NSW SEPP vs local LEP - which prevails?

Discussion in 'Development' started by scientist, 7th Jun, 2018.

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  1. scientist

    scientist Well-Known Member

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    So where there's some difference in requirements, which prevails and why?

    E.g. consider the following points and how they interact:

    1. the SEPP changes that are coming in on 6th July 'Medium Density Housing' amendments specify on page 24 "in the case of a manor house—the area of the lot must not be less than 600m2" and that "the width of the lot must not be less than 15m measured at the building line"
    2. now lets take Ryde council's LEP for example. In its definition for R2 it states multi-dwelling is allowed with consent in R2. But...
    3. elsewhere in the LEP it states lot requirements for multi-dwelling housing as: min size 900m2 and min frontage 20m.
    Which prevails, and why? If the LEP prevails, then what's the entire point of the SEPP? I could've done everything under the LEP with a traditional DA (albeit slower). In the SEPP it states the interaction with local LEPs as: "Clause 1.18 (1) (b) states that to be complying development for the purposes of this Policy the development must be permissible with consent under an environmental planning instrument applying to the land on which the development is carried out."
     
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  2. Scott No Mates

    Scott No Mates Well-Known Member

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    Yes, it can be either depending upon the entirety of the document. LEP generally refines the SEPP and the DCP then determines how you meet the requirements .
     
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  3. Anthony416

    Anthony416 Well-Known Member

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    As Scott No Mates states, however I think Ryde is one of the councils with an exemption that further complicates the issue. I think they may have been granted a 2 year exemption, after that not sure if they can extend or not.
     
  4. Rowan

    Rowan Well-Known Member

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    This would be one of the grey areas that a professional certifier is needed for. My view is that the SEPP overrides. The reason is because for dual occupancies, it is specifically stated that the LEP minimum lot size should be use should it be the greater of the LEP or SEPP minimum lot. For manor houses, that condition is deliberately left out and I think that it was intended to override LEPs.

    Lot requirements The lot must meet the following requirements: (a) in the case of a manor house—the area of the lot must not be less than 600m2, (b) in the case of a dual occupancy—the area of the lot must not be less than whichever is the greater of the following: (i) 400m2, (ii) the minimum lot area specified for dual occupancies in the environmental planning instrument that applies to the land concerned,
     
  5. gaiusb

    gaiusb Member

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    A SEPP will always prevail over the council LEP, so if you meet the new Medium Density Housing Code then you can get a CDC from a certifier without involving council. A condition of this Code is to ensure dual occupancy / manor houses are permitted within the zone of your council LEP. The issue in this case is that Ryde have apparently been exempted from the SEPP Code, so you'd be forced to apply the LEP lot size. I say 'apparently' because I can only find news articles online about the exemption but no real evidence of it. You might want to call Ryde council and ask them what they've done there.
     
  6. neK

    neK Well-Known Member

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    I believe the other council that has got the 1 year exemption to get their things in order is Bankstown council.
     
  7. Lisa from Castle Hill

    Lisa from Castle Hill New Member

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    The new law comes into effect today.
    Is there any official information on which councils were granted deferrals (other than media articles) and under what terms? 1 year vs until they sort out their LEPs?

    In particular, I am interested in whether Hills Council was granted a deferral. It was never advertised in the media or on their website (unlike the other councils), but it was mentioned in the 22 May Meeting Minutes that they were requesting a deferral (Mayoral Minute No 4 :
    [FONT=Verdana, Geneva, sans-serif]MAYORAL MINUTE NO. 04 2018 - IMPLICATIONS OF NEW MEDIUM DENSITY HOUSING CODE(PDF, 684KB)[/FONT])
    but there hasn't been any information since.
     
  8. Charch

    Charch Well-Known Member

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    Found this online
     

    Attached Files:

  9. Rowan

    Rowan Well-Known Member

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    Hi Lisa, also to take note is the deferral for some councils (I can't confirm for all) is limited to multi-dwelling developments (terraces and manor houses) so dual occupancies are going ahead as planned. I believe this is true for the City of Ryde, City of Canterbury Bankstown, Northern Beaches Council and Lane Cove Council.
     
