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NSW Housing Code Forum 12 December 2008

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

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NSW Housing Code Forum 12 December 2008

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  1. NSW Housing Code Forum 12 December 2008

  2. Chris Johnson Executive Director Special ProjectsDepartment of Planning

  3. Planning Reforms • 121days 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

  4. Consultation • 1000 people attended workshops June 2008 • 270 submissions received • 11 trial Councils • Implementation Advisory Committee • Complying Development Expert Panel • Local Government Planning Directors’ Group

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

  6. Housing Code based on current Codes in NSW

  7. Testing the Housing Code

  8. Testing the Housing Code

  9. Where does it apply?

  10. Key Dates • 12 December 08 - Code gazetted • Jan / Feb 09 - Workshops / training • 27 February 09 - Code commences • Mid 09 - Amendments to the Code • 2009 - live testing - amendments • 27 February 10 - review of SEPP

  11. Current Background • Housing Industry low production • Housing Affordability • Commonwealth Government’s First Homeowner Grant • World economic downturn

  12. 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

  13. 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

  14. 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

  15. 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

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

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

  18. Four Lots Sizes • Type A450m2 up to 600m2 and minimum primary road frontage of 12m wide • Type B600m2 up to 900m2 and minimum primary road frontage of 12m wide • Type C900m2 up to 1500m2 and minimum primary road frontage of 15m wide • Type D1500m2 and greater and minimum primary road frontage of 18m wide

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

  20. Site Coverage

  21. Maximum floor area

  22. Building Heights

  23. Front SetbacksExisting Neighbouring Houses within 40m

  24. Front SetbacksTypical minimum primary road setback

  25. Articulation Zone

  26. Secondary Street Setbacks

  27. Side Setbacks

  28. Side Setback Examples

  29. Side Setback Examples

  30. Rear Setbacks

  31. Landscaping

  32. Outdoor Living Area (Principal Private Open Space)

  33. Car Parking and access

  34. Earthworks and Drainage

  35. Lot drainage All stormwater / surface water run-off from new dwellings, alterations and additions, or ancillary development must be gravity fed via a charged system to: • Street drainage system • Inter-allotment drainage system • On-site disposal system where approved

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

  37. Key Controls PAGE 41 | 12 DECEMBER 2008

  38. 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

  39. Examples of Exempt Development

  40. Local Variations • Front setback • Side setback • Landscaping

  41. 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

  42. 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

  43. 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

  44. 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

  45. 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

  46. 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

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