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UPDATE – Low Rise Medium Density Housing Code Deferred for 50 Councils

We previously advised of the NSW Government plans to introduce the Low Rise Medium Density Housing Code for all Councils across the State.

Unfortunately, the State Government announced on 6 July 2018 that the Code will only apply to 7 Sydney Councils and the Code will be deferred from release for 47 Councils until 1 July 2019. One week later on 13 July 2018, the State Government deferred 3 more Councils (Liverpool, Penrith, and Bathurst Regional).

The Code now only applies to the following 5 Councils in the Sydney Metropolitan Area:

  • Blacktown
  • Fairfield
  • Waverley
  • Ku-ring-gai
  • North Sydney

Development industry advocates have raised concerns with the delay of the much anticipated Code and the potential impacts on housing supply and housing affordability.

This code, which will be incorporated into the existing Exempt and Complying Development State Environmental Planning Policy, will make it easier for developers and property owners to build and subdivide dual occupancies, manor houses, and terrace houses, without the need to apply to Council for a development application. The subdivision of these developments will be able to be undertaken in either strata title or Torrens title formats, subject to certain criteria.

Presently, all Torrens title subdivisions and some strata subdivisions require approval through Council via a Development Application. This process is not only time consuming, but costly for the applicant and can result in a multitude of consent conditions being imposed by Council on the applicant. Under the new Low Rise Medium Density Housing Code, developments that comply with the relevant criteria can be approved for construction through a Complying Development Certificate issued by an accredited certifier. A further Complying Development Certificate can also be issued by an accredited certifier to approve the subdivision of the development. This will mean that the applicant will not have to deal with the Council throughout the development process.

Barker Ryan Stewart have certifiers who hold accreditation to issue Complying Development Certificates for subdivisions, as well as Subdivision Certificates for both Torrens and strata titled subdivisions. Our certifiers have a wealth of experience in subdivision certification and can advise you on the options available for the subdivision of your dual occupancy or multi-dwelling housing development.  Our town planners can also assist with interpretation of the Code to determine development yields and to achieve compliance with the development standards.

You can learn more about what a private certifier can and can’t do through our whitepaper or please contact Garry Ryan in our Sydney office on 9659 0005 to discuss subdivision options under the new Low Rise Medium Density Housing Code.

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