
development characteristics
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Covenants are not affected by the SEPP
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Land owners / agents must ensure that
the legal requirements of any covenants
applying to the land are complied with
Neighbour Notification
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Good practice to notify neighbours before
lodging any application to council /
accredited certifier
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No requirement to notify neighbours prior
to receiving a complying development
certificate
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Notify neighbours (within 40m) that a
certificate has been issued, within 2 days
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
Local Government and Shires Association
www.lgsa.org.au
E-Planning
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Joint initiative of the Department of
Planning and the Local Government and
Shires Association of NSW
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Uses technology to deliver planning
information and services
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Online delivery of the Housing Code
For more information
Online
www.planning.nsw.gov.au/housingcode.asp
Email
[email protected]
Postal
Planning Reforms
Department of Planning
GPO Box 39, Sydney NSW 2001
Questions
Call the Department of Planning’s Information Centre
Freecall 1300 305 695 or 02 9228 6333