Transcript local variations and exclusions

NSW Housing Code
Council Customer Service Officer
Workshop
February 2009
Chris Summers
Aoife Wynter
Department of Planning
The NSW Housing Code
• The Exempt Development Code and the General
Housing Code as contained in the Codes SEPP are
known together as the ‘NSW Housing Code’
• Outlines how residential developments, including
detached single and two storey dwellings, home
extensions and other ancillary development, can
proceed on lots 450m2 and greater as complying
development with certifying authority sign-off
• Also outlines how 40 types of minor developments
around the home can proceed as exempt development
without planning approval
What is the NSW Housing Code?
• The NSW Housing Code is the term used to
refer to State-wide exempt and complying
development requirements and controls
across NSW
• The NSW Housing Code is actually State
Environmental Planning Policy (Exempt and
Complying Development Codes) 2008
Key benefits
• A faster system - approvals within 10 days, down from
121 days (average of Sydney councils) and 53 days in
regional areas)
• A simpler process that everyone can understand
• Allows councils to focus on bigger and more complex
projects
• Provides first home owners the time to get their homes
approved and to access Commonwealth and State first
home owner grants
• Cost savings of approximately $6500 per application in
Sydney and $2500 in regional areas (HIA estimate)
• Environmental gains
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.
Legislative context
• Environmental Planning and Assessment Act
2008 (‘Amendment Act’) proclaimed on 25 June
2008 – commenced on 27 February 2009
• Environmental Planning and Assessment
Amendment (Complying Development)
Regulation 2009 (‘Complying Development
Regulation’) proclaimed on 23 January 2009 –
commenced on 27 February 2009
• Including amendments to s. 149 certificates
(Planning Certificate) to include provisions for
complying development
Legislative Context (cont.)
• State Environmental Planning Policy
(Exempt and Complying Development
Codes) 2008 (Amendment No 1) (‘Codes
SEPP’) with minor amendments
commenced 27 February 2009
Commencement of Exempt and
Complying Development
• Provisions commence 27 February 2009
• Transition arrangements until 27 February 2010
• Applicants must nominate which set of controls they are
relying on:
– The General Housing Code, or
– Councils existing complying development provisions
in their LEP/DCP
Approvals after 27 February 2009
EXEMPT
Where same development type nominated in SEPP and LEP/DCP
 SEPP prevails
Where development type nominated in SEPP as exempt and LEP/DCP
specifies development as complying
 LEP/DCP has no affect after 12 months
Where development not listed in SEPP  LEP/DCP continues to apply
Development outside scope of either exempt or complying
 DA required
Approvals after 27 February 2009
COMPLYING
Where development type nominated in SEPP as complying and
LEP/DCP specifies same development as exempt  SEPP prevails
Where development type nominated in SEPP as complying and
LEP/DCP specifies same development as complying
 LEP/DCP has no effect after 12 months
Development outside scope of complying  DA required
Exempt Development Code
Development that:
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Has minimal environmental impact
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Is 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
What sites are excluded?
Exempt & Complying Development
•
State Environmental Planning Policy (Kosciuszko
National Park – Alpine Resorts) 2007
•
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
Where does it apply?
7 key rules
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Site requirements
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Building height
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Setbacks
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Landscaped area
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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
Car parking and access
Side setback examples
Key controls
Ancillary Development
• Demolition and removal
of buildings
• Swimming Pools
• Fences
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 can be generated by a
council
• Identifies if complying development is
permissible on a lot
• It is not mandatory to have a Planning
Certificate prior to issuing a CDC
Neighbour notification
• Good practice to notify neighbours before
lodging any application to council / accredited
certifier
• No requirement to notify neighbours prior
to receiving a complying development certificate
• Notify neighbours (within 40m) that a certificate
has been issued, within 2 days
• Notice of the Issue of a Complying Development
Certificate template is available on the
Department’s website
www.planning.nsw.gov.au/housingcode
Randwick City Council
BUILDING CERTIFICATION SERVICES
A business unit set up by Randwick City
Council dedicated to certification work
including complying development
certificates, construction certificates and
inspections.
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.
Additional local exclusions can be either:
• Zone based
• Contained within an environmental planning instrument
• Be a precinct identified in a policy or plan as having
particular unique attributes that may require a merit
assessment of any development proposal
Local exclusions nominations
process
Local variations
• Front setback
• Side setback
• Landscaping
Local variations nominations
process
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 (cont.)
NSW Housing Code information
1.
Information Pack (SEPP, Guide and Facts Sheets) - from
Department of Planning Information Centre or website
2.
Website - www.planning.nsw.gov.au/housingcode
3.
Applicant brochure - late Feb 2009
4.
Applicant fact sheets for Exempt Development Types - April
2009
5.
Information DVD for applicants introducing Exempt and
Complying Development - mid 2009
6.
eLearning - online training for councils, practitioners and
applicants - mid 2009
7.
ePlanning - NSW Housing Code online - 2010
Information Packs – available now
www.planning.nsw.gov.au/housingcode
Information Pack (cont)
6.
Information brochure – March 2009
Fact sheets
for exempt
development types
– April 2009
Applicant DVD – mid
2009
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
450 m² and rural lots).
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
Key dates
• 12 December 2008 – Codes SEPP gazetted
• 27 February 2009 – SEPP commences
• February 2009 – call for nominations for local exclusions
and local variations
• 30 June 2009 – call for nominations close
• Mid 2009 –proclamation of any local exclusions and
local variations, eLearning
Key dates (cont.)
• Mid 2009 – Commercial Codes (Stage 1
commences)
• Late 2009 – Commercial Codes (Stage 2
commences)
• 27 February 2010 – some exempt and
complying development council provisions
cease
Questions
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
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