State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Low Rise Housing Diversity Code) (No 2) 2020 (2020-531) LW 4 September 2020 (NSW)

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New South Wales

State Environmental Planning Policy

(Exempt and Complying Development

Codes) Amendment (Low Rise Housing

Diversity Code) (No 2) 2020

under the

Environmental Planning and Assessment Act 1979

Her Excellency the Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979.

ROBERT STOKES, MP

Minister for Planning and Public Spaces

State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Low Rise

Housing Diversity Code) (No 2) 2020 [NSW]

State Environmental Planning Policy (Exempt and Complying

Development Codes) Amendment (Low Rise Housing Diversity

Code) (No 2) 2020

under the

Environmental Planning and Assessment Act 1979

1      Name of Policy

This Policy is State Environmental Planning Policy (Exempt and Complying

Development Codes) Amendment (Low Rise Housing Diversity Code) (No 2) 2020.

2      Commencement

This Policy commences on the day on which it is published on the NSW legislation website.

3      Repeal of Policy

(1)

This Policy is repealed on the day following the day on which this Policy

commences.

(2)

The repeal of this Policy does not, because of the operation of sections 5(6) and 30

of the Interpretation Act 1987, affect any amendment made by this Policy.

4      Amendment of State Environmental Planning Policy (Exempt and Complying

Development Codes) 2008

(1)

Clause 3B.2 Development that is not complying development under this code

Insert “, unless it is development that is being carried out by or on behalf of the New South Wales Land and Housing Corporation constituted by the Housing Act 2001” after “State Environmental Planning Policy (Affordable Rental Housing) 2009” in clause 3B.2(h).

(2)

Clause 3B.15 Minimum landscaped area

Omit “for each dwelling on a lot” from clause 3B.15(1).

(3)

Clause 3B.15(2A)

Omit “of the lot behind the building line must be landscaped”.

Insert instead “required to be landscaped under subclause (1) must be located behind the building line”.

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