Changes to Exempt and
Complying Development
Information Sessions for Council & Industry Practitioners
January 2014 – Febru...
Today’s presenters

Marcus Ray – Executive Director, Planning Reform, General Counsel

Shayne Watson – Director, Assessmen...
Today’s program
•
•
•
•

New planning system
Changes to key requirements - Questions
Exempt development - Questions
New re...
New Planning System
New Planning System
Outline of development types & who will determined them
Development type

Determined by

Exempt develo...
New Planning System
Exempt & complying development in new local plans
• Specific sections in new local plans for exempt &
...
New Planning System
Allowing greater local variations
• Work underway to consider how current development
standards can in...
Changes to Key
Requirements
Changes to Key Requirements
Exempt and Complying Development SEPP
Commenced on 27 February 2009 and included:
•
•

The Exe...
Changes to Key Requirements
Purpose of the amendment
• New industrial buildings and additions to commercial and
industrial...
Changes to Key Requirements
Transitional arrangements
• Commencement date for the SEPP and Regulation
amendments: 22 Febru...
Changes to Key Requirements
Sites excluded from complying development
• No change to major exclusions:
 Critical habitats...
Changes to Key Requirements
Land–based exclusions
• Land identified in an environmental planning instrument
• Definition o...
Changes to Key Requirements
Suspension of certain covenants
• Model clause from standard instrument reworked for exempt
an...
Changes to Key Requirements
Section 149 planning certificates
• Must include information on new/amended development codes
...
Exempt Development
Exempt Development

New and amended exempt development types
• Changes of use - specific land uses of similar intensity

...
Exempt Development
Aerials, antennae and communication dishes

18
Exempt Development

Fences

19
Exempt Development
Earthworks
• Up to 600mm above or below ground level
• Max depth of fill = 150mm (not more than 25% sit...
Exempt Development

Subdivision
Minor land subdivision:
• widening a road, moving of a lot boundary,
• creating a public r...
Exempt Development
Waterways structures
• Minor alterations, repairs and maintenance to existing
boatsheds, jetties, marin...
Exempt Development
Advertising & Signage Exempt Development Code

23
Exempt Development

24
Exempt Development
Temporary Uses & Structures Exempt Development Code
• Tents, Marquees and Booths for private or communi...
New Requirements for
Complying Development
Important requirements for lodging a CDC
Pre-requisites for complying development
• Existing requirements






Flood ...
Important requirements for lodging a CDC
Easement
Protection
Applies where
development standard
specifies setback to
regis...
Important requirements for lodging a CDC
Building
Upgrade

Developer to obtain report from independent accredited
certifie...
Important requirements for lodging a CDC
RMS Certificate

Developer applies to RMS for certificate

Applies:
• New industr...
Important requirements for lodging a CDC
Contaminated
Land
Applies:
• Change of use under
C&I Buildings
Alterations Code
(...
Important requirements for lodging a CDC
Water utility
notification
Applies:
• Change of use
under C&I Buildings
Alteratio...
Neighbour notification
Neighbour notification & consultation
• New requirement for advising neighbours about proposed
comp...
Neighbour notification

Advice of complying development proposals
•

Advice of complying development:

notice must be giv...
Neighbour notification
Neighbour notification
Notification of commencement of works
•

•
•

•

Neighbour notification of the commencement of work...
Conditions of approval
Conditions under EP&A Regulation
• Existing conditions to be imposed in specified circumstances


...
Conditions of approval
Development
Contributions
Applies to:
• Type of development
which is subject to
section 94 or 94A
C...
Conditions of approval
Payment of
Security
(Damage
deposit/bond)
Applies to:
• All new buildings
and additions over
$25,00...
Conditions of approval
Conditions under the SEPP
• Conditions for each code will be located in 5 separate
schedules at the...
Building Professionals
Board
Building Professionals Board
We accredit, advise and investigate
• Most complaints we get are about complying development
...
Building Professionals Board
Is it complying development?
• If in doubt, DON’T issue a CDC!


Don’t just rely on verbal a...
Building Professionals Board
We’re here to help
• Question about matters of professional practice?



