CLE News

Eastern States Small and Micro Lot Housing Investigations

In early May 2015 CLE, Ian Everett, Jane Bennett and Neil Thom, and ABN, Dale Alcock and Andrew Auret, travelled to the east coast to investigate small and micro lot housing through Queensland, Victoria and South Australia, including Fitzgibbon Chase, Bells Reach, Springfield, Yarrabilba, Lightsview, Blakes Crossing and Mawson Lakes. Each project’s built form and streetscape outcomes, regulation and delivery models were all reviewed in detail. The trip provided valuable insights and lessons learnt for both infill and greenfields projects. Many of the lot and housing typologies relate directly to the recently released R-Codes RMD Planning Bulletin as well as the R Code Working Group’s investigations into development on lots less than 100sqm, and are potentially transferrable to our current projects.

For more information please contact Jane Bennett, Ian Everett or Neil Thom.

Residential Medium Density Planning Bulletin Released

The Department of Planning have today released the Residential Medium Density Single House Development Standards Planning Bulletin. The Bulletin contains a WAPC adopted suite of R Code variations to facilitate the delivery of R25, R30, R40 and R60 single lot housing in areas covered by a Structure Plan. The benefit of the RMD provisions is the certainty they will provide industry in delivery small lot housing, as well as removing the requirement for further assessment of DAPs and LSP R Code provisions streamlining approvals and clearances.

The provisions deal with site cover / open space, street and side setbacks, garaging, overshadowing and privacy and aside from the 10.5m lot frontage restriction for double garages the provisions are very similar to those already implemented across CLE projects.

CLE has produced conceptual designs showing how the provisions apply, as well as a summary of the provisions.

Importantly with regards to implementation:

  • The provisions are not retrospective and are only effective once adopted into a Local Structure Plan. Implementation of the provisions via Detailed Area Plans (or Local Development Plans) is not supported (which is of benefit to industry by removing an extra subdivision approval condition and clearance step / delay).
  • Where DAPs are being used at the moment we expect that this will be able to continue for a transition period to avoid project delays; however, there is likely to be a strong push from local government and the Department to initiate LSP Amendments to include the provisions and remove the need for DAPs.
  • A proponent may initiate an LSP Amendment to introduce these provisions into an existing LSP. Advertising is to be waived to any such LSP Amendment
  • Provisions are to apply wholly without modification, except the 10.5m restriction for double garages which does not apply to any lodged or approved subdivision applications as of the date of the Planning Bulletin (8 May) where the existing LSP or R Code provisions would apply (which allows a double garage on a 10m wide lot)
  • In general a transition period is to apply to the 10.5m restriction for double garages of around 9 months
  • The transition, implementation and specific provisions will be subject to review by the Working Group who are continuing to meet regularly to ensure the intent is being achieved. CLE are on the Working Group, as are UDIA Representatives.

We welcome the opportunity to discuss the implications of this. Please contact any of our planners to discuss.

Draft Planning and Development (Local Planning Scheme) Regulations 2014

The Department of Planning are currently advertising the draft Planning and Development (Local Planning Scheme) Regulations 2014, submissions close on 30 January 2015.

The Regulations are very important as they contain deemed town planning scheme provisions that will automatically apply to all local governments, removing the existing provisions in their scheme. The Regulations cover Structure Plans, Scheme Amendments, Local Planning Policies and Scheme Reviews. The Department’s intention is to have the Regulations in place by 1 July 2015.

We have reviewed the document in detail and in our view there are significant issues for industry and major projects – resulting in potential delays (contra to the reform objectives), reduced land owner certainty, undermining proponent appeal rights and potentially adversely affecting land valuations. In our view industry could be better off with the current adhoc town planning scheme approach than the new Regulations.

We have prepared a one page summary of the big ticket issues for industry, and would be pleased to discuss this with you further and provide you with our full submission.

Review of the draft Planning and Development (Local Planning Schemes) Regulations 2014 and major impacts for Industry

Today the Minister for Planning released the draft Planning and Development (Local Planning Schemes) Regulations 2014 containing the Model Scheme Text and Deemed Town Planning Scheme Provisions. The Regulations cover aspects such as Structure Plans and Development Contribution Plans and are available for public comment until 30 January 2015.

CLE, in collaboration with UDIA, has prepared a summary of the key impacts of the Regulations for industry and will be making a submission on behalf of all of our Clients.

The draft Planning and Development (Local Planning Schemes) Regulations 2014 and Discussion Paper can be viewed here.