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NSW Housing Code Council Customer Service Officer Workshop February 2009

NSW Housing Code Council Customer Service Officer Workshop February 2009. Chris Summers Aoife Wynter Department of Planning. The Exempt Development Code and the General Housing Code as contained in the Codes SEPP are known together as the ‘NSW Housing Code’

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NSW Housing Code Council Customer Service Officer Workshop February 2009

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  1. NSW Housing Code Council Customer Service Officer Workshop February 2009

  2. Chris SummersAoife Wynter Department of Planning

  3. 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 ascomplying 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 The NSW Housing Code

  4. 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 What is the NSW Housing Code?

  5. 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 Key benefits

  6. 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. Where does the Code apply?

  7. 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

  8. 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.)

  9. 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

  10. 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

  11. 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

  12. 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

  13. Examples of Exempt Development

  14. 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 international significance or World Heritage • Land within 100m of Coastal Wetlands, Littoral Rainforests, aquatic reserves, marine parks, wetlands of international significance or World Heritage

  15. What sites are excluded? (cont.) • 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

  16. 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

  17. 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

  18. Where does it apply?

  19. 7 key rules • Site requirements • Building height • Setbacks • Landscaped area • Car parking and access • Earthworks and drainage • Ancillary development

  20. 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

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

  22. Car parking and access

  23. Side setback examples

  24. Key controls

  25. Ancillary Development • Demolition and removalof buildings • Swimming Pools • Fences

  26. 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.

  27. Planning Certificate (previously known as Complying Development Requirement Certificate) • A Planning Certificate indicates whether complying development is permissibleon 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

  28. 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 (within40m) that a certificate has been issued, within 2 days

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

  30. 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

  31. Local exclusions nominations process

  32. Local variations • Front setback • Side setback • Landscaping

  33. Local variations nominations process

  34. 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

  35. Your step by step process for a new house – single or two storey renovations

  36. Your step by step process for a new house – single or two storey renovations (cont.)

  37. Information Pack (SEPP, Guide and Facts Sheets) - from Department of Planning Information Centre or website Website - www.planning.nsw.gov.au/housingcode Applicantbrochure - 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 NSW Housing Code information

  38. Information Packs – available now

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

  40. Information brochure – late Feb 2009

  41. Fact sheetsfor exempt development types – April 2009 Applicant DVD – mid 2009

  42. Review of the Code The Housing Code will come into effect from 27 February 2009. It’s 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).

  43. 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

  44. 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

  45. 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 Key dates (cont.)

  46. Questions

  47. 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 Planningwww.planning.nsw.gov.au

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

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