Contact the Board
...
Commercial and
Industrial Development
Commercial & Industrial Development
Commercial & Industrial Alterations Code
Current provisions
•
•

Building alterations ...
Commercial & Industrial Development
Commercial & Industrial Alterations Code
• Ancillary development types


mechanical v...
Commercial & Industrial Development
Commercial & Industrial New Buildings & Additions Code
• Applies to all Business and I...
Commercial & Industrial Development
Commercial & Industrial New Buildings & Additions Code
• Key development standards det...
Commercial & Industrial Development
New Industrial buildings
• Maximum floor area:




new industrial buildings up to 2...
Commercial & Industrial Development
New Industrial buildings - Setbacks from residential
Additional setbacks determined by...
Commercial & Industrial Development
Additions to Commercial Buildings
• Maximum floor area of an addition



Retail purp...
Changes to the Housing
Codes
Changes to the Housing Codes
Purpose of amendments
• To address concerns raised in initial discussion paper and ongoing is...
Changes to the Housing Codes
Basements and storeys (including basement garages)

55
Changes to the Housing Codes

Angle less than
135º = corner lot

Angle more than 135º not a
corner lot

56
Changes to the Housing Codes
Side setbacks
• Encroachments into
setbacks amended
• Built to boundary for lots
10-12.5m

Fr...
Changes to the Housing Codes

Building Articulation
Primary Road
• Allowance for an articulation
zone
• Measured 1.5m into...
Changes to the Housing Codes
Balconies and privacy
Setback

YES

NO

1m - 2m

YES

YES

NO

N/A

0m - 1m

YES

NO

1m - 2m...
Changes to the Housing Codes
Privacy screens
 Balconies

 Windows

60
Changes to the Housing Codes

Detached studios
Maximum floor area
• Lot area < 350m² = 20m2
• Lot area >350m² = 35m2

Rear...
Changes to the Housing Codes
Earthworks: Excavation & Structural Support
• Up to 3m excavation and associated structural s...
Changes to the Housing Codes
Earthworks: Fill & Structural Support
Fill
• Max height 1m
• Contained by retaining wall with...
Changes to the Housing Codes
Tree removal
Heights
• Up to 8m for a new house
• Up to 6m for additions
Location
• Within 3m...
Changes to the Housing Codes
Tree protection
• ‘Protected tree’

• 3m building setback
from protected trees
• Tree protect...
Changes to the Housing Codes
Housing Alterations Code
• Internal alterations – expanded to allow alterations to
common are...
Other Complying
Development Codes
General Development Code
• Home (food) business – a home business (less than 10% of a dwelling)
that involves the manufact...
Subdivision Code

Changes to the Subdivision Code
• Existing provisions allow the strata subdivision of a building into
se...
Fire Safety Code
What is the Fire Safety Code?
A new part inserted into the SEPP which has three components:
1. Installati...
Fire Safety Code
Alteration to a hydraulic fire safety system
• Limited to modifications to fire hydrant systems, fire hos...
Fire Safety Code
Fire Alarm Communication Link Works
• Provisions formally contained in SEPP 4 have been transferred
to th...
What is the EHC

Certifiers | Project Home

Builders Planners | Architects
| Builders Developers &
Home Owners
How does it WORK

INVESTIGATE

PREPARE

LODGE

TRACK

planning
and
property
informatio
n

a complying
development
applicat...
E-Planning
Standardisin
g the
application
process

Fast,
online
access
24/7

Improved
access to the
NSW Housing
Code

Enha...
65
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councils
involved

As at 1st January
2013
www.electronichousingcode.com.au
For Assistance please go to:
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Helping practitioners understand changes to Exempt and Complying Development

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This presentation supports a series of information sessions the department has organised to help industry and council planning practitioners understand the recent changes to the Exempt and Complying Development Policy and the EP&A Regulation 2000.


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  • 10.45 - 11.15 (30 mins)
  • 10.05 - 10.15 (10 mins)
  •  
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  • 12.20 - 12.40 (20 mins)
  • Helping practitioners understand changes to Exempt and Complying Development

