1. NSW Housing Code Council Workshop February 2009

2. Chris Johnson Chris Summers Aoife Wynter Department of Planning

3. Please turn off your mobile phone.

4. Workshop Aim NSW Housing Code and the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Requirements for commencement Local exclusions and local variations nominations process To provide council officers with an understanding of:

5. Workshop Overview The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (“Codes SEPP”) Pre-commencement requirements Provisions for local exclusions and local variations and nominations

6. Council Information Package 1.NSW Housing Code Forum – 12 Dec 2008 2. NSW Housing Code Information Package – distributed 19 Dec 2008: –Codes SEPP –NSW Housing Code - Guide to complying development for detached housing –Fact Sheets –DVD - NSW Housing Code Forum 3. NSW Housing Code Implementation Workshops - Feb 2009

7. 4. Planning Circular SEPP (Exempt and Complying Development Codes) 2008 – distributed Feb 2009: –an Introduction to the Codes SEPP –the nomination process for local exclusions and variations –equivalent zones –note for council’s website to highlight the relationship of the Codes SEPP with existing council LEPs and DCPs –transitional provisions –future Codes - commercial development Council Information Package

8. 6. LEP Practice Note - exempt and complying development – distributed Feb 2009: –the consequences of the commencement of the Codes SEPP for comprehensive LEPs being gazetted after 27 Feb 2009 –implications of future codes for the drafting of comprehensive LEPs Council Information Package 5. Planning Circular about provisions of the Amendment Act and Complying Development Regulation – distributed Feb 2009:

9. 7. GIS mapping standards for local variations and exclusions process – distributed Feb 2009 8. Further NSW Housing Code Implementation Workshops (as per demand) – March 2009 9. eLearning – NSW Housing Code – Mid 2009 onwards 10. ePlanning – NSW Housing Code online - 2010 Council Information Package

10. 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’ Residential developments, including detached single and two storey dwellings, home extensions and other ancillary development, can proceed on lots 450m 2 and greater as complying development with certifying authority sign-off. 40 types of minor developments around the home can proceed as exempt development without planning approval

11. Legislative Context Environmental Planning and Assessment Act 2008 (‘Amendment Act’) proclaimed on 25 June 2008 – commence on 27 February 2009 Environmental Planning and Assessment Amendment (Complying Development) Regulation 2009 (‘Complying Development Regulation’) proclaimed on 23 January 2009 – commences on 27 February 2009

12. Legislative Context (cont.) Relevant parts of the Amendment Act and the Complying Development Regulation outline new requirements and procedures for the determination of complying development certificates – and the amendments to s. 149 certificates (Planning Certificate) to include provisions for complying development State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (‘Codes SEPP’) commences 27 February 2009 Minor amendments are currently being reviewed for the Codes SEPP

13. 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

14. 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

15. Approvals after 27 February 2009 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 COMPLYING

16. Approvals after 27 February 2010 EXEMPT LEP/DCP has no affect where same development type nominated in SEPP Where development type nominated in SEPP as exempt and LEP/DCP specifies development as complying  LEP/DCP has no affect Where development type not listed in SEPP  LEP/DCP continues to apply Development outside scope of either exempt or complying  DA required

17. Approvals after 27 February 2010 LEP/DCP has no affect where same development type is nominated in SEPP as complying Where development type not listed in SEPP  LEP/DCP continues to apply Development outside scope of complying  DA required COMPLYING

18. 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 manufacturer’s specifications Other approvals

19. Examples of Exempt Development

20. What sites are excluded? Exempt & Complying Development 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

21. What sites are excluded? (cont.) Exempt & Complying Development 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

22. 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

23. 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

25. General Housing Code (Complying Development) Single and two storey detached dwelling houses on lots 450m 2 or greater Alterations and additions Ancillary development

26. Where does it apply?

28. Equivalent Zones The Codes SEPP outlines the zones where complying development for single and two storey dwelling houses is permissible The Codes SEPP relies on the land use zones established under the Standard Instrument – Principal Local Environmental Plan Based on information from councils, the Department is currently compiling a list of equivalent zones for all local government areas Tables listing the equivalent zones, by local government area, will be available on the Department of Planning website from 27 February 2009

29. Equivalent zones ZONE PERMITTED USES R1Variety of residential housing types R2Primary dwelling houses R3Mix of dwelling houses and multi-dwelling housing R4Primarily residential flat buildings R5Dwelling houses on large lots in a rural setting RU1Primarily agriculture RU2Compatible rural land uses including extensive agriculture RU3Forestry land uses RU4Compatible rural land uses incl. primary industry RU5Rural village

30. Planning Certificate (previously known as Complying Development Requirement Certificate) A Planning Certificate indicates whether complying development is permissible on a lot Can be generated by a council as part of a s.149 certificate It is not mandatory to have a Planning Certificate prior to issuing a CDC

31. 7 Key Rules Site Requirements Building Height Setbacks Landscaped Area Car Parking and Access Earthworks and Drainage Ancillary Development

