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 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 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:

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 450m 2 up to 600m 2 and minimum primary road frontage of 12m wide Type B 600m 2 up to 900m 2 and minimum primary road frontage of 12m wide Type C 900m 2 up to 1500m 2 and minimum primary road frontage of 15m wide Type D 1500m 2 and greater and minimum primary road frontage of 18m wide

TYPE A 450m 2 – 600m 2 TYPE B 600m 2 – 900m 2 TYPE C 900m 2 – 1500m 2 TYPE D 1500m 2 or greater

Ancillary development Demolition and removal of buildings Swimming pools Fences

What sites are excluded? Environmentally sensitive areas including: 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 Land within 100m of Coastal Wetlands, Littoral Rainforests, aquatic reserves, marine parks, wetlands of international significance or World Heritage

What sites are excluded? (cont.) 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? Complying Development 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

Land identified by an environmental planning instrument including within a: Foreshore scenic protection area Protected area Scenic area Scenic preservation area Scenic protection area Special area What sites are excluded? Complying Development

7 key rules 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

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 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 PostalPlanning Reforms Department of Planning GPO Box 39, Sydney NSW 2001 QuestionsDepartment of Planning Information Centre freecall or

Who can help? Accredited Certifiers Architects - via Archicentre Australian Institute of Architects Building Designers Building Professionals Board Building Surveyors Department of Planning

Questions