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 submissions received 11 trial Councils Implementation Advisory Committee Complying Development Expert Panel Local Government Planning Directors Group

Research 270 projects tested by Peter Smith architect 30 DCP and LEP provisions reviewed All State and Territory Complying Development Codes Reviewed

Housing Code based on current Codes in NSW

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 live testing - amendments 27 February 10 - review of SEPP

Current Background Housing Industry low production Housing Affordability Commonwealth Governments First Homeowner Grant World economic downturn

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

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

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

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

Principles for Complying Housing Site Coverage and Setbacks Relationship to Neighbours Appropriate Heights Adequate Landscaping Managing Car Parking

The Key Rules Site requirements Building Height Setbacks Landscaping Car Parking and access Earthworks and drainage Ancillary Development

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

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

Rear Setbacks

Landscaping

Outdoor Living Area (Principal Private Open Space)

Car Parking and access

Earthworks and Drainage

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:

Ancillary Development Demolition and removal of buildings Swimming Pools Fences Sheds Outbuildings

PAGE 41 | 12 DECEMBER 2008 Key Controls

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

Examples of Exempt Development

Local Variations Front setback Side setback 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: 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

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 A Planning Certificate (Complying Development Requirement Certificate) can be generated by a council Identifies if complying development can be carried out

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

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

Who can help? Accredited Certifiers Architects - via Archicentre Australian Institute of Architects Building Designers Building Professionals Board Building Surveyors Local Government and Shires Association

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

Sue Robinson Department of Planning

Education / Training Programs to support the NSW Housing Code Feedback from our stakeholders: Increased choice More opportunities Enhanced access

Education / Training Program NSW Housing Code 1. NSW Housing Code Forum - 12 Dec NSW Housing Code Information pack - Dec DVD - NSW Housing Code Forum - Dec Workshops with Councils - Jan / Feb Workshops with Practitioners - Jan / Feb Information brochure for Council / community - Feb 09

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

DVD - NSW Housing Code Forum Dec 08 Presentations from the NSW Housing Code Forum SEPP Guide to complying development for detached housing Fact Sheets

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

12 workshops with Councils - Jan / Feb 09 Sydney Metropolitan area and regional area For local councils

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

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:

Online E-Learning Use technology to deliver education / training Interactive option - response to questions / feedback in real time

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

NSW Housing Code Forum 12 December 2008

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

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

For more information Online PostalPlanning Reforms Department of Planning GPO Box 39, Sydney NSW 2001 QuestionsCall the Department of Plannings Information Centre Freecall or