    1. 1. Changes to Exempt and Complying Development Information Sessions for Council & Industry Practitioners January 2014 – February 2014
    2. 2. Today’s presenters Marcus Ray – Executive Director, Planning Reform, General Counsel Shayne Watson – Director, Assessment Systems Michael Teoh – Senior Planner, Exempt & Complying Development Glenda Dunn – Senior Planner, Exempt & Complying Development Yin Ye – Policy Officer, Exempt & Complying Development Jonathon Lynch – Team Leader Accreditation, Building Professionals Board Michael Said – Senior Building Codes Officer, Building Systems Unit Gordon Bradford – Project Officer, E-planning 2
    3. 3. Today’s program • • • • New planning system Changes to key requirements - Questions Exempt development - Questions New requirements for complying development  Information to be lodged with a CDC - Questions  Neighbour notification - Questions  Conditions of approval - Questions • • • • • Break Building Professionals Board Commercial and industrial development - Questions Changes to the housing codes - Questions Other complying development codes - Questions E-planning Questions 3
    4. 4. New Planning System
    5. 5. New Planning System Outline of development types & who will determined them Development type Determined by Exempt development None required Complying development Councils & private certifiers Local development Councils & regional panels State significant development & State significant infrastructure Minister & Planning Assessment Commission • Notification of complying development will be as per these Regulation amendments • Mandatory minimum notification requirements for local development will apply 5
    6. 6. New Planning System Exempt & complying development in new local plans • Specific sections in new local plans for exempt & complying development are expected • State-wide provisions for exempt development:  Additional development types identified by council  Local exclusions and variations will be rare • State-wide provisions for complying development:  Councils to include additional development types to streamline approvals  Exclusions allowed where justified by significant character or environmental factors  Greater local variation will be facilitated 6
    7. 7. New Planning System Allowing greater local variations • Work underway to consider how current development standards can incorporate greater local variation • Greater planning powers for councils and communities • Ability to modify state-wide complying development to:   Tailor certain controls to reflect local character Include additional controls supported by local communities • Provided councils maintain the current level of growth of complying development approvals • Review of outcomes after 2 years of operation 7
    8. 8. Changes to Key Requirements
    9. 9. Changes to Key Requirements Exempt and Complying Development SEPP Commenced on 27 February 2009 and included: • • The Exempt Development Code - 41 development types The General Housing Code Stage 1 - 1 & 2 storey dwellings and ancillary development on lots greater than 450sqm Significant amendments made: • • • • • • Housing Alterations Code (September 2009) General Commercial and Industrial Code (September 2009) Subdivisions Code (June 2010) General Housing Code Stage 2: Small lots (February 2011) Rural Housing Code (February 2011) Demolition Code (February 2011) 9
    10. 10. Changes to Key Requirements Purpose of the amendment • New industrial buildings and additions to commercial and industrial buildings • Expand change of use and alterations to commercial buildings • Amendments to exempt development and housing codes • New exempt development codes   Advertising and Signage Temporary Uses and Structures • Repeal of redundant provisions in State policies    Repeal of 4 existing SEPPs Substantial repeal and renaming of the Temporary Structures SEPP Amendments to 19 other SEPPs 10
    11. 11. Changes to Key Requirements Transitional arrangements • Commencement date for the SEPP and Regulation amendments: 22 February 2014 • Equivalent land use zones for development under the Affordable Rental Housing SEPP – is retrospective. • A CDC lodged prior to commencement date is to be:    Assessed against the development standards of the unamended SEPP Processed under relevant procedural requirements in the unamended Regulation Determined with conditions imposed as per the unamended SEPP and unamended Regulation 11
    12. 12. Changes to Key Requirements Sites excluded from complying development • No change to major exclusions:  Critical habitats  Wilderness area (defined in the Wilderness Act 1987) • Change for exempt development and specified complying development within Environmentally sensitive areas • State and local heritage  Development enabled outside mapped or described area  s57 Heritage Act 1977 exemptions for State items 12
    13. 13. Changes to Key Requirements Land–based exclusions • Land identified in an environmental planning instrument • Definition of coastal erosion hazard • Unsewered land affected by the Sydney Drinking Water Catchment SEPP • Exempt development allowed on designated development • Development allowed on partially excluded land Local exclusions and variations • Exclusions and variations in Schedules 2- 5 of the SEPP • 16 requests by councils are being dealt with in the amendment 13
