NEWS - NSW Planning Reforms Update
NSW Housing Code
The NSW planning reforms are proceeding apace with the NSW Housing Code taking effect from 27 February 2009. The implementation of the first stage of the Code follows gazettal of State Environmental Planning Policy (Exempt and Complying Development) 2008 (The SEPP) on 12 December 2008.
In a media release on 3 February 2009 Planning Minister Kristina Keneally said:
" the new housing code will slash housing approval red tape, and the road show will be conducted in the lead up to the code's introduction on February 27 2009."
"The road show will show people how they can get their house approved within 10 days, instead of an average of 120 days under the current system," Ms Keneally said.
"The new Housing Code outlines how new single-storey detached houses, two-storey detached houses and home alterations on lots 450 sq/m and greater, can receive approval in ten days.
"It also outlines how 41 different types of minor improvements, such as garden sheds or solar water heaters, can proceed without going through the formal development application process."
Source: Media Release the Hon Kristina Keneally MP, extracted from Dept of Planning website
The code aims to fast track house approvals saving time and money. The rules relate to new single and two houses as well as alterations and additions to existing houses up to two storeys. The controls set the ground rules for siting and design of single houses on blocks of land that are 450sqm or more in area.
The SEPP doesn't deal with the construction requirements for development because these are matters controlled by the Building Code of Australia.
Part 2 of the SEPP covers the General Exempt Development Code sets out development classes in alphabetical order. Development specified in the code can be carried without obtaining development consent from a consent authority if it complies with the development standards that apply to the development (which includes the deemed-to-satisfy provisions of the Building Code of Australia). Examples include air conditioning units, balconies and decks and carports, subject to compliance with the standards set out in the SEPP.
Part 3 includes the General Housing Code and complying development standards for new detached one and two storey houses and for alterations and additions to single and two storey detached houses. Standard Conditions for inclusion in a Complying Development Certificate are also contained in Part 3.
The development standards included in Part 3 are lot size (450m2 minimum) and other site perquisites, site coverage, floor area, verandah and balcony maxima, building heights and setbacks, landscaping, car parking, earthworks and drainage and ancillary development.
Please inquire for a preliminary opinion as to whether your proposal may be covered by the new rules. Click here to Contact Us
Planning Assessment Commission (PAC)
Also already in operation as part of the NSW Government's planning reforms the PAC is set up to take over various functions previously the responsibility of the Planning Minister.
The PAC's functions are set under The Environmental Planning and Assessment Act 1979 (EP&A Act) and includes the determination of project applications, when delegated by the Minister. An instrument of delegation has been given by the Minister to the PAC for the determination of a particular class of project applications.
The PAC is also able to provide advice to the Minister on a variety of planning and development matters pursuant to the provisions of the Planning Act.
LAND & ENVIRONMENT COURT PLANNING PRINCIPLES
In addition to the usual range of planning instruments and policies considered as part of the development assessment process such as State Environmental Planning Policies, Regional Environmental Plans, Local Environmental Plans and Development Control Plans, the Land & Environment Court has determined in actual cases numerous planning principles. The court has defined planning principles thus:
What is a 'planning principle'?
A planning principle is:
- statement of a desirable outcome from;
- a chain of reasoning aimed at reaching; or
- a list of appropriate matters to be considered in making a planning decision.
While planning principles are stated in general terms, they may be applied to particular cases to promote consistency. Planning principles are not legally binding and they do not prevail over councils' plans and policies.
Planning principles assist when making a planning decision – including:
- where there is a void in policy; or
- where policies expressed in qualitative terms allow for more than one interpretation; or
- where policies lack clarity.
Source: NSW Land & Environment Court website
We can provide advice as to the applicability of the Court’s Principles to your case. Click here to contact us
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