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NSW Housing Code Forum 12 December 2008
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Chris Johnson Executive Director Special Projects Department of Planning
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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
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Consultation 1000 people attended workshops June 2008 270 submissions received 11 trial Councils Implementation Advisory Committee Complying Development Expert Panel Local Government Planning Directors Group
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Research 270 projects tested by Peter Smith architect 30 DCP and LEP provisions reviewed All State and Territory Complying Development Codes Reviewed
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Housing Code based on current Codes in NSW
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Testing the Housing Code
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Where does it apply?
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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
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Current Background Housing Industry low production Housing Affordability Commonwealth Governments First Homeowner Grant World economic downturn
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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 int. significance or World Heritage Land within 100m of Coastal Wetlands, Littoral Rainforests, aquatic reserves, marine parks, wetlands of int. significance or World Heritage
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What sites are excluded (continued): 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
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What sites are excluded? 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
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What sites are excluded? 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
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Principles for Complying Housing Site Coverage and Setbacks Relationship to Neighbours Appropriate Heights Adequate Landscaping Managing Car Parking
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The Key Rules Site requirements Building Height Setbacks Landscaping Car Parking and access Earthworks and drainage Ancillary Development
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Four Lots Sizes Type A 450 m2 up to 600 m2 and minimum primary road frontage of 12 m wide Type B 600 m2 up to 900 m2 and minimum primary road frontage of 12 m wide Type C 900 m2 up to 1500 m2 and minimum primary road frontage of 15 m wide Type D 1500 m2 and greater and minimum primary road frontage of 18 m wide
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TYPE A 450m2 – 600m2 TYPE B 600m2 – 900m2 TYPE C 900m2 – 1500m2 TYPE D 1500m2 or greater
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Site Coverage
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Maximum floor area
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Building Heights
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Front Setbacks Existing Neighbouring Houses within 40m
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Front Setbacks Typical minimum primary road setback
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Articulation Zone
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Secondary Street Setbacks
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Side Setbacks
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Side Setback Examples
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Rear Setbacks
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Landscaping
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Outdoor Living Area (Principal Private Open Space)
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Car Parking and access
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Earthworks and Drainage
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Lot drainage Street drainage system Inter-allotment drainage system On-site disposal system where approved 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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Ancillary Development Demolition and removal of buildings Swimming Pools Fences Sheds Outbuildings
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PAGE 41 | 12 DECEMBER 2008 Key Controls
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Exempt Development Code Development that: Has minimal environmental impact Does not require planning approval if it meets defined criteria Not on environmentally sensitive land Meets deemed-to satisfy BCA requirements Meets manufacturers specifications
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Examples of Exempt Development
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Local Variations Front setback Side setback Landscaping
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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
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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: 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
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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
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Complying Development Requirement Certificate A Planning Certificate (Complying Development Requirement Certificate) can be generated by a council Identifies if complying development can be carried out
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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
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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
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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
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E-Planning Joint initiative of the Department of Planning and the Local Government and Shires Association of NSW Uses technology to deliver planning information and services Online delivery of the Housing Code
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Sue Robinson Department of Planning
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Education / Training Programs to support the NSW Housing Code Feedback from our stakeholders: Increased choice More opportunities Enhanced access
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Education / Training Program NSW Housing Code 1. NSW Housing Code Forum - 12 Dec 08 2. NSW Housing Code Information pack - Dec 08 3. DVD - NSW Housing Code Forum - Dec 08 4. 12 Workshops with Councils - Jan / Feb 09 5. 12 Workshops with Practitioners - Jan / Feb 09 6. Information brochure for Council / community - Feb 09
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Education / Training Program NSW Housing Code (cont) 7.Department of Planning Website - from Dec 08 – SEPP – Guide to complying development for detached housing – Presentations – NSW Housing Code Forum – Housing Code Questions online form – Fact Sheets 8.DVD – Guide to exempt and complying development 9. Online Interactive E-Learning 10.E-Planning
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DVD - NSW Housing Code Forum Dec 08 Presentations from the NSW Housing Code Forum SEPP Guide to complying development for detached housing Fact Sheets
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NSW Housing Code Information Pack - Dec 08 SEPP NSW Housing Code - Guide to complying development for detached housing Fact Sheets DVD - NSW Housing Code Forum
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12 workshops with Councils - Jan / Feb 09 Sydney Metropolitan area and regional area For local councils
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12 workshops for housing industry - Jan / Feb 09 Sydney Metropolitan area and regional area For housing industry practitioners including: – Builders – Accredited certifiers – Design / planning professionals – Developers / real estate agents
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DVD - Guide to exempt and complying development - 09 Aimed at councils, housing industry practitioners and the community A detailed overview of exempt and complying development including further Codes This DVD will be available as an online broadcast on the Departments website: www.planning.nsw.gov.au/housingcode.asp
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Online E-Learning Use technology to deliver education / training Interactive option - response to questions / feedback in real time
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E-Planning Joint initiative of the Department of Planning and the Local Government and Shires Association of NSW Uses technology to deliver planning information and services Online delivery of the Housing Code
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NSW Housing Code Forum 12 December 2008
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Tony McNamara Director of Planning - Canada Bay Council Tone Wheeler Principal Architect - Environa Studio Sue Holliday President of Building Professionals Board Graham Wolfe Executive Director NSW - Housing Industry Association Panel discussion
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Your NSW Housing Code Information Pack is available as you leave the auditorium. This includes: SEPP Guide to complying development for detached housing Facts Sheets Housing Code Information Pack
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For more information Online www.planning.nsw.gov.au/housingcode.asp Emailplanningreform@planning.nsw.gov.au PostalPlanning Reforms Department of Planning GPO Box 39, Sydney NSW 2001 QuestionsCall the Department of Plannings Information Centre Freecall 1300 305 695 or 02 9228 6333
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