    14. 14. Changes to Key Requirements Suspension of certain covenants • Model clause from standard instrument reworked for exempt and complying development • Covenants requiring compliance with a conflicting development standards (i.e. cut and fill, height, floor area) are suspended and will not apply • Covenant not suspended if:  Imposed by Council (via subdivision consent) imposing development standards not covered by policy. I.e. use of materials, requiring pitched roofs  Imposed by former land owner 14
    15. 15. Changes to Key Requirements Section 149 planning certificates • Must include information on new/amended development codes • Development can now occur on lots affected by certain landbased restrictions if not on the part of the lot affected  Councils must identify lots affected by a land exclusion  Must also identify the extent, ie ‘wholly affected’ or ‘partially affected’ if affected by exclusions for: • • • •  Cl.1.17A (1)(c) – Wilderness Area Cl.1.17A (1)(d), 1.17A (2), (3) & (4) – SHR and EPI heritage items Cl.1.17A (1)(e) – Environmentally Sensitive Area Cl.1.19 – Specific Land Exemptions relevant to Parts 3, 3A, 4, 4A, and 5A If council does not have sufficient information a statement to this effect must be included in the s.149 15
    16. 16. Exempt Development
    17. 17. Exempt Development New and amended exempt development types • Changes of use - specific land uses of similar intensity  Also different types of places of public worship (SEPP 4) • Driveways and hard stand spaces • Pathways and paving • Roller shutter doors • Charity bins and recycling bins - Waste storage containers • Sculpture and artworks • Footpaths—outdoor dining and Mobile food and drink outlets  Controlled under LGAct or Roads Act approvals 17
    18. 18. Exempt Development Aerials, antennae and communication dishes 18
    19. 19. Exempt Development Fences 19
    20. 20. Exempt Development Earthworks • Up to 600mm above or below ground level • Max depth of fill = 150mm (not more than 25% site) • Setback to boundary and easements 20
    21. 21. Exempt Development Subdivision Minor land subdivision: • widening a road, moving of a lot boundary, • creating a public reserve, to excise land for public purposes. This work can not: • Create a residential lot, result in a lot smaller then allowed in the LEP, must not affect services, must not increase the fire risk to buildings. For moving of a lot boundary (boundary adjustment) • For rural and environmental land must only be a minor change of the area. • For residential, commercial or industrial land, must not change the area of either lot by more than 10% of the current size. 21
    22. 22. Exempt Development Waterways structures • Minor alterations, repairs and maintenance to existing boatsheds, jetties, marinas, pontoons, water recreation structures and wharf of boating facilities • Works include:  decking, handrails, ladders, or other non-load bearing element  non-structural internal or external alterations to a boat shed  emergency lighting and other equipment, and service pedestals  painting and similar treatments to protect structures 22
    23. 23. Exempt Development Advertising & Signage Exempt Development Code 23
    24. 24. Exempt Development 24
    25. 25. Exempt Development Temporary Uses & Structures Exempt Development Code • Tents, Marquees and Booths for private or community events • Stages or Platforms • Major event sites – additional temporary development • Scaffolding, hoarding and temporary construction site fences • Temporary Builders structures • Filming • Trading hours – temporary extensions for Christmas • Trading hours – temporary extension for licensed premises 25
    26. 26. New Requirements for Complying Development
    27. 27. Important requirements for lodging a CDC Pre-requisites for complying development • Existing requirements     Flood affected lots (flood level certificate) Bushfire prone land (BAL certificate) Approval for new driveway crossing (Roads Act approval) Approval for tree removal (Tree Preservation Order) • New pre-requisites to allow for additional development types      Protection of easements – requirement for a Certificate of Title Building upgrade report – Additional fire safety requirements RMS concurrence – New industrial buildings > 5,000m2 Statement from qualified person – site contamination assessment Requirements of the relevant water utility • Information requirements for CDC under Fire Safety Code 27
    28. 28. Important requirements for lodging a CDC Easement Protection Applies where development standard specifies setback to registered easement • General Housing Code (Part 3) • C&I Building Alterations Code (Part 5) • C&I New Buildings Code (Part 5A) Requirements:  Cl.4(1)(k) Sch 1 of the Regulation Developer obtains certificate of title for the land If the certificate of title includes a registered easement the title diagram for the lot is also required The certificate of title and the title diagram if required, must be lodged with the CDC application to the certifier Certifier must ensure that the development standards are met by confirming that the proposed buildings are not located over any registered easement The certifier approves the CDC application 28
