local variations and exclusions

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NSW Housing Code Council Customer Service
Officer Workshop February 2009
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Chris SummersAoife Wynter Department of Planning
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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
• Outlines how 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
• Also outlines how 40 types of minor developments
  around the home can proceed as exempt development
  without planning approval

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What is the NSW Housing Code?

• The NSW Housing Code is the term used to refer to
  State-wide exempt and complying development
  requirements and controls across NSW
• The NSW Housing Code is actually State
  Environmental Planning Policy (Exempt and
  Complying Development Codes) 2008

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Key benefits

• A faster system - approvals within 10 days, down
  from 121 days (average of Sydney councils) and 53
  days in regional areas)
• A simpler process that everyone can understand
• Allows councils to focus on bigger and more
  complex projects
• Provides first home owners the time to get their
  homes approved and to access Commonwealth and
  State first home owner grants
• Cost savings of approximately 6500 per
  application in Sydney and 2500 in regional areas
  (HIA estimate)
• Environmental gains

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Where does the Code apply?

• Complying development is an alternative to the
  Development Application (DA) process. Anyone can
  continue to submit a DA for a new home or
  extension if they prefer.
• The Code applies to the construction of new
  detached housing, housing extensions for single
  and two storey houses and other ancillary
  development on land 450 m² and greater.

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Legislative context

• Environmental Planning and Assessment Act 2008
  (Amendment Act) proclaimed on 25 June 2008
  commenced on 27 February 2009
• Environmental Planning and Assessment Amendment
  (Complying Development) Regulation 2009
  (Complying Development Regulation) proclaimed
  on 23 January 2009 commenced on 27 February
  2009
• Including amendments to s. 149 certificates
  (Planning Certificate) to include provisions for
  complying development

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Legislative Context (cont.)

• State Environmental Planning Policy (Exempt and
  Complying Development Codes) 2008 (Amendment No
  1) (Codes SEPP) with minor amendments commenced
  27 February 2009

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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

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Approvals after 27 February 2009
EXEMPT
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Approvals after 27 February 2009
COMPLYING
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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 manufacturers specifications

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Examples of Exempt Development
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What sites are excluded?

• Exempt Complying Development
• State Environmental Planning Policy (Kosciuszko
  National Park Alpine Resorts) 2007
• Warringah Local Environmental Plan 2000
• 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

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

• Land reserved under the National Parks and
  Wildlife Act 1974 or land to which Part 11 of the
  Act applies
• 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?Complying Development

• Heritage items or draft items
• Heritage conservation areas or draft areas
• Wilderness areas
• Land reserved for acquisition
• Unsewered land to which Drinking Water Catchments
  Regional Environmental Plan No 1 applies
• Land on Acid Sulfate Soils Map (Class 1/2)
• Bush fire prone land
• Flood control lots
• Excluded land identified by an EPI
• Land in a foreshore area

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What sites are excluded?Complying Development
Land identified by an environmental planning
instrument including within a

• buffer zone
• coastal erosion hazard
• difficult site
• ecologically sensitive area
• environmentally sensitive land
• foreshore land
• foreshore building line
• foreshore scenic protection area
• protected area
• scenic area, scenic preservation area and scenic
  protection area
• special area

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Where does it apply?
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(No Transcript)
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7 key rules

• Site requirements
• Building height
• Setbacks
• Landscaped area
• Car parking and access
• Earthworks and drainage
• Ancillary development

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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
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TYPE C 900m2 1500m2
TYPE A 450m2 600m2
TYPE B 600m2 900m2
TYPE D 1500m2 or greater
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Car parking and access
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Side setback examples
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Key controls
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Ancillary Development

• Demolition and removalof buildings
• Swimming Pools
• Fences

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Protecting neighbours and the amenity of the home
The controls in the Code are about protecting
neighbours but also maximising the amenity of
individual houses, to try to get a balance
between the two.
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Planning 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

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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
• Notify neighbours (within 40m) that a certificate
  has been issued, within 2 days
• Notice of the Issue of a Complying Development
  Certificate template is available on the
  Departments website www.planning.nsw.gov.au/housi
  ngcode

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Randwick City Council
BUILDING CERTIFICATION SERVICES

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

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Local exclusions
The Housing Code 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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Local exclusions nominations process
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Local variations

• Front setback
• Side setback
• Landscaping

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Local variations nominations process
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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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Your step by step process for a new house
single or two storey renovations
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Your step by step process for a new house
single or two storey renovations (cont.)
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NSW Housing Code information  

• Information Pack (SEPP, Guide and Facts Sheets) -
  from Department of Planning Information Centre or
  website
• Website - www.planning.nsw.gov.au/housingcode
• Applicant brochure - late Feb 2009
• Applicant fact sheets for Exempt Development
  Types - April 2009
• Information DVD for applicants introducing Exempt
  and Complying Development - mid 2009
• eLearning - online training for councils,
  practitioners and applicants - mid 2009
• ePlanning - NSW Housing Code online - 2010

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Information Packs available now
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www.planning.nsw.gov.au/housingcode
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Information Pack (cont)

• Information brochure March 2009

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Fact sheetsfor exempt development types April
2009
Applicant DVD mid 2009
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Review of the Code
The Housing Code will come into effect from 27
February 2009. Its anticipated that amendments
will be made in mid 2009 as a result of any local
variations and exclusions. Other minor
amendments may also be made during 2009 in
response to any minor issues that might arise and
particularly due to any unintended consequences.
Future updates will include small lots (less
than 450 m² and rural lots).
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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

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Key dates

• 12 December 2008 Codes SEPP gazetted
• 27 February 2009 SEPP commences
• February 2009 call for nominations for local
  exclusions and local variations
• 30 June 2009 call for nominations close
• Mid 2009 proclamation of any local exclusions
  and local variations, eLearning

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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

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Questions
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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 Department of Planning
www.planning.nsw.gov.au
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For more information
Online www.planning.nsw.gov.au/housingcode Emai
l planningreform_at_planning.nsw.gov.au Postal Plan
ning Reforms Department of Planning GPO Box
39, Sydney NSW 2001 Questions Department of
Planning Information Centre freecall 1300 305
695 or 02 9228 6175