State Environmental Planning Policy No 65—Design Quality of Residential Flat Development (Amendment No 3) (2015-316) LW 19 June 2015 (NSW)
| New South Wales |
State Environmental Planning Policy No 65—
Design Quality of Residential Flat
Development (Amendment No 3)
under the
Environmental Planning and Assessment Act 1979
His 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
State Environmental Planning Policy No 65—Design Quality of
Residential Flat Development (Amendment No 3)
under the
Environmental Planning and Assessment Act 1979
1 Name of Policy
This Policy is State Environmental Planning Policy No 65—Design Quality of
Residential Flat Development (Amendment No 3).
2 Commencement
This Policy commences 4 weeks after the day on which it is published on the NSW legislation website.
3 Repeal of Policy
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| Schedule 1 | Amendment of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development |
[1] Clause 1 Name of Policy
Omit “Flat”. Insert instead “Apartment”.
[2] Clause 2 Aims, objectives etc
| Omit “residential flat development” from clauses 2 (1)–(3) wherever occurring. Insert instead “residential apartment development”. |
[3] Clause 2 (3) (f)–(h)
Insert at the end of clause 2 (3) (e):
, and
| (f) | to contribute to the provision of a variety of dwelling types to meet population growth, and |
| (g) | to support housing affordability, and |
| (h) | to facilitate the timely and efficient assessment of applications for development to which this Policy applies. |
[4] Clause 3
Omit the clause. Insert instead:
3 Definitions
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Note. A copy of the Guide is available on the website of the Department.
design quality principles means the principles set out in Schedule 1.
design review panel means a panel constituted under Part 3.
relevant design review panel, in relation to an application for development
consent or the modification of development consent, means the design review
panel for the local government area or areas in which the development
concerned is being (or is proposed to be) carried out.
residential apartment development means development to which this Policy
applies because of clause 4.
the Act means the Environmental Planning and Assessment Act 1979.
| (2) | Words and expressions used in this Policy have the same meaning as they have in the standard local environmental planning instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006, unless otherwise defined in this Policy. |
| (3) | Notes included in this Policy do not form part of this Policy. |
[5] Clause 4
Omit the clause. Insert instead:
4 Application of Policy
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| (a) | the development consists of any of the following: | |||
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| (b) | the building concerned is at least 3 or more storeys (not including levels below ground level (existing) or levels that are less than 1.2 metres above ground level (existing) that provide for car parking), and | |||
| (c) | the building concerned contains at least 4 or more dwellings. |
| (2) | If particular development comprises development to which subclause (1) applies and other development, this Policy applies to the part of the development that is development to which subclause (1) applies and does not apply to the other part. |
| (3) | To remove doubt, this Policy does not apply to a building that is a class 1a or 1b building within the meaning of the Building Code of Australia. |
| (4) | Unless a local environmental plan states otherwise, this Policy does not apply to a boarding house or a serviced apartment to which that plan applies. |
[6] Clause 6 Relationship with other environmental planning instruments
Insert at the end of the clause:
| (2) | Subclause (1) does not apply in relation to State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004. |
[7] Clause 6A
Insert after clause 6:
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| (1) | This clause applies in respect of the objectives, design criteria and design guidance set out in Parts 3 and 4 of the Apartment Design Guide for the following: | |||||||||||||||
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| (2) | If a development control plan contains provisions that specify requirements, standards or controls in relation to a matter to which this clause applies, those provisions are of no effect. | |||||||||||||||
| (3) | This clause applies regardless of when the development control plan was made. |
[8] Part 2 Design quality principles
Omit the Part.
[9] Clause 19
Omit the clause. Insert instead:
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| (1) | The Minister may constitute a design review panel for: | |||
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| (2) | The Minister may abolish a design review panel at any time and for any reason. | |||
| (3) | The Minister may make arrangements with the council or councils for the area or areas for which a design review panel is constituted for the provision by them of staff and facilities for the panel. |
[10] Clause 20 Requirement for consultation
Omit “for a region or for one or more local government areas (including by the constitution of an existing body)” from clause 20 (1).