    29. 29. Important requirements for lodging a CDC Building Upgrade Developer to obtain report from independent accredited certifier to identify any work to be carried out Applies: • Change of use or alterations >500m² of a pre-1993 building Report must identify: • any work to be carried out • other work as on-going strategy Requirements:  Cl.132A of the Regulation  Cl.154D of the Regulation Application for CDC lodged to include copy of report and plans, and must include works specified in report CDC approved and copy of report provided to Council Council may issue s.121 order for upgrade works, either: • for further works to be done immediately, or • as part of an on-going strategy Receipt from council that they received the report required by certifying authority prior issue of OC 29
    30. 30. Important requirements for lodging a CDC RMS Certificate Developer applies to RMS for certificate Applies: • New industrial RMS issue the certificate. building or May include conditions for on-site works or requirements, additions >5000m² or requirements for an agreement on or within 90m of a classified road CDC application is lodged with RMS certificate Requirements:  Cl.4(1)(k) Sch 1 of CDC conditions that include the requirements specified in the Regulation RMS certificate be met before work commences Condition:  Cl.136I of the Regulation Developer complies with CDC conditions 30
    31. 31. Important requirements for lodging a CDC Contaminated Land Applies: • Change of use under C&I Buildings Alterations Code (Part 5) • C&I New Buildings Code (Part 5A) Requirements in the Regulation:  Cl.3 (h) Sch 1  Cl.4(1)(l) Sch1,  Cl.4 (7) Sch1 Condition:  Cl.136J of the Regulation Applicant must identify historical land uses as part of the information requirements for CDC application If land used for types of uses specified in SEPP 55 Guidelines, developer gets report from qualified person Qualified person provides statement confirming whether land is suitable, or will be suitable for the use after specified remediation works Include a condition that the remediation requirements in qualified persons statement must be met Any remediation must be in accordance with the SEPP 55 and Guidelines Developer complies with CDC conditions 31
    32. 32. Important requirements for lodging a CDC Water utility notification Applies: • Change of use under C&I Buildings Alterations Code (Part 5) • C&I New Buildings Code (Part 5A) Condition:  17 of Schedule 8 Applicant notifies water utility and identifies water demand and waste water requirements Written notice or advice provided by the water utility of works/requirements to be part of development Water utility advice lodged with CDC and relevant on site works included and approved as part of the development Water utility will issue a notice of requirements under Sydney Water Act or Water Management Act All work must be satisfactorily completed Applicant obtains a s73 certificate from water utility and provides to PCA before Occupation Certificate is issued. 32
    33. 33. Neighbour notification Neighbour notification & consultation • New requirement for advising neighbours about proposed complying development in residential areas prior to approval. • The provision of this notice does not allow for objection rights. • Requirements are intended to encourage greater communication between applicants and their neighbours • Consultation with neighbours should occur at the earliest opportunity  preferably before detailed plans are drawn up and before an application is lodged. 33
    34. 34. Neighbour notification Advice of complying development proposals • Advice of complying development:  notice must be given by the certifying authority,  to the occupier of any dwelling within 20m of proposed development, and  14 days prior to approval. • This requirement applies:  to the demolition of a building under the SEPP,  to a new dwelling and additions to a dwelling under all planning instruments, including the Affordable Rental Housing SEPP, and  only to new dwellings within a rural or residential zone, and notice is only required to be given to dwellings within those zones. • This requirement will not apply in ‘residential release areas’ defined as:  Land Release and Urban Release Areas in an standard instrument LEP.  Sydney Region Growth Centres and Specified sites under the MD SEPP. 34
    35. 35. Neighbour notification
    36. 36. Neighbour notification Notification of commencement of works • • • • Neighbour notification of the commencement of work under a CDC:  notice must be provided by the person benefitting from the consent  to the occupier of any dwelling within 20m of proposed development,  7 days prior to the commencement or works. The requirement is only 2 days notice for sites within a ‘residential release area’. Imposed as a condition of approval on complying development as specified in cl136AB of the Regulation, and applies to:  the demolition of a building under the SEPP  a new building or an addition to a building under all planning instruments PCA must be satisfied that this pre-commencement condition has been met before the work commences – cl136N of the Regulation. 36