32. 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

33. TYPE A 450m2 – 600m2 TYPE B 600m2 – 900m2 TYPE C 900m2 – 1500m2 TYPE D 1500m2 or greater

34. Site Coverage

35. Maximum floor area

37. Building Heights

38. Front Setbacks Existing Neighbouring Houses within 40m

39. Front Setbacks Typical minimum primary road setback

40. Articulation Zone

41. Secondary Street Setbacks

42. Side Setbacks

43. Side Setback Examples

45. Rear Setbacks

47. Landscaped Area

48. Outdoor Living Area (Principal Private Open Space)

49. Car Parking and access

50. Earthworks

51. Lot drainage street drainage system inter-allotment drainage system on-site disposal system where approved The site must be protected with adequate erosion and sediment control measures during construction. All stormwater / surface water run-off from a development must be gravity fed or via a charged system to:

52. Ancillary Development Demolition and removal of buildings Swimming Pools Fences

53. Key Controls

54. Standard Conditions Conditions applying before works commence Conditions applying during the works Construction requirements

55. Covenants - Planned Estates Some new / existing housing estates have covenants on title for particular development characteristics Covenants are not affected by the Codes SEPP Land owners / agents must ensure that the legal requirements of any covenants applying to the land are complied with

56. 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 (CDC) Notify neighbours (within 40m) that a CDC has been issued, within 2 days

58. History of local exclusions and variations The NSW Housing Code is not a “one- size-fits-all” solution Variations allow for requirements that respond to the local character of the area

59. Local exclusions nominations process Codes SEPP establishes standard exclusions across NSW where the Code will not apply Councils can nominate for additional local exclusions to the Department of Planning

60. Local exclusions nominations process

61. Local variations Front setbacks Side setbacks for lots 900m 2 and greater Landscaped area The SEPP allows provision for three development standards to be varied to respond to local character:

62. Local variations nominations process

63. Call for nominations Nominations will be sought from March 2009 Nominations must be made on the standard nomination form Councils will be asked to provide GIS data to map nominated locations It is anticipated that the first round of variations will be made mid 2009

64. Mapping the statewide land- based requirements Clearly articulated land based criteria or spatial information in the SEPP means it should be an easy win for using GIS to make fast determinations This in turn will support online delivery of ePlanning Councils will need to gather this data from the relevant custodians

65. Statewide Application – Land Based Exclusions

66. Statewide Application – Zone Requirements

67. Statewide Application – Site Requirements

68. Data standards requirement and mapping the variations In addition to the statewide spatial criteria there is scope for consideration of local circumstances. Maps & data to be provided with the application for local exclusions and variations. The Department has drafted a standards document with the map and data requirements. For release on the date of commencement - 27 February 2009.

69. Complying Local Exclusions Front Set Back Cadastre 20/07/08 Complying Local Exclusion Cadastre 20/07/08

70. Complying Local Variations: FRONT SET BACKS Front Set Back Cadastre 20/07/08

71. Complying Local Variations: SIDE SET BACKS Side Set Backs Cadastre 20/07/08

72. Complying Local Variations: LANDSCAPED AREAS Landscaped Areas Cadastre 20/07/08

73. Local Development Performance Monitoring The Department will be monitoring the uptake of complying development in the 2009-2010 reporting period. There have been minor changes in the reporting requirements to measure the uptake of complying development under the Codes SEPP.

74. Note on council website To ensure an orderly transition, councils should include the following note on councils’ website and on any printed copies of its existing exempt and complying LEP or DCP (and any deemed environmental planning instrument).

75. Note for council website State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Codes SEPP has State-wide application and commences on 27 February 2009. Consequently, from that date the exempt development provisions (for the development types covered by the Codes SEPP) in [insert name of relevant LEP or DCP] will no longer apply. A copy of the Codes SEPP is available at: www.planning.nsw.gov.au/housingcode Further information on the General Housing Code is available at www.planning.nsw.gov.au/housingcode For further information please email planningreform@planning.nsw.gov.au or call the Department of Planning’s Information Centre on 9228 6333.

76. Randwick City Council A business unit set up by Randwick City Council dedicated to certification work including complying development certificates, construction certificates and inspections. BUILDING CERTIFICATION SERVICES

78. Code education Implementation Workshops – February 2009 Practitioner Workshops Aimed at housing industry practitioners including people undertaking certification work, architects and building designers and planners and will include detailed technical content relating to the NSW Housing Code and the SEPP Council Workshops Aimed at council staff and will include an overview of the NSW Housing Code and the SEPP plus content relating to the commencement of the code on 27 February 2009 focusing on the process for nomination of local exclusions and local variations. Strategic planners and GIS officers are encouraged to attend Council Customer Service Workshops Aimed at council customer service staff and will include an overview of the NSW Housing Code and the SEPP plus the information available from the Department of Planning to assist customer service staff to communicate the code to the public Community Information Sessions A free information session on the NSW Housing Code for members of the community interested in building a new home or undertaking home improvements under the code

79. Code Education Further NSW Housing Code Implementation Workshops (as per demand) – March 2009 eLearning – NSW Housing Code – Mid 2009 onwards

80. 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

81. Key Dates 12 December 2008 – Codes SEPP proclaimed 27 February 2009 – SEPP commences March 2009 – call for nominations for local exclusions and local variations Mid 2009 – proclamation of any local exclusions and local variations, eLearning

82. 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 30 July 2010 – Local Development Performance Monitoring data (2009-2010) due

83. Questions

84. CPD Certificate

85. For more information Online www.planning.nsw.gov.au/housingcode Emailplanningreform@planning.nsw.gov.au PostalPlanning Reforms Department of Planning GPO Box 39, Sydney NSW 2001 Questions Department of Planning Information Centre freecall 1300 305 695 or 02 9228 6175