    Last edited: 6th Jul, 2018
  10. JQ88

    JQ88 Well-Known Member

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    Can you build manor and terrace in R2 zoned land under this SEPP New Medium Density Housing scheme? or does it need to be R3?
     
  11. Scott No Mates

    Scott No Mates Well-Known Member

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    I can't recall very many duplexes being built in the Lane Cove LGA in the last 15-20 years. The vast majority (>1000 units on 3 or 4 streets) over the last 5 years has been in high density projects. There are two major current projects in the CBD and another half dozen in various stages a little further out.
     
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  12. Lisa from Castle Hill

    Lisa from Castle Hill New Member

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    This is the latest circular from the Dept of Planning and Environment (DoPE - appropriate!). It outlines pretty clearly what rules apply where. Almost 50 councils were given a deferment until July next year. I know Hills Council is asking for a permanent deferral in some areas (according to the Council Minutes).
     

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  13. Rowan

    Rowan Well-Known Member

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    Yes you are right. Lane Cove wanted to defer the development of multi-dwelling only because they didn't need to worry about Dual Occupancies from the new Code. This is because they flat out prohibit the subdivision of Dual Occupancies anyways and the Code won't be able to override it. In anycase despite then only objecting to the development of multi-dwelling, they seem to have gotten a full deferral for all types of development just like everyone else.
     
  14. JQ88

    JQ88 Well-Known Member

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    Thanks!
    From the flyer:
    This Code allows for the fast track approval of one and two storey dual occupancies, manor houses and terraces as complying development in the R1, R2, R3 and RU5 zones, where medium density development is already permitted under a council’s Local Environmental Plan (LEP).

    So doesn't really answer my question.

    Most property in NSW are R2, which does not permit medium/terrace development in it's current form.

    Was wondering under SEPP I could build a manor house that consists of 3-4 units in a 600m2 R2 land?
     
  15. Rowan

    Rowan Well-Known Member

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    If the LEP doesn't allow manor houses (LEPs may reference multi-dwelling instead) in R2 then you can't use the SEPP to build a manor house on R2 either.
     
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  16. JQ88

    JQ88 Well-Known Member

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    Thanks! that what I thought so.

    Here below a snippet of R2 and R3 for Blacktown LGA ( but I think most NSW LGA follow same/similar description).

    R3 in most council is rare as hen's teeth..

    R2 - Permitted with consent
    Bed and breakfast accommodation; Boarding houses; Building identification signs;
    Business identification signs; Child care centres; Community facilities; Dual occupancies; Dwelling houses; Emergency services facilities; Environmental
    facilities; Environmental protection works; Exhibitionhomes; Exhibition villages;
    Flood mitigation works; Group homes; Health consulting rooms; Home-based child
    care; Home businesses; Places of public worship; Public administration buildings;
    Recreation areas; Respite day care centres; Roads; Seniors housing; Veterinary
    hospitals; Water reticulation systems

    R3 Permitted with consent
    Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building
    identification signs; Business identification signs; Child care centres; Community
    facilities; Dwelling houses; Emergency services facilities; Environmental facilities;
    Environmental protection works; Exhibition homes; Exhibition villages; Flood
    mitigation works; Group homes; Home-based child care; Home businesses; Home
    occupations; Information and education facilities; Multi dwelling housing;
    Neighbourhood shops; Places of public worship; Public administration buildings;
    Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor);
    Respite day care centres; Roads; Seniors housing; Shop top housing; Veterinary
    hospitals, Water reticulation systems
     
  17. BuyersAgent

    BuyersAgent Well-Known Member Business Member

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    How are people going with this? Anyone successfully done a Manor house yet?
     
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  18. Alex-T

    Alex-T New Member

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    Will be good to pick this back up if anyone has had their own or were involved in Manor House experiences since July 1st 2020.
     

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