    37. 37. Conditions of approval Conditions under EP&A Regulation • Existing conditions to be imposed in specified circumstances   Clause 136A, 136B, 136C, 136D and 136E – no change Protection of adjoining buildings, structures and works (cl. 136H) • New conditions       Neighbour notification prior to commencement of works (cl. 136AB) Development accompanied by RMS certificate (cl. 136I) Development accompanied by contaminated land statement (cl. 136J) Payments of contributions or levies (cl. 136K & 136L) Payments of security (cl. 136M) Pre-conditions to be met prior to commencement of work (cl. 136N) 37
    38. 38. Conditions of approval Development Contributions Applies to: • Type of development which is subject to section 94 or 94A Contributions Plan  Cl.27(1A) of the Regulation Conditions:  Cl.136K & Cl.136L of the Regulation Section 149 planning certificate will identify relevant contributions plans applicable to the land Check whether s94 plan contains applicable levies to that type of development Include a condition requiring payment in accordance with the s.94 plan to be paid before work commences • Applicant contacts council • Council calculates the amount of the payment • Applicant pays council & provides receipt to PCA PCA must be satisfied this pre-commencement condition has been met.
    39. 39. Conditions of approval Payment of Security (Damage deposit/bond) Applies to: • All new buildings and additions over $25,000 Condition:  Cl.136M of the Regulation DA fees and charges published on council’s website include fees for payment of security for the same type of development in the same circumstances Impose condition requiring payment in accordance with fees and charges published at the time of determination • Applicant contacts council • Council calculates the amount of the payment • Applicant pays council & provides receipt to PCA PCA must be satisfied this pre-commencement condition has been met Applicant requests council to release security after works completed – less any specified inspection fee
    40. 40. Conditions of approval Conditions under the SEPP • Conditions for each code will be located in 5 separate schedules at the end of the SEPP. • Standardised terminology consistent across all schedules. • Conditions have been strengthened - particularly in relation to control of construction related impacts such as earthworks, soil erosion and sediment control and waste management. • Schedules structured to correspond to the construction stages for the development with conditions relating to:     Before works commence During works Before the issue of an occupation certificate Operational requirements 40
    41. 41. Building Professionals Board
    42. 42. Building Professionals Board We accredit, advise and investigate • Most complaints we get are about complying development • Most were about basic things … not complex issues … due to certifiers not following the correct process identified on the checklists and skipping steps. Great news! Most issues can be fixed NOW: - Adopt better processes and read the new policy carefully - Gather all relevant documents before issuing a CDC 42
    43. 43. Building Professionals Board Is it complying development? • If in doubt, DON’T issue a CDC!  Don’t just rely on verbal advice • Need help to understand the Exempt & Complying Development Policy?  Contact the team in DP&I 43
    44. 44. Building Professionals Board We’re here to help • Question about matters of professional practice?   Contact the Board www.bpb.nsw.gov.au (click on “Publications & forms”, then “Resources for certifiers”) 44
    45. 45. Commercial and Industrial Development
    46. 46. Commercial & Industrial Development Commercial & Industrial Alterations Code Current provisions • • Building alterations – internal commercial, light industry and warehouse distribution centres Change of use of premises – bulky goods, commercial premises, light industry, warehouse distribution centre an ancillary offices Changes allow for • Internal alterations  commercial offices, business premises, retail shops, industrial buildings, schools, universities, hospitals, registered club premises and other non-residential development. • First use and first fit out without there being a prior approved use. • Change of use are grouped into types of uses that can be changed to other uses of a similar or lesser intensity. 46
    47. 47. Commercial & Industrial Development Commercial & Industrial Alterations Code • Ancillary development types  mechanical ventilation systems, shop fronts and awnings, skylights and roof windows, projecting wall signs, free standing signs, earthworks and retaining walls, driveways, hardstands, paving, fences and garbage bin enclosures and sheds. • Important development standards       New use must be permissible in the zone, and not a pub, a small bar, an entertainment facility or a registered club. Alteration not to increase area of an entertainment venue Food or drink premises restricted to 50 seats – except in a food court. Existing conditions for noise, car parking, vehicular movement, traffic generation, loading, waste management and landscaping remain. Car parking to meet council controls or s94 contribution if applicable Hours of operation 47
