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Low Rise Housing Diversity Code Changes Frequently Asked Questions


On 6 April 2018, the Minister for Planning announced changes to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 to introduce a Low Rise Housing Diversity Code (formerly known as Medium Density Housing Code) that will now commence on 1 July 2020. For more information please refer to the FAQs below.

What are the Low Rise Housing Diversity Code changes that are happening from 1 July 2020?

The State Environmental Planning Policy (SEPP) (Exempt and Complying Development Codes) 2008, Part 3B Low Rise Housing Diversity Code will commence in Ryde Local Government Area (LGA) from 1 July 2020.

This SEPP overrides much of the Ryde Local Environmental Plan (LEP), and will allow the following in R2 low density residential zones:

  • Manor houses (A two-storey residential flat building with a maximum of two storeys in height that contains three or four dwellings)
  • Dual occupancy (Two dwellings on one title, attached or detached, such as a duplex) – Retains the Ryde LEP minimum lot size of 580m2 and reduces the frontage width to a 15-metre width at the building line, or 12-metre width if there is rear vehicular access
  • A complying development certificate application for a manor house or dual occupancy development, using the SEPP controls, may be lodged with Council or a private certifier.

Is Council changing the LEP?

Council is proposing a change to the LEP (called a planning proposal) that will amend the above changes to the following:

  • Prevent the development of manor houses in R2 zones
  • Amend the dual occupancy planning controls to require:
    • A 750m2 lot size and minimum 12-metre lot frontage.

When will the Council changes to the LEP happen?

The planning proposal process takes a number of months, which includes public consultation.  It is not likely that the Council changes will be in force before the end of 2020.

What happens when I lodge a Development or Complying Development Certificate application and the LEP changes before my application is determined?

A development application (DA), or Complying Development Certificate (CDC) application, for a manor house or dual occupancy development, using the SEPP controls, can be lodged with Council or a private certifier from 1 July 2020 and until the proposed Council changes come into force (Gazetted).

Assessment of any application is made against the planning controls in force at the time of lodgement.  This means that if an application is lodged after 1 July 2020 and before the proposed LEP changes start, the application will be assessed under the SEPP controls and previous LEP, even if the LEP changes occur before the lodged application is determined.

Will Housing Code and LEP changes be included in Section 10.7 Planning Certificates issued by Council?

A person may apply, for a fee, to Council for a Section 10.7 Certificate (or Planning Certificate) for a parcel of land in the Ryde LGA.  A 10.7 Certificate lists State and Council related planning matters that affect the land.  As Legislation changes regularly, these Certificates are only valid at the time of issue. 

When the Housing Code SEPP commences in Ryde on 1 July 2020, all Section 10.7 Certificates issues from that date will include mention of that Code SEPP. 

Similarly, when Council proposes a change to the LEP, via a planning proposal, 10.7 Certificates issued from the date when that planning proposal commences public exhibition will note that the proposal is a draft amendment to the LEP.  From the date a planning proposal is finalised and published in the Government Gazette, 10.7 Certificates are issued with the draft amendment removed and refer to the Ryde LEP 2014 only as the finalised amendment becomes part of the LEP.

 

Last updated on 6 July 2020