Deferral of Low Rise Medium Density Housing Code

Late on Thursday 27 June, Council was notified that The Deputy Secretary of the Department of Planning Marcus Ray announced the deferral of the Low Rise Medium Density Housing Code with an extension for 45 Councils until 31 October 2019 in order for an independent review to be conducted.

This extension was due to the existing one year deferral being set to expire on 1 July 2019.

The independent review is being conducted by Professor Roberta Ryan and she is expected to give her report to the Minister of Planning and Public spaces by the end of July.

More information can be found at the Department of Planning website.

The following is from the Departments website regarding the announcement:

Independent review and temporary deferral

Following the release of the Code in July 2018, a temporary deferral was granted to 49 councils until 1 July 2019. For the City of Ryde, a deferral was granted until 1 July 2020 based on advice from the Greater Sydney Commission.

The Code is already working well in 78 council areas across the State, and some councils granted a temporary deferral have used that time successfully to amend their local planning controls to prepare for the Code. A further four councils are now ready for the Code to commence on 1 July 2019.

The Minister for Planning and Public Spaces has requested an independent review to assess progress on the Code to date, identify impediments to the Code’s delivery in deferred areas, and make recommendations on the appropriate pathway forward to finalise the Code’s implementation.

Professor Roberta Ryan commenced the independent review in mid-June and is expected to provide her report by the end of July. Professor Ryan will assess published council positions on the Code and consult with peak stakeholder groups including Local Government NSW.

To allow the review to take place, there will be a further extension of the deferral of the Code in 45 councils until 31 October 2019.

Pending the recommendations of the review, the deferral means that in the deferred council areas landowners will not be able to use the Code to lodge a complying development application for dual occupancies, manor houses or terraces until 1 November 2019 (or 1 July 2020 in the City of Ryde). It also means that during the deferral period, a council’s local planning controls will continue to apply and landowners may lodge a development application for a dual occupancy or multi dwelling housing if these forms of housing are allowed under the relevant council LEP.

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