The NSW government has finalised the Low Rise Medium Density Housing Code and Design Guide that were the subject of consultation during 2016. This code allows one and two storey dual occupancies, manor houses and terraces to be built using the complying development approval pathway. Unless the type of development is not permitted in a residential zone under a council’s Local Environment Plan (LEP) a single dwelling can be redeveloped into 2, 3 or 4 dwellings depending on the size of the block. Design guidelines will have to be met but councils will not have control on the rate of take up of this opportunity.

The code is due to take effect in July but local concerns about congestion and over-development have become so great that the government was forced to defer implementation in four council areas. The deferral is only for a year however. This applies to Ryde, Lane Cove, Canterbury Bankstown and Northern Beaches but other councils are also asking for a deferral. Many areas of Sydney are struggling to cope with recent heavy development and infrastructure is inadequate. Is the one year deferral enough time to catch up?

Some councils, like Ku-ring-gai, already have provisions in their LEP that prevent this type of development in low density residential zones. Other councils want (and need) to be able to control the location of this infill housing option and are still working on a housing strategy that would define where this new category of development could occur. These are the councils that are asking for a deferral. They have just woken up to the potential consequences.

STEP’s submissions on this new type of complying development criticised the ad hoc nature of the application of the code and the broad implications of converting low density into higher density housing. There could be a huge rush of landowners taking up the opportunity to expand the value of their property. Councils need to able to specify areas where this type of development is not suitable, for example, because it does not fit in with the topography or character of particular areas or there is insufficient transport. At least the NSW government has recognised that councils need more control.

Design Guide Improvements

The Design Guide has been developed in partnership with the Government Architect’s Office, and aims to improve design by addressing layout, landscaping, private open space, light, natural ventilation and privacy.

The Design Guide has been improved by defining minimum standards for greenery on the blocks. The government has finally taken on board the importance of trees and gardens in reducing the heat island effect and improving local amenity. The guide specifies:

• minimum landscaped areas
• retention of trees especially along a boundary except where removal is approved by council
• planting of a tree in the front yard if the street setback is 3 m or more (mature height 5 m) and in the back yard (mature height 8 m)
• minimum soil volume to support the trees
• an ongoing maintenance plan

The ongoing question will be how that can these guidelines be enforced and the gardens kept alive. Councils will have a big responsibility perhaps?