Draft Residential Development Code

 

10 day planning approvals for home alterations and additions and new dwellings

As part of its Planning Reform 2008 package, the State Government is proposing to greatly speed the process for gaining approval for home alterations/additions and for new dwellings, provided they are in designated zones and meet certain conditions.

This will be done through the introduction of a Residential Development Code, which will be used by council staff to assess for planning consent. A Discussion Draft of the Code has been released for three months of consultation, until 12 September 2008 (see below).

How will the Code make approvals faster?

If a proposal is of the right type, in the right zone and meets the requirements of the Residential Code, planning consent must be issued within 10 working days of the application being lodged. Building consent will still also be needed for the proposal, which (provided the proposal meets the Building Code requirements) will be issued within 20 working days.

Altogether, a proposed home alteration/addition or a new home in the right zone which meets the Residential Code and building requirements will be approved within 30 working days.

When will it be introduced?

The Residential Code is proposed to be introduced in stages, with the first stage expected to begin on 1 March 2009.

In Stage 1 the Code will apply:

  • to new dwellings only in zones to be agreed with local councils, but
  • for home alterations and additions in most Residential and Township Zones and Policy Areas.

In subsequent stages, the Code will be extended for new dwellings to more areas.

Are there places it won't apply?

The Code will not apply in State Heritage Places, State Heritage Areas, Local Heritage Places, or Historic (Conservation) Zones or Policy Areas. It will not apply in bushfire protection zones or areas. The Code will also not apply unless the site has been approved for unrestricted residential use in accordance with the site contamination provisions of the Environment Protection Act 1993. The Code will not apply non-residential Zones or Policy Areas.

There will also be a special process to protect character areas which aren’t heritage areas, but where new dwellings could have an impact on the desired character of an area.

This process will involve extensive consultation with councils, and local variations being incorporated into the Residential Code for different areas.

This process will determine the timing and implementation of later stages of the Code, which will encompass the Code’s wider application for new dwellings. The character consultation process will begin in October 2008. It is expected that completing the character assessment process will take until about September 2009.

What sort of houses will the Code apply to?

The Code will apply to new detached dwellings, semi-detached dwellings and row dwellings (for example, townhouses) which meet certain conditions (such as height and setback requirements), and to alterations or additions to the same sorts of dwellings.

The Code will not apply to residential flats or apartment buildings, or to group dwellings (like retirement villages).

What are the requirements in the Code?

The Code contains measurable requirements (called ‘performance controls’) for proposed homes or home improvements regarding:

  • Site configuration (the minimum size of blocks)
  • Site coverage (how much of a block a dwelling can cover)
  • Setbacks (the required space from property boundaries)
  • Building height (only up to two storeys) and visual privacy
  • Private Open Space (a minimum requirement)
  • Car parking
  • Service connections

Many of the requirements are explained in this Guide; they are detailed in the Code itself:

The Residential Code does not contain requirements like energy and water efficiency which, instead, appear in the Building Code.

The standards in the Code must be met for a proposal to be complying with the Code.

It is the responsibility of the applicant to provide all supporting plans and documentation to fully demonstrate how the proposed development satisfies each performance control.

Where provisions in the Code and a Development Plan conflict, the Code will override the provisions of the relevant Development Plan.

Further explanation of the Code appears in the documents below.

Other reforms

The Government is also making the approval process for minor home renovations easier. See the Exempt Development and Building Consent Only pages for detail.

Draft Residential Development Code

Draft lists of matters to be on the ‘Exempt’ and ‘Building Consent Only’ lists have been released together with a Draft of the Residential Development Code for testing and comment until 12 September 2008. The lists appear as Appendices in the Discussion Draft of the Code.

These lists will be finalised in October, with the new ‘Exempt’ list expected to come into effect from 1 January 2009 and the ‘Building Consent Only’ list expected to come into effect from 1 March 2009. Stage 1 of the Code expected to be active from 1 March 2009. Further consultation on subsequent stages of the Code’s implementation will occur later.

Comment on the Draft lists and Code should be provided in writing and submitted to:

Submissions should be received by Friday 12 September 2008.

Further information