Insert instead “for one or more local government areas”.
[11] Clause 21
Omit the clause. Insert instead:
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| (1) | A design review panel is to consist of 3 or more persons appointed by the Minister, one of whom is to be appointed as chairperson of the panel. |
| (2) | A person is qualified for appointment as a member of a design review panel if the person has expertise in architecture, landscape architecture or urban design. |
| (3) | A person is not qualified for appointment as a member of a design review panel if the person is an officer or employee of a consent authority that is advised by the panel. |
| Note. An officer of a consent authority includes a councillor of a council. | |
| (4) | In appointing members of a design review panel, the Minister is to ensure that, as far as practicable, the panel will have a mix of expertise in the disciplines referred to in subclause (2). |
[12] Clause 23 Term and other conditions of office
Insert “(being a term of at least 2 years)” after “the Minister” in clause 23 (a).
[13] Clause 23 (b)
Omit the paragraph. Insert instead:
| (b) | ceases to hold office in any of the following circumstances: | |||
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[14] Clause 25
Omit the clause. Insert instead:
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Subject to clause 26, the procedure at meetings of a design review panel is to be determined by the Minister in consultation with the members of the panel having regard to Part 5 of the Apartment Design Guide.
[15] Clause 26 Quorum
Omit “a majority of the members for the time being”. Insert instead “3 members”.
[16] Clause 26A
Insert after clause 26:
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| (1) | The chairperson (or, in the absence of the chairperson, a person elected by the members) is to preside at a meeting of a design review panel. |
| (2) | The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote. |
[17] Clause 27 Functions of panels
Omit clause 27 (1) (a) and (b). Insert instead:
| (a) | to give specific independent design advice to the consent authority on a development application for development to which this Policy applies or an application for the modification of development consent for such development and, in particular, to give such advice on the design quality of the development to which this Policy applies (or modifications) when evaluated in accordance with the design quality principles and the Apartment Design Guide, |
| (b) | to provide independent advice to consent authorities and applicants, and their consultants and advisers, before the lodging of relevant development applications or applications for the modification of development consents as well as afterwards, on the design quality of development to which this Policy applies having regard to the design quality principles, |
[18] Clause 27 (2) (a)
Omit clause 27 (2) (a). Insert instead:
| (a) | carry out a review of provisions relating to the design quality of development to which this Policy applies in any local environmental plans and development control plans in the area or areas for which it is constituted, and |
[19] Part 4
Omit the Part. Insert instead:
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| Note. The Environmental Planning and Assessment Regulation 2000 also contains provisions dealing with the application of the design quality principles and the Apartment Design Guide in connection with development to which this Policy applies. See, for example, clauses 21A, 50, 115, 143A and 154A. | ||
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(1) After receipt of a development application for consent to carry out development to which this Policy applies (other than State significant development) and before it determines the application, the consent authority is to refer the application to the relevant design review panel (if any) for advice concerning the design quality of the development.
