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NSW Housing Code Practitioners Workshop February 2009

NSW Housing Code Practitioners Workshop February 2009. Chris Johnson Chris Summers Aoife Wynter Department of Planning. Please turn off your mobile phone.

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NSW Housing Code Practitioners Workshop February 2009

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  1. NSW Housing Code Practitioners Workshop February 2009

  2. Chris JohnsonChris SummersAoife Wynter Department of Planning

  3. Please turn off yourmobile phone.

  4. To provide practitioners with the necessary tools and knowledge to implement the NSW Housing Code and State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (“Codes SEPP”) Workshop aim

  5. The NSW Housing Code The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (“Codes SEPP”) How to apply the Codes SEPP Future amendments including local variations and exclusions Further information and training Workshop overview

  6. 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 450m2and 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 The NSW Housing Code

  7. Information Pack to Practitioners • NSW Housing Code Forum – 12 Dec 2008 • Information Pack – distributed 19 Dec 2008: Codes SEPP, NSW Housing Code - Guide to complying development for detached housing, Fact Sheets and DVD

  8. 3. www.planning.nsw.gov.au/housingcode Information Pack to Practitioners(cont)

  9. Further NSW Housing Code Implementation Workshops (as per demand) – March 2009 Practitioner Folder – March 2009 Information Pack to Practitioners (cont)

  10. Information Pack to Practitioners(cont) • Information brochure – late February 2009

  11. Information Pack to Practitioners (cont) • Exempt Development Fact Sheets – April 2009 • Consumer DVD – mid 2009

  12. Information Pack to Practitioners (cont) eLearning – NSW Housing Code – Mid 2009 ePlanning– NSW Housing Code online - 2010

  13. 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

  14. 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 Legislative Context (cont.)

  15. 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 Commencement of Exempt and Complying Development

  16. 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 EXEMPT

  17. 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 Approvals after 27 February 2009 COMPLYING

  18. 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 EXEMPT

  19. 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 Approvals after 27 February 2010 COMPLYING

  20. Architects/designers/draftsmen Accredited certifiers Council officers Practitioner’s responsibilities

  21. Other points to consider whether complying development applies: Other points to consider • It is not a merit based assessment • You cannot rely on local knowledge or visual checks • Ensure that plans accurately reflect the site characteristics and proposed development

  22. 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

  23. 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

  24. 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

  25. What sites are excluded?Complying Development 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

  26. Exempt Development Code • Development that: • Has minimal environmental impact • Does not require planning approval if it meets • defined criteria • Is not on environmentally sensitive land • Meets deemed-to satisfy BCA requirements • Meets manufacturer’s specifications • Other approvals

  27. Examples of Exempt Development

  28. Single and two storey detached dwelling houses on lots 450m2 or greater Alterations and additions Ancillary development General Housing Code (Complying Development)

  29. Does the site meet the lot requirements for complying development? Is the development permissible in the zone? What is the lot size? Is the site sewered? Is the lot a battle axe block? Does the proposed development include a basement? Does the lot have access to a public road? Site requirements

  30. Where does it apply?

  31. 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 zones

  32. Name land Permitted land uses use zone R1 Variety of residential housing types R2 Primary dwelling houses R3 Mix of dwelling houses and multi dwelling housing R4 Primarily residential flat buildings R5 Dwelling houses on large lots in a rural setting RU1 Primarily agriculture RU2 Compatible rural land uses including extensive agriculture RU3 Forestry land uses RU4 Compatible rural land uses incl. primary industry RU5 Rural village Equivalent zones

  33. Planning Certificate (previously known as Complying Development Requirement Certificate) • A Planning Certificate can be generated by a council • Identifies if complying development is permissible on a lot • It is not mandatory to have a Planning Certificate prior to issuing a CDC

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

  35. 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

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

  37. Site coverage

  38. Maximum floor area

  39. Building heights

  40. Front setbacksExisting neighbouring houses within 40m

  41. Front setbacksTypical minimum primary road setback

  42. Articulation zone

  43. Secondary street setbacks

  44. Side setbacks

  45. Side setback examples

  46. Side setback examples

  47. Rear setbacks

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