Draft NSW Housing and Commercial Building Codes
Introduction
On 8 May 2008, the NSW Government released the Draft NSW Housing and Commercial Building Codes (“the Codes”) for public comment. The object of each of the Codes is to clarify the planning system and expedite the process of obtaining development approval, in that applicants (who are small business owners, home builders and renovators) will not have to go through the complete development assessment/approval process as determined by a local council. Development approvals under each of the Codes can be determined by alternative approval authorities other than local councils.
Each of the Codes was created in response to criticism of the Government’s planning reform package which was considered to lack detail. Proponents of the Codes suggest that their implementation will bring greater certainty to neighbourhood amenity. Critics however, are of the opinion that if implemented, these Codes will function to manipulate the approval process to suit the scale of any proposed development.
The Codes were on exhibition until 4 July 2008.
Draft NSW Housing Code
The object of this Code is to allow homeowners to achieve approval of small scale home designs, within 10 days (provided such designs comply with the Code), in circumstances where the designs:
- ensure the protection of privacy and sunlight access for neighbours
- provide sufficient outdoor space
- do not overcrowd the block upon which they are to be constructed
This Code adopts objective development standards said to ensure that good design prevails and that the amenity of neighbours is preserved.
New homes and home renovations usually fall within the category of complying development (i.e. development which complies with pre-specified development standards). The assessment path for complying development set out in the Code provides an alternative method of obtaining development consent. If development can be classified as “complying development” under the Code, it can be approved within 10 days by an accredited certifier or by a local council acting as a certifier, without having to proceed to a full scale development application.
This Code also addresses exempt development, which is development of minimal environmental impact that does not require approval - provided it meets the criteria set out in the Code (e.g. carports, letterboxes, fences, awnings and solar water heaters).
It is intended that additional codes will be released over the next 12 months which will expand the categories of development that can be dealt with as exempt and complying development.
Under this Code, adjacent neighbours are to be issued with a “courtesy notification” before any building works begin. The Code sets out criteria for an envelope of space on a lot, within which building works can occur. It then provides objectives and guidelines for setbacks and height controls (amongst other things) for a typical house on an averaged size lot. Such criteria have been set out to ensure that any adjacent neighbours’ amenity is protected and maintained. It is anticipated that a series of codes will be developed over time for different house and lot sizes. Under this Code, all housing must also still comply with BASIX, which defines energy and water reduction targets and thermal comfort criteria.
If applicants seek to go beyond the limits of the Code in respect of bulk, scale or amenity impacts, then they can lodge a development application with the council and go through the traditional merit-based assessment.
Critics of the Code are concerned that its implementation will allow for anything to be built next door. Chris Johnson, former NSW Government Architect and director of the development of the NSW Housing Code, points out in his article in the Sydney Morning Herald on 9 June 2008, that this Code is “conservative” and only allows new houses that are “similar to others in the street”. This is in reference to the fact that in a single-storey area, the “code envelope” for a new dwelling will be controlled to the extent that any proposed setbacks and heights for new buildings will be in keeping with that which exists in the surrounding environment. According to Mr Johnson, it is not the intention of this Code to influence design character as such, despite the Code seeking to standardise setbacks and some lot sizes.
At the time of writing, heritage conservation areas and items have been excluded from this Code.
Draft NSW Commercial Code
The NSW Commercial Code addresses commercial and industrial exempt and complying development. It covers minor development (such as fences, letterboxes, carports and shade structures), other ancillary development and advertising signage, change of use (for example, change of use from “industrial” to “light industrial”) and internal alterations, which have little or no impact upon other occupiers of commercial or industrial space.
This Code provides a simple approval process which requires that if proposed development complies with the relevant criteria set out in the Code, it will warrant approval by an accredited certifier or by a local council acting as a certifier, without the need for a complete development application. The Code establishes a clear compliance path for streamlining approvals for simple forms of common commercial and industrial developments. It also standardises the application of common exempt and complying commercial and industrial development requirements across the State.
Conclusion
A code-based approach is not new, with many NSW councils having adopted it already. Other states have also already implemented standard state-wide codes (e.g. Western Australia adopted similar codes in 1991).
During the exhibition period, ten councils, including Randwick, Penrith, Blacktown and Sutherland agreed to trial the Draft Codes. The Minister for Planning has also foreshadowed that the Codes could be implemented through an enabling State Environmental Planning policy.
Author - Catherine Bracks
