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NSW Housing Code - Low Rise Housing Diversity Code


What does the Housing Code do?

Currently, Council’s controls in the R2 Low Density Residential zone include:

  • Multi-dwelling housing (villas, townhouses etc) is permitted on lots with a minimum area of 900 square metres and with a minimum frontage of 20 metres.
  • Attached dual occupancies are permitted on lots with a minimum area of 580 square metres and with a minimum frontage of 20 metres.

These developments require Council assessment against Council’s Development Control Plan.

The NSW Government’s Housing Code (Part 3B of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Medium Density Housing Code – Housing Code) changes permit the following land uses in the R2 Low Density Residential zone:

  • Manor Homes (2-storey flat buildings of 3-4 dwellings) will be permitted on lots with a minimum area of 600 square metres and with a minimum width of 15 metres at the building line.
  • Attached dual occupancies will be permitted on lots with a minimum area of 580 square metres and with a minimum width of 15 metres at the building line, or 12 metres if there is rear vehicular access.

These developments can be approved by Council or Private Certifiers. Developments must satisfy the standards defined in the Housing Code and the criteria specified in the associated Design Guide.

Draft Ryde Local Housing Strategy

Council prepared a draft Local Housing Strategy which found that the Housing Code changes would significantly increase the density within the R2 Low Density Residential zone in the Ryde LEP 2014.  As recommended by the Strategy, a planning proposal to prohibit Multi-Dwelling Housing (Manor Houses, Terraces, Villas, Townhouses etc) in the R2 zone and amend the planning controls relating to Dual Occupancy development was prepared.  Both the draft Strategy and planning proposal were placed public exhibition from 16 October to 16 November 2020.

On  Tuesday 15 December 2020, Council considered the two post exhibition reports for the Strategy and planning proposal and resolved the following:

That Council:

  1. That, in response to issues raised during the exhibition, Council amend the exhibited housing planning proposal in the following manner:-
    1. Decrease the minimum lot size for permissibility and subdivision of Dual Occupancy Development from 750m2 to 580m2 to increase the availability of this option to the community.
    2. Increase the minimum lot width for permissibility of Dual Occupancy development from 12 metres to 15 metres to better align Council’s LEP with the SEPP and to provide better design outcomes.
    3. Include in the Savings and Transitional provisions of the planning proposal the ability for Dual Occupancy development, either lodged but not determined, approved and not constructed, or existing and constructed, that meet the current Torrens Title subdivision requirements in RLEP 2014, be permitted to subdivide using the current LEP 2014 provisions of minimum 580m2 lot size. This savings provision is not to apply to new applications lodged after gazettal of this planning proposal (such new applications will be subject to the new provisions).
    4. Insert a time limit of 24 months in the Savings Clause.
  2. Council’s resolution be immediately forwarded to the Department of Planning, Industry and Environment and the amended planning proposal be submitted requesting that the Plan be made.
  3. Acknowledgement letters be sent to all those who lodged a submission advising them of the Council resolution and thanking them for their submission.
  4. Note the issues raised in the submissions relating to the Housing Strategy received during the public exhibition period and adopt the recommended amendments in the report made in response to those submissions.
  5. Adopt the inclusion of flexibility in the timing of delivery in the Local Housing Strategy identified in the addendum to the strategy, and a reduced 2021-2026 Housing Forecast/Target of 2,700 (a reduction of 1,700 from 4,400 suggested in the draft).
  6. Adopt the City of Ryde Local Housing Strategy, amended by this resolution, and forward a copy of the adopted Strategy to the Department of Planning, Industry and Environment for review and approval.
  7. Authorise the General Manager to make minor administrative and wording changes to the draft Housing Strategy that are consistent with the intent of this resolution, so that the Local Housing Strategy can be finalised.
  8. Review the Local Housing Strategy as soon as practicable following the 2021 Census updates to the population projections.
  9. That the Mayor, Councillor Laxale write to Minister Stokes requesting a special exemption for villas to be permissible in the R2 Zone.

NOTE: Point 9 in this resolution does NOT change the planning proposal. The Mayor will write to the Minister to request a specific exemption to permit villas. However, this is a separate process to the planning proposal and the outcome of that request is at the discretion of the Minister. 

When the planning proposal comes into force the development of Multi Dwelling Housing (Manor Houses, Terraces, Villas, Townhouses etc) in the R2 zone will not be permitted.

Summary of Council resolution

The principal outcomes of the above Council resolution are as follows:

  • Council adopted the Local Housing Strategy with some minor amendments as outlined in the report,
  • Council resolved to proceed with the finalisation of the planning proposal to:
    • Remove Multi Dwelling Housing (including Manor Houses, Terraces, Villas, Townhouses etc) as a permitted use in the R2 Zone,
    • Retain the existing minimum Lot Size for Dual Occupancy at 580m2,
    • Reduce the minimum Lot width for Dual Occupancy from 20m to 15m,
  • Torrens and Strata Title subdivision of approved Dual Occupancy will be permitted.

Please Note: The above changes do not come into force until the planning proposal is published in the Government Gazette.

The amended planning proposal has been sent to the Department of Planning, Industry and Environment requesting that they finalise the planning proposal and publish the changes in the Government Gazette.  When the changes come into force the website will be updated.

Definitions

Low rise medium density residential development in the Low Rise Housing Diversity Code and the Low Rise Medium Density Design Guide (Medium Density Design Guide) means:

  • Dual occupancies
  • Manor houses and 'one above the other' dual occupancies - buildings of between 2-4 dwellings
  • Multi dwelling housing (terraces) It is development that contains two or more dwellings and is no more than two storeys in height.

Dual occupancy

Dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling. dual occupancy (detached) means 2 detached dwellings on one lot of land, but does not include a secondary dwelling.

Manor house

A building containing 3 or 4 dwellings, where:

  • Each dwelling is attached to another dwelling by a common wall or floor, and
  • At least 1 dwelling is partially or wholly located above another dwelling, and
  • The building contains no more than 2 storeys (excluding any basement).

Multi dwelling housing (terraces)

3 or more dwellings on one lot of land where:

  • Each dwelling as access at ground level
  • No part of a dwelling is above any part of any other dwelling, and,

Dwellings face and generally follow the alignment of one or more public roads.

Last updated on 1 March 2021