FAQ

The State Government is seeking to build greater diversity of housing across all areas and to speed up the approval processes for new development.  In response the State Government have developed a suite of “complying” development standards, which allow what is considered to be low impact development to be assessed under Code provisions in a faster manner that a standard development application (DA).

The State Government has recently expanded the complying development Code to include a range of low rise medium density across almost all residential zones and the village zone.

Dual occupancy is form of housing most people are familiar with.  The Low Rise Medium Density Housing Code (the Code) introduces a number of new forms of development, each of these are defined as follows:

A dual occupancy is where 2 dwellings on one lot of land that are attached or detached to each other, but does not include a secondary dwelling which has a specific definition.

A manor house is a form of residential flat building containing 3 or 4 dwellings. A manor house is common is many Sydney areas and presents as a large two storey house.

Terraces are a form of multi-dwelling housing where all dwellings are attached and face, and are generally aligned along, 1 or more public roads.

The Code will apply (unless Council seeks to vary the application of the Code) to all properties where medium density development is already permitted under Council’s LEP, being within the following zones:

·  R1  General Residential;

·  R2  Low Density Residential;

·  R3  Medium Density Residential, and

·  RU5  Village.

The Code seeks to facilitate dual occupancies, manor houses and terraces.

The Code provides a range of key development standards including, but not limited to, lot size, maximum floor area, street frontage and building height and will permit these forms of housing on a minimum allotments size of 400 square metres.

While it is logical that medium density development occur in the R3 zone, and the R1 zone, where a range of medium density development is already permissible with consent, Council is concerned about the potential impact of including LRMD development in areas which have traditionally been low density residential suburbs and within some of the rural villages.

Currently, dual occupancy development within the R2 zone requires a minimum lot size of 900 square metres, or 500 square metres where the property is within 300 metres of a ‘business’ zone.

These controls are currently located in Tweed Development Control Plan 2008 (DCP); it is the intention of this planning proposal to transfer them into the LEP and have them also apply to manor houses and terraces.

The planning proposal now on exhibition seeks to amend the LEP to:

define where LRMD will occur in the R2 and RU5 zones, by amending the lot size requirements for the operation of the Code SEPP within these two zones, and

carry over Council’s current requirements for dual occupancies to LRMD housing within the R2 and RU5 zones.

In the R1 and R3 zones, the planning requirements of the Code SEPP will be applied.

While the DPE is seeking to increase the supply and diversity of housing, especially in Sydney, and improve housing diversity and affordability, the majority of the Tweed Shire residential land within the R2 and RU5 zones is low density housing typical of established suburban areas.

Incorporating medium density housing in the low density zone is broadly inconsistent with the objective of the zone, which is to provide low density housing.

The range of impacts which could be expected might include:

·  change to the character of these areas ·  closer and denser housing ·  increased traffic and parking impacts

·  demand on local services and facilities ·  increased demand for and pressure on public infrastructure, such as water and sewer servicing.

The planning provisions in the Code SEPP would also mean that instead of requiring a development application to be assessed by Council, any LRMD allows these this development as complying, potentially approved by a private certifier and with lesser public notification requirements.