    48. 48. Commercial & Industrial Development Commercial & Industrial New Buildings & Additions Code • Applies to all Business and Industrial Zones  New building, addition and external alteration for industry and warehouse and distribution centre – but not heavy industry.  Rear addition (not on a corner lot) and external additions to building use for commercial premises.  Exclusions apply to buffer area, river front, ecologically sensitive area, environmentally sensitive land or within a protected area, or a foreshore area • Key provisions for all development     Water utility requirements to be met as a pre-requisite Development requiring clearing of >1,000m² of vegetation cannot be complying development Tree removal up to 8m in height No buildings over registered easements 48
    49. 49. Commercial & Industrial Development Commercial & Industrial New Buildings & Additions Code • Key development standards determined by those established in the local council LEP • Where none are stated in the LEP those specified in the Code • Standards where this applies:      Building height – Council LEP or - 15m for industrial - 12m for commercial Floor space ratio – Council LEP or 1:1 Setbacks from classified road – Council LEP or 10m Car parking requirements – Council DCP or if none the RTA Guidelines Drainage requirements – Council DCP • Existing conditions on noise, car parking, vehicular movement, traffic generation, loading, waste management and landscaping must be complied with 49
    50. 50. Commercial & Industrial Development New Industrial buildings • Maximum floor area:    new industrial buildings up to 20,000m² additions to existing industrial buildings of up to 5000m² LEP restrictions on maximum floor area for specific uses continue to apply • Setbacks   Road setbacks determined by adjacent development (except classified road) Side setbacks only required where adjoining residential, reserves & rail • Design requirements:   façade treatment & articulation zone landscaping – also dealt with in conditions • Other development standards cover:    Caretaker flats Bunding Car parking & access, loading facilities & driveways, garbage & waste storage, earthworks, drainage, bush fire prone land and flood control lots 50
    51. 51. Commercial & Industrial Development New Industrial buildings - Setbacks from residential Additional setbacks determined by the height and area of the building Building area 0 – 1000m² Setback minimum 3m 1000m² – 5000m² 5m 50000m² – 10000m² 20m 10,000m² - 20,000m² 50m 51
    52. 52. Commercial & Industrial Development Additions to Commercial Buildings • Maximum floor area of an addition   Retail purposes can be up to 1000m² or 50% of existing Commercial office and business premises 2,500 m² or 50% of existing • Setbacks   Road setbacks determined by adjacent development (except classified road) Side setbacks only required where adjoining residential • Design requirements   Alterations on all façades - treatment must be similar to existing Landscaped areas – also dealt with in conditions • Other standards cover:  Car parking & access, loading facilities & driveways, garbage & waste storage, earthworks, drainage, bush fire prone land and flood control lots 52
    53. 53. Changes to the Housing Codes
    54. 54. Changes to the Housing Codes Purpose of amendments • To address concerns raised in initial discussion paper and ongoing issues received through Codes email/hotline • Resulted in changes to standards related to:     Basements and storeys Setbacks and corner lots Balconies and privacy Earthworks • New provisions for:    Detached studios Built to boundary requirements Development standards and protection measures for trees 54
    55. 55. Changes to the Housing Codes Basements and storeys (including basement garages) 55
    56. 56. Changes to the Housing Codes Angle less than 135º = corner lot Angle more than 135º not a corner lot 56
    57. 57. Changes to the Housing Codes Side setbacks • Encroachments into setbacks amended • Built to boundary for lots 10-12.5m Front / road setbacks • Clarify calculation of front setback • Garages, verandahs etc not used to determine setback 57
    58. 58. Changes to the Housing Codes Building Articulation Primary Road • Allowance for an articulation zone • Measured 1.5m into the min setback Secondary Roads • Requirement for articulation elements if less than 4.5 setback 58
    59. 59. Changes to the Housing Codes Balconies and privacy Setback YES NO 1m - 2m YES YES NO N/A 0m - 1m YES NO 1m - 2m YES NO 2m - 3m YES YES >3m NO N/A 0m - 1m YES NO 1m - 2m 6m+ Privacy Screen required? >2m 3m - 6m Allowed? 0m - 1m 0 - 3m Height YES NO 2m - 3m YES NO 3m-4m YES NO >4m NO N/A 59
    60. 60. Changes to the Housing Codes Privacy screens  Balconies  Windows 60
    61. 61. Changes to the Housing Codes Detached studios Maximum floor area • Lot area < 350m² = 20m2 • Lot area >350m² = 35m2 Rear lane 900mm Detached studio • Studios included in limit on habitable floor area for the site Maximum height • On/within 900mm of rear lane = 6m • All other locations = 3.6m Dwelling house 61
