State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Low Rise Medium Density Housing) Further Amendment 2018 (2018-370) LW 5 July 2018 (NSW)

New South Wales

State Environmental Planning Policy

(Exempt and Complying Development

Codes) Amendment (Low Rise Medium

Density Housing) Further Amendment 2018

under the

Environmental Planning and Assessment Act 1979

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and

Assessment Act 1979.

ANTHONY ROBERTS, MP

Minister for Planning

State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Low Rise Medium Density Housing) Further Amendment 2018

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 Medium Density Housing) Further

Amendment 2018.

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This Policy is repealed on the day following the day on which this Policy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

Schedule 1

Amendment of State Environmental Planning

Policy (Exempt and Complying Development

Codes) Amendment (Low Rise Medium Density

Housing) 2017

[1]      Schedule 1 [2]

Insert after the definition of Low Rise Medium Density Housing Code:

manor house means a residential flat building containing 3 or 4 dwellings,

where:

(a)	each dwelling is attached to another dwelling by a common wall or floor, and
(b)	at least 1 dwelling is partially or wholly located above another dwelling, and
(c)	the building contains no more than 2 storeys (excluding any basement).

[2]      Schedule 1 [2]

Insert after the definition of Medium Density Design Guide:

multi dwelling housing (terraces) means multi dwelling housing where all

dwellings are attached and face, and are generally aligned along, 1 or more

public roads.

[3]      Schedule 1 [18], Part 3B, Division 7, heading

Omit the heading. Insert instead:

Division 7 Miscellaneous

[4]      Schedule 1 [18], clause 3B.63

Insert after clause 3B.62:

3B.63	Deferred application of Part to land in certain local government areas
(1) This Part (other than this clause) does not apply to or in respect of land in a deferred area. (2) For the purposes of this clause, land is in a deferred area if the land is in any of the following local government areas:

Armidale Regional, Ballina, Bayside, Bellingen, City of Blue Mountains, Burwood, Byron, Camden, City of Campbelltown, Canada Bay, Canterbury-Bankstown, Central Coast, City of Coffs Harbour, Cumberland, Georges River, City of Hawkesbury, Hilltops, Hornsby, Hunter’s Hill, Inner West, Kiama, Lane Cove, Mid-Coast, Mid-Western Regional, Moree Plains, Mosman, Narromine, Northern Beaches, City of Parramatta, City of Randwick, City of Ryde, City of Shellharbour, City of Shoalhaven, Snowy Monaro Regional, Strathfield, Sutherland Shire, City of Sydney, Tamworth Regional, The Hills Shire, Tweed, Upper Lachlan Shire, City of Willoughby, Wingecarribee, Wollondilly, City of Wollongong, Woollahra, Yass Valley.

(3) This clause ceases to have effect on 1 July 2019.