NSW Housing Code

Council WorkshopFebruary 2009

Chris JohnsonChris Summers

Aoife Wynter

Department of Planning

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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:

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

Council Information Package1. 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

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

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:

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

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 450m2 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

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

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

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 2009EXEMPT

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

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

Approvals after 27 February 2010EXEMPT

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

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

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

Examples of Exempt Development

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

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

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

General Housing Code (Complying Development)

• Single and two storey detached dwelling houses on lots 450m2 or greater

• Alterations and additions

• Ancillary development

Where does it apply?

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

Equivalent zonesZONE PERMITTED USESR1 Variety of residential housing typesR2 Primary dwelling housesR3 Mix of dwelling houses and multi-dwelling

housingR4 Primarily residential flat buildingsR5 Dwelling houses on large lots in a rural

settingRU1 Primarily agricultureRU2 Compatible rural land uses including

extensive agricultureRU3 Forestry land usesRU4 Compatible rural land uses incl. primary

industryRU5 Rural village

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

7 Key Rules

• Site Requirements

• Building Height

• Setbacks

• Landscaped Area

• Car Parking and Access

• Earthworks and Drainage

• 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

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

Side Setback Examples

Rear Setbacks

Rear Setbacks

LandscapedArea

Outdoor Living Area (Principal Private Open Space)

Car Parking and access

Earthworks

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:

Ancillary Development

• Demolition and removalof buildings

• Swimming Pools

• Fences

Key Controls

Standard Conditions

• Conditions applying before works commence

• Conditions applying during the works

• Construction requirements

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

Neighbour Notification

• Good practice to notify neighbours before lodging any application to council / accredited certifier

• No requirement to notify neighbours priorto receiving a complying development certificate (CDC)

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

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

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

Local exclusions nominations process

Local variations

• Front setbacks

• Side setbacks for lots 900m2 and greater

• Landscaped area

The SEPP allows provision for three development standards to be varied to respond to local character:

Local variations nominations process

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

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

Statewide Application – Land Based Exclusions

Statewide Application – Zone Requirements

Statewide Application – Site Requirements

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.

Complying Local Exclusions

Front Set Back

Cadastre 20/07/08

Complying Local Exclusion

Cadastre 20/07/08

Complying Local Variations:

FRONT SET BACKS

Front Set Back

Cadastre 20/07/08

Complying Local Variations:

SIDE SET BACKS

Side Set Backs

Cadastre 20/07/08

Complying Local Variations:

LANDSCAPED AREAS

Landscaped Areas

Cadastre 20/07/08

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 underthe Codes SEPP.

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).

Note for council websiteState 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.

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

Code educationImplementation 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

Code Education

• Further NSW Housing Code Implementation Workshops (as per demand) – March 2009

• eLearning – NSW Housing Code – Mid 2009 onwards

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 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

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

Questions

CPD Certificate

For more information

Online www.planning.nsw.gov.au/housingcode

Email planningreform@planning.nsw.gov.au

Postal Planning ReformsDepartment of PlanningGPO Box 39, Sydney NSW 2001

Questions Department of Planning Information Centre freecall 1300 305 695 or 02 9228 6175