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Amendment 16A - Response to the Low Rise Housing Diversity Code, Amendment to Medium Density Minimum Lot sizes in LEP 2015

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Blue Mountains City Council has prepared a Planning Proposal for draft Amendment 16A to Local Environmental Plan (LEP) 2015 and is now seeking your feedback.

The planning proposal is in response to the State Government’s Low Rise Housing Diversity Code and is seeking to amend clause 4.1B of LEP 2015 to standardise minimum lot size requirements for dual occupancies and introducing minimum lot size requirements for multi dwelling housing (terraces and manor houses).

Summary of proposed amendment to Clause 4.1B of LEP 2015

  • Include multi dwelling housing and manor homes with minimum lot sizes.
  • Remove clause 4.1B (3) which allowed for dual occupancy dwellings to be developed on 750m2 lots, providing that one dwelling would not exceed 100m2.
  • Amend minimum lot sizes as follows:
    1. All dual occupancy = 1000m2 (no difference between attached or detached)
    2. Multi dwelling housing (i.e. terraces) = 1300m2
    3. Manor houses = 1300m2

Draft Amendment 16A to LEP 2015 is on public exhibition until Wednesday 13 September 2023.

You can make a written submission by one of the following methods:

  1. Via the below submission form
  2. Email to council@bmcc.nsw.gov.au
  3. Mail to Chief Executive Officer, Blue Mountains City Council, Locked Bag 1005, Katoomba, NSW, 2780. Please include ‘Submission to Amendment 16A to LEP 2015’ in your subject heading.

The public exhibition period ended 13 September 2023. Submissions are now closed. This project is currently under review.

For further information, please contact the City Planning Team on 02 4780 5000.

Blue Mountains City Council has prepared a Planning Proposal for draft Amendment 16A to Local Environmental Plan (LEP) 2015 and is now seeking your feedback.

The planning proposal is in response to the State Government’s Low Rise Housing Diversity Code and is seeking to amend clause 4.1B of LEP 2015 to standardise minimum lot size requirements for dual occupancies and introducing minimum lot size requirements for multi dwelling housing (terraces and manor houses).

Summary of proposed amendment to Clause 4.1B of LEP 2015

  • Include multi dwelling housing and manor homes with minimum lot sizes.
  • Remove clause 4.1B (3) which allowed for dual occupancy dwellings to be developed on 750m2 lots, providing that one dwelling would not exceed 100m2.
  • Amend minimum lot sizes as follows:
    1. All dual occupancy = 1000m2 (no difference between attached or detached)
    2. Multi dwelling housing (i.e. terraces) = 1300m2
    3. Manor houses = 1300m2

Draft Amendment 16A to LEP 2015 is on public exhibition until Wednesday 13 September 2023.

You can make a written submission by one of the following methods:

  1. Via the below submission form
  2. Email to council@bmcc.nsw.gov.au
  3. Mail to Chief Executive Officer, Blue Mountains City Council, Locked Bag 1005, Katoomba, NSW, 2780. Please include ‘Submission to Amendment 16A to LEP 2015’ in your subject heading.

The public exhibition period ended 13 September 2023. Submissions are now closed. This project is currently under review.

For further information, please contact the City Planning Team on 02 4780 5000.

  • Background

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    In 2018, the NSW State Government introduced the Low Rise Housing Diversity Code (Low Rise Code) in the State Environmental Planning Policy (Exempt and Complying Development) 2008 (the Codes SEPP).

    This Low Rise Code provides an alternative approval pathway for some types of medium density housing, overriding local planning controls and allowing for a greater density development that would be inconsistent with objectives contained in LEP 2015.

    Council has opposed the Low Rise Code since it was proposed, calling for the Blue Mountains LGA to be exempt from this Part of the Codes SEPP. This opposition was included as an action in the Blue Mountains 2040: Living Sustainably (the Local Strategic planning Statement) in response to the potential adverse environmental and character impacts of the Low Rise Code, which are of particular significance for a City within a World Heritage Area.

  • Timeline

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    October 2021: Council prepared Draft Amendment 16 to LEP 2015 which sought to standardise and introduce minimum lot sizes for dual occupancy and multi dwelling housing along with a local variation to the drainage controls in the Low Rise Code. This planning proposal was prepared in response to discussions with the NSW Department of Planning regarding Amendment 13 to LEP 2015 which also addressed Council’s concerns with the Codes SEPP. It was decided that amendment 16 be prepared as a separate planning proposal to address the Low Rise Code minimum lot sizes in the event that the exemption being south by Council was not supported. The Draft Amendment 16 was endorsed at the Ordinary Meeting of the Council on 26 October 2021 for Gateway review by the State Government. Business Paper - Item 19 and Confirmed Minutes

    June 2022: Council endorsed proposed changes to the Amendment 16 to LEP 2015 which were previously included in related Planning Proposal, draft Amendment 13A.

    August 2022: The NSW Department of Planning (the Department) issued an initial Gateway determination for the proposal, approving it for public exhibition. However, various conditions were imposed in this determination including the removal of the request to strengthen stormwater management controls which Council did not support. Council resolved to raise an objection to this condition with the Department as it would not achieve the adopted policy position of the proposal. Business Paper - Item 17 and Confirmed Minutes

    January 2023: After discussions with the Department to provide an amended Gateway determination, it was resolved that council withdraw the Planning Proposal and resubmit due to an inability to meet the finalisation milestone.

    February 2023: Council endorse an updated Draft Amendment 16A to LEP 2015 to be resubmitted to the Department as per the previous Gateway directions. Please see attached document for the relevant business paper and confirmed minutes.

    April 2023: Council submitted the Draft Amendment for Gateway determination in line with previous communication and ongoing discussions. Amendment 16A included alterations to minimum lot sizes for dual occupancy and multi dwelling housing in LEP 2015 alongside the local variation to drainage controls in the Low Rise Code.

    June 2023: The Department issued a Gateway determination for the planning proposal, approving it to proceed to public exhibition subject to a number of conditions. These conditions requested that the planning proposal be amended to remove reference to the stormwater management controls in the same manner of the previous gateway determination in August 2022.

    1. July 2023: Council amended the draft planning proposal to satisfy the conditions of the Gateway Determination, seeking variations to LEP 2015 by providing:
    2. A single minimum lot size for all dual occupancy (attached or detached).
    3. Minimum lot size provision for multi dwelling housing and manor houses.

    The purpose of these minimum lot size amendments will be to ensure that the protection of local character and environmental values remain consistent with LEP 2015 for development under the Low Rise Code. While the stormwater provisions of the planning proposal have been removed to satisfy the determination conditions, this issue within the Codes SEPP is part of an ongoing discussion between Council and the Department.

    The NSW Department of Planning has agreed to the amended draft planning proposal and is satisfied that relevant conditions of the Gateway Determination have been met.

    August 2023: The draft Amendment 16A to LEP 2015 has been prepared for public exhibition and will be available for comment as per the requirements of the Gateway Determination and Councils Community Participation Plan 2021.

Page last updated: 17 Oct 2023, 10:35 AM