PUBLIC EXHIBITION - Low Rise Medium Density Housing Code Planning Proposal

UPDATE

In July 2018, the State Government’s Low Rise Medium Density Housing Code (Code) came into effect, allowing one and two storey dual occupancies, manor houses (low rise apartment block) and terraces to be built under a fast track complying development approval. This approval can be issued within 20 days if the application complies with all the relevant requirements in the Code, providing no opportunity for the community to have their say.

The Low Rise Medium Density Housing Code (Code) was scheduled to commence in the Georges River Local Government Area (LGA) on 1 July 2019.

On 28 June 2019 Council was advised that State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) was amended to extend this deferral for 45 councils (one of which is Georges River) until 31 October 2019, to allow for an independent review to be undertaken of the Code.

Professor Roberta Ryan conducted the independent review of the Code. Following the release of the report of the independent review of the Low Rise Medium Density Code, the Department of Planning Industry and Environment (DPIE) has announced that the implementation of the Code will be deferred for 45 Councils until 1 July 2020.

This means the Code will not come into effect in GRC until July next year. Please be advised that the Georges River Council planning proposal relating to medium density housing ( removal of multi-unit housing from R2 zoned in the former Hurstville area/ specific areas in former Kogarah and standardising the dual occupancy lot size to 650 sqm ) will continue to assessed by DPIE, with the aim of the planning proposal being finalised and the provisions incorporated into the relevant LEPs.

A copy of the independent report prepared can be found on the DPIE website at - https://www.planning.nsw.gov.au/Policy-and-Legislation/Housing/Medium-Density-Housing/The-Low-Rise-Medium-Density-Housing-Code

Council's Planning Proposal

The Code applies to land where dual occupancies, multi-dwelling housing and residential flat buildings are permitted.

Council drafted a Planning Proposal to ensure that the character of local suburbs are retained and protected in response to the Code.

The Planning Proposal was on public exhibition from 1 May to 31 May 2019.

Council at its Meeting held 22/07/2019 considered the public submissions and resolved to vary the Planning Proposal as a result of Community Consultation (and as permitted by Section 3.35 of the Environmental Planning and Assessment Act 1979) and retain Item 19 of Schedule 1 Additional Permitted Uses under KLEP 2012 which permits Dual Occupancy (detached) and Multi Dwelling Housing development on varies land.

Council also resolved to adopt the Planning Proposal PP2018/0001 as varied and forward the Planning Proposal for gazettal to the Department of Planning and Environment in accordance with Section 3.36 of the Environmental Planning and Assessment Act, 1979.

The intended outcomes of the Planning Proposal are to:

• Prevent villas, townhouses, terraces and manor houses from being built in the R2 Low Density Residential zone of the former Hurstville Council area.
• Introducing a minimum lot size of 650sqm in the former Hurstville Council area so that it is consistent with the former Kogarah Council area. This proposed change does not affect land that is within the Scenic Foreshore Protection Area under HLEP 2012.
• Prevent villas, townhouses, terraces and manor houses from being built on land listed under Items 17 and 18 of Schedule 1 Additional Permitted Uses of KLEP 2012.
• Correct Item 19 of Schedule 1 Additional Permitted Uses of KLEP 2012
• To remove the term dual occupancy (detached) from specified residential lots of land located in the former Kogarah Council area, as dual occupancies are already permitted under KLEP 2012