NSW SEPP exempt and complying development code amendment (low rise medium density) 2017

I would like to be able to build a side by side attached duplex under this new code which comes in to effect on July 6, 2018.
I have a narrow block just over 12m wide. A block width greater than 12m is one of the requirements to build a duplex under this code.
My confusion however is in regard to the parking requirements.
One parking space is required for each duplex.
In the code [clause 3B.18(5)] it states that for blocks less than 15m wide any car parking must be accessed from a secondary road, parallel road or lane way. This would not be possible for me as my block is not a corner block nor does it have a street at the rear.
In this same section of the code [clause 3B.18(7)] it states that properties with a lot width between 12 and 15m are allowed a maximum garage door width of 3.2m for garages accessed from the primary road (ie front of the house). This makes no sense to me and seems contradictory. It seems to be saying you are allowed a garage to face the front street but can only access it from a side or rear street???
I was wondering if anyone with more expertise could clarify this parking issue.
I visited my local council and they were unable to clarify the issue.
I emailed the NSW dept of planning and environment and in reply they basically cut and pasted the section of the code that said that for blocks less than 15m car parking must be accessed from the side or rear. There was no comment regarding that single garage supposedly allowed at the front of the property.

Thanks for any help you can provide.

 

I'm not familiar with this legislation and would suggest seeking paid legal advice. From what you have written the primary issue is that the block for a duplex needs two ways to access it to be eligible.

The maximum garage door size, is just that, I believe for garage doors facing the primary street.

As I interpret it, your block would not be eligible for planning approval. However, it might be worth seeking professional planning and legal advice as I am not familiar with this legislation.

 

The councils I know typically requires 15m+ frontage for a side by side duplex so I'm not suprised that the CDC requires a secondary street if it is 12 - 15m.

 

Maybe in your case you can have 1 x car parking from the primary street - but not 2.

That would make sense to me - as you would be needing to use the secondary street as frontage for 1 duplex. There would not be space for both on the primary street.

 

My reading of the proposed law was no front parking is acceptable for the secondary dwelling.. Its parking must be accessed from a side entry OR if accessed from a front driveway the parking must be at the rear of either dwelling and not visible from the street.

For narrow blocks all access must be to the side or rear for dwelling two.

 

Hi Holly,
If you refer to the design guide, page 14, the issue is clarified a little
- the building type is best suited to lots with a minimum width of at least 15metres
AND
- The minimum lot width is highly dependent on vehicle access. Where garages can be located on a rear lane, lot widths can be a minimum of 12 metres.
AND
- Where garages can only be located at the front of a lot, the ideal lot width is a minimum of 15 metres.

Where the interpretation of the SEPP is unclear, reference will be made to the guide for interpretation.

In the end, it will come down to the certifying authority (probably a receptive private certifier), and whether you can convince them that you are complying with the intent of the SEPP... at this stage, I'd suggest that perhaps you are not able to comply with the intent of the SEPP, and you would have to go through a standard Development Application process with Council rather than Complying Development.

 

Hi Holly,
If you refer to the design guide, page 14, the issue is clarified a little
- the building type is best suited to lots with a minimum width of at least 15metres
AND
- The minimum lot width is highly dependent on vehicle access. Where garages can be located on a rear lane, lot widths can be a minimum of 12 metres.
AND
- Where garages can only be located at the front of a lot, the ideal lot width is a minimum of 15 metres.

Where the interpretation of the SEPP is unclear, reference will be made to the guide for interpretation.

In the end, it will come down to the certifying authority (probably a receptive private certifier), and whether you can convince them that you are complying with the intent of the SEPP... at this stage, I'd suggest that perhaps you are not able to comply with the intent of the SEPP, and you would have to go through a standard Development Application process with Council rather than Complying Development.