    62. 62. Changes to the Housing Codes Earthworks: Excavation & Structural Support • Up to 3m excavation and associated structural support • Setback varies based on depth excavation • Strengthened drainage requirements and protection of adjoining properties • Retaining walls to be separated by 2m 62
    63. 63. Changes to the Housing Codes Earthworks: Fill & Structural Support Fill • Max height 1m • Contained by retaining wall within 1.5m of dwelling • Retaining walls require certification by a professional engineer:  over 600mm if within 1m  over 1m in all other locations 63
    64. 64. Changes to the Housing Codes Tree removal Heights • Up to 8m for a new house • Up to 6m for additions Location • Within 3m of a building >25m2 Other restrictions • Not on significant tree register • Not required to be retained as a condition of consent 65
    65. 65. Changes to the Housing Codes Tree protection • ‘Protected tree’ • 3m building setback from protected trees • Tree protection measures required during construction • AS 4790 - 2009 • Tree guards 66
    66. 66. Changes to the Housing Codes Housing Alterations Code • Internal alterations – expanded to allow alterations to common areas of residential accommodation • External alterations – extended to all forms of residential accommodation o Restricted to the first three habitable storeys, other than for services and utilities o Any external alteration must be below the height limit o Setback and siting standards specified o Provisions facilitate access ramps and stair lifts 66
    67. 67. Other Complying Development Codes
    68. 68. General Development Code • Home (food) business – a home business (less than 10% of a dwelling) that involves the manufacture of food will be allowed as complying development provided it meets the requirement of the NSW Food Authority. • Stages, Platforms Tents, Marquees or booths for community events -– development standards for these temporary structures have transferred from Temporary Structures SEPP. • Sydney Olympic Park (major events) – internal and external alterations or additions to a major event venue transferred from Major Development SEPP. • Waterways Structures – structural repairs to, the replacement of, or the undertaking of maintenance work to specified structures, including work to any piles or slipway rails will now be complying development. 68
    69. 69. Subdivision Code Changes to the Subdivision Code • Existing provisions allow the strata subdivision of a building into separate strata units • The types of buildings included are:    Commercial offices, business, industrial and retail buildings. Residential buildings (townhouse developments, multi dwelling housing (apartment buildings and residential flat buildings), It does not include subdivision of a dual occupancy (2 dwellings on 1 lot) • Changes now clarify that:   multi dwelling housing, and approvals under former Part 3A can now be strata subdivided under this part of the SEPP. 69
    70. 70. Fire Safety Code What is the Fire Safety Code? A new part inserted into the SEPP which has three components: 1. Installation or extension to a fire sprinkler system in a residential aged care facility.   Provisions inserted on 1 January 2013 currently in the General Development Code Transferred into the new Code with provisions generally unchanged 2. Alteration to a hydraulic fire safety system. 3. Fire alarm communication link works. 70
    71. 71. Fire Safety Code Alteration to a hydraulic fire safety system • Limited to modifications to fire hydrant systems, fire hose reel systems, sprinkler systems and hydraulic fire suppression systems • Applies only where the mains water pressure will, or has been reduced by the relevant water utility. • Allows for the installation of, or modification to:     a fire main or other pipe work, or a fire water storage tank, or a fixed on-site fire pump set, or a fire brigade booster connection. 71
    72. 72. Fire Safety Code Fire Alarm Communication Link Works • Provisions formally contained in SEPP 4 have been transferred to the Fire Safety Code: • Applies to:  New connections and reconnections of fire alarm communication links.  Converting a fire alarm system connection with a private service provider to a different service provider.  Converting a fire alarm system connection to a different monitoring system of the same service provider. 72
    73. 73. What is the EHC Certifiers | Project Home Builders Planners | Architects | Builders Developers & Home Owners
    74. 74. How does it WORK INVESTIGATE PREPARE LODGE TRACK planning and property informatio n a complying development application a complying development application the whole proces s
    75. 75. E-Planning Standardisin g the application process Fast, online access 24/7 Improved access to the NSW Housing Code Enhanced data quality Investment certainty No need for paper
    76. 76. 65 48 councils involved As at 1st January 2013
    77. 77. www.electronichousingcode.com.au For Assistance please go to: http://ehc.zendesk.com
    78. 78. Close

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