(2) In determining a development application for consent to carry out development to which this Policy applies, a consent authority is to take into consideration (in addition to any other matters that are required to be, or may be, taken into consideration):
| (a) | the advice (if any) obtained from the design review panel, and |
| (b) | the design quality of the development when evaluated in accordance with the design quality principles, and |
| (c) | the Apartment Design Guide. |
| (3) | However, if the relevant design review panel fails to inform the consent authority of its advice concerning the design quality of the development to which this Policy applies within 14 days after its first meeting to deal with the application concerned, the consent authority may determine the development application without considering any such advice and a development consent so granted is not voidable on that ground. |
| (4) | The 14-day period referred to in subclause (3) does not increase or otherwise affect the period within which a development application is required to be determined by a consent authority. |
| (5) | A consent authority is not required to obtain the advice of a relevant design review panel under subclause (1) if an architectural design competition that is consistent with the Design Excellence Guidelines has been held in relation to the proposed development. |
| (6) | In this clause: architectural design competition means a competitive process conducted in accordance with the Design Excellence Guidelines. Design Excellence Guidelines means the Design Excellence Guidelines issued by the Director-General in October 2010. |
| Note. A copy of the Guidelines is available on the website of the Department. |
29 Determination of applications for development consent modifications
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| (a) | the advice (if any) obtained from the design review panel, and |
| (b) | the design quality of the development (as modified) when evaluated in accordance with the design quality principles, and |
| (c) | the Apartment Design Guide. |
| (3) | However, if the relevant design review panel fails to inform the consent authority of its advice within 14 days after its first meeting to deal with the application concerned, the consent authority may determine the application without considering any such advice and a modification of consent so granted is not voidable on that ground. |
| (4) | The 14-day period referred to in subclause (3) does not increase or otherwise affect the period within which an application for the modification of development consent is required to be determined by a consent authority. |
30 Standards that cannot be used as grounds to refuse development consent or modification of development consent
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| (a) | if the car parking for the building will be equal to, or greater than, the recommended minimum amount of car parking specified in Part 3J of the Apartment Design Guide, |
| (b) | if the internal area for each apartment will be equal to, or greater than, the recommended minimum internal area for the relevant apartment type specified in Part 4D of the Apartment Design Guide, |
| (c) | if the ceiling heights for the building will be equal to, or greater than, the recommended minimum ceiling heights specified in Part 4C of the Apartment Design Guide. |
Note. The Building Code of Australia specifies minimum ceiling heights for residential flat buildings.
| (2) | Development consent must not be granted if, in the opinion of the consent authority, the development or modification does not demonstrate that adequate regard has been given to: | |||
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| (3) | To remove doubt: | |||
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| Note. The provisions of this clause do not impose any limitations on the grounds on which a consent authority may grant or modify development consent. |
[20] Clause 31
Omit the clause. Insert instead:
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| (1) | Each design review panel (if any) in existence immediately before the commencement of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development (Amendment No 3) is abolished on that commencement. |
| (2) | If a development application or an application for the modification of a development consent has been made before the notification on the NSW legislation website of the making of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development (Amendment No 3) and the application has not been finally determined before the commencement of that amendment, the application must be determined as if the amendment had not commenced. |
| (3) | If a development application or an application for the modification of a development consent has been made after the notification on the NSW legislation website of the making of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development (Amendment No 3) and the application has not been finally determined before the commencement of that amendment, the application must be determined under this Policy as amended by that amendment. |
[21] Clause 33
Insert after clause 32:
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The Minister must ensure that the provisions of this Policy are reviewed at least every 5 years after the commencement of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development (Amendment No 3).
[22] Schedule 1
Insert at the end of the Policy:
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(Clause 3 (1), definition of “design quality principles”)
Principle 1: Context and neighbourhood character
Good design responds and contributes to its context. Context is the key natural and built features of an area, their relationship and the character they create when combined. It also includes social, economic, health and environmental conditions.
Responding to context involves identifying the desirable elements of an area’s existing or future character. Well designed buildings respond to and enhance the qualities and identity of the area including the adjacent sites, streetscape and neighbourhood.
Consideration of local context is important for all sites, including sites in established areas, those undergoing change or identified for change.
