Australia Day Seminar 2019

Low Rise Medium Density Presentation – Australia Day Seminar 2019 – Adrian Barden

The Low Rise Medium Density Housing Code is designed to save money and time in meeting supply demand for the missing middle including dual occupancy, terraces and a new housing type – manor house.

Firstly, apply for a Section 10.7 certificate (formerly Section 149). You can also use the planning portal (https://www.planningportal.nsw.gov.au) to download similar information. The section 10.7 certificate will list whether the Low Rise Medium Density Housing Code applies and whether the Subdivision Code applies.

Check the zoning of the land. An Environmental Planning Instrument (EPI) such as a Local Environmental Plan (LEP) will specify the type of development that is permitted with consent within that zoning. To undertake development under the Low Rise Medium Density Housing Code (LRMDC) the permitted use will typically be “dual occupancy” or “multi dwelling housing”.

You will then need to check the land based requirements for complying development that are found in Clauses 1.18 and 1.19 of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP). Clause 1.18 may require seeking independent legal advice as to the permissibility of the development. Clause 1.19 refers to schedule 5 maps that may apply to certain lands. Eg visual amenity zoning in Mosman.

A guide has been produced by NSW Planning and Environment specifying the requirements for each type of dwelling. The guide steps through all the design criteria including maximum height of building, floor space ratio, front and side setbacks, rear setbacks, landscaped area, privacy, ventilation and amenity. A development will need to comply with the development standards and the design criteria. Compliance with each of these components will need to be formalised in the Design Verification Statement.

Separate applications can be made to a building certifier for the building works and a subdivision certifier for the subdivision works. Upon obtaining a Part 3B Compliance Certificate for the building works, a Compliance Certificate for subdivision works can then be issued.

The Subdivision Code has separate requirements for Strata and for Torrens Title Subdivision. Torrens title subdivision will require the construction of the driveways, fences and other subdivision works. Any construction within the public roadway will need to be covered by a separate application to the road’s authority under S138 of the Road Act. Servicing certificates are also required. The full list of conditions is contained in schedule 6B of the Code SEPP.

Link to PowerPoint presentation – CLICK HERE