NSW changes SEPP Housing Code

Recently introduced changes will significantly increase approval times as the certifier must now notify the Council and all occupants of dwellings within 20 metres of the site 14 days prior to the issue of a CDC (except in defined residential release areas).

In addition, the person having the benefit of a CDC must give 7 days notice prior to the commencement of works to all occupants of dwellings within 20 metres of the site (2 days in defined residential release areas). The person must provide evidence to the PCA that compliance with this condition has been met before construction begins.

Other changes include:

  • Where a covenant item conflicts with the SEPP Housing Code (such as earthworks, setbacks etc.) the Code requirements override the covenant. Where there is no conflict, the covenant items apply and must be adhered to, but only if they were imposed by the Council or the owner;
  • Excavation up to 3 metres deep is permitted if located 1.5 metres from any boundary – the setback varies according to the depth;
  • Fill up to 1 metres, contained by a retaining wall 1.5 metres from the dwelling, or a batter 3 metres from the dwelling;
  • Tree removal up to 8 metres in height, not more than 3m from the building under certain conditions;
  • Amended provisions for privacy screening;
  • Fencing has changed – must be minimum 30% open, maximum 350 diameter piers and max 1.2m high in front of the building line. For corner lots 50% of secondary frontage fencing must not exceed 1.2m high;
  • No construction, including earthworks permitted in easement areas;
  • Corner lots are only considered to have a secondary frontage where the boundary angle is less than 135 degrees. If the angle is 135 degrees or more it is considered to be the same road frontage; and
  • Built to boundary wall encroachments now permitted on lots up to 12.5m.

Further information about the changes can be found at http://www.planning.nsw.gov.au/exemptandcomplying

A summary of amendments can be found at http://m.planning.nsw.gov.au/Portals/0/Codes/Summary_changes_complying_development.pdf