Exclusions & Variations to the State-Wide Exempt & Complying Development Code

A small number of areas across NSW have been excluded from the State-Wide Exempt & Complying Development Code due to environmental and other factors. The Department of Planning (DoP) received over 70 requests for exclusions from councils, with only 12 receiving approval. Throughout the review period, HIA urged the DoP to be vigilant in maintaining the Code as a state-wide applicable document and refrain from allowing councils to vary components of the Code to suit their particular area. The recent announcement by the DoP provided some relief to HIA.

The Code will not apply in the following areas of exclusion:

Council / Reason for exclusion / Area of Exclusion
Ballina Shire / Coastal Erosion / 33 lots in coastal area not captured by LEP
Great Lakes / Coastal Erosion / First row of lots adjacent to Boomerang Beach and Blueys Beach due to sea level rise and coastal erosion risks
Pittwater / Coastal Erosion / 61 lots affected by coastline risk
Wyong (Exempt Development) / Coastal Erosion / 180 lots affected by coastal hazard
Clarence / Coastal Erosion / 177 lots in coastal area not in EPI
Botany Bay / Contaminated land/ground water / Lots affected by contaminated ground water under DECCW exclusion zone
Randwick / Contaminated land/ground water / 75 lots affected by contaminated water
Marrickville / Draft conservation area / All land contained within LEP 2001 No.111 (Amendment No.1) affected by Clause 55 of the LEP
Kiama / Significant Headland / 25 lots at Gerringong headland
Nambucca / Significant Headland / 15 lots in Matthew Street Precinct with 5m height limit
Queanbeyan / Restricted height area / Areas with existing 5.5m height limit in DCP

The variations will apply to this particular area:

Council / Controls affected by variations / Variations
Wingecarribee / Landscaped area, front and side setbacks / Lots larger than 4000sqm – landscaped area 75%, front setback 15m and side setback 7.5m

The amendments (below) to the NSW Housing Code will be introduced in May 2010 in Schedule 2 & 3 of the Code. HIA members can contact Clare on 02 9978 3333 for more information.