Principle 2: Built form and scale
| character of the street and surrounding buildings. Good design also achieves an appropriate built form for a site and the building’s purpose in terms of building alignments, proportions, building type, articulation and the manipulation of building elements. | Good design achieves a scale, bulk and height appropriate to the existing or desired future streetscapes and parks, including their views and vistas, and provides internal amenity and outlook. |
| Principle 3: Density | |
| a density appropriate to the site and its context. Appropriate densities are consistent with the area’s existing or projected population. | |
| Good design achieves a high level of amenity for residents and each apartment, resulting in transport, access to jobs, community facilities and the environment. | |
| Principle 4: Sustainability | |
| Good design combines positive environmental, social and economic outcomes. amenity and liveability of residents and passive thermal design for ventilation, heating and cooling reducing reliance on technology and operation costs. Other elements include recycling and reuse of materials and waste, use of sustainable materials and deep soil zones for groundwater recharge and vegetation. | |
| Principle 5: Landscape | |
| Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in attractive developments with good amenity. A positive image and contextual fit of well designed developments is achieved by contributing to the landscape character of the streetscape and neighbourhood. | |
| Good landscape design enhances the development’s environmental performance by retaining positive natural features which contribute to the local context, co-ordinating water and soil management, solar access, micro-climate, tree canopy, habitat values and preserving green networks. | |
| Good landscape design optimises useability, privacy and opportunities for social interaction, equitable access, respect for neighbours’ amenity and provides for practical establishment and long term management. | |
| Principle 6: Amenity | |
| Good design positively influences internal and external amenity for residents and neighbours. Achieving good amenity contributes to positive living environments and resident well being. | |
| Good amenity combines appropriate room dimensions and shapes, access to sunlight, natural ventilation, outlook, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas and ease of access for all age groups and degrees of mobility. | |
| Principle 7: Safety | |
| Good design optimises safety and security within the development and the public domain. It provides for quality public and private spaces that are clearly defined and fit for the intended purpose. Opportunities to maximise passive surveillance of public and communal areas promote safety. | |
| A positive relationship between public and private spaces is achieved through clearly defined secure access points and well lit and visible areas that are easily maintained and appropriate to the location and purpose. | |
| Principle 8: Housing diversity and social interaction | |
| demographics, living needs and household budgets. Well designed apartment developments respond to social context by providing housing and facilities to suit the existing and future social mix. | |
| Good design achieves a mix of apartment sizes, providing housing choice for different spaces for a broad range of people and providing opportunities for social interaction among residents. | |
| Principle 9: Aesthetics | |
| Good design achieves a built form that has good proportions and a balanced composition of elements, reflecting the internal layout and structure. Good design uses a variety of materials, colours and textures. | |
| The visual appearance of a well designed apartment development responds to the existing or future local context, particularly desirable elements and repetitions of the streetscape. |
| Schedule 2 | Amendment of other environmental planning instruments |
| 2.1 | Ashfield Local Environmental Plan 2013 |
| Clause 6.4 Converting serviced apartments to residential flat buildings | |
| Omit clause 6.4 (2) (a) and (b). Insert instead: |
| (a) | the design quality principles set out in Schedule 1 to State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, |
| (b) | the design principles of the Apartment Design Guide (within the meaning of that Policy). |
| 2.2 | Blacktown Local Environmental Plan 2015 |
| Clause 7.6 Converting serviced apartments to residential flat building | |
| Omit clause 7.6 (2) (a) and (b). Insert instead: |
| (a) | the design quality principles set out in Schedule 1 to State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, |
| (b) | the design principles of the Apartment Design Guide (within the meaning of that Policy). |
| 2.3 | Blacktown Local Environmental Plan (Central Business District) 2012 |
| [1] | Clause 6.2 Serviced apartments |
| Omit “residential flat development (within the meaning of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development)” from clause 6.2 (2). | |
| Insert instead “residential apartment development (within the meaning of State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development)”. | |
| [2] | Clause 6.2 (2) |
| Omit clause 6.2 (2) (a) and (b). Insert instead: |
| (a) | the design quality principles set out in Schedule 1 to State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, |
| (b) | the design principles of the Apartment Design Guide (within the meaning of that Policy). |
[3] Clause 6.2 (3)
| Omit “Design Quality of Residential Flat Development” from clause 6.2 (3). Insert instead “Design Quality of Residential Apartment Development”. | |
| 2.4 | Botany Bay Local Environmental Plan 2013 |
Clause 6.10 Converting serviced apartments to residential flat building
Omit clause 6.10 (2) (a) and (b). Insert instead:
| (a) | the design quality principles set out in Schedule 1 to State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, |
| (b) | the design principles of the Apartment Design Guide (within the meaning of that Policy). |
| 2.5 | Gosford Local Environmental Plan 2014 |
| Clause 8.8 Converting serviced apartments to a residential flat building | |
| Omit clause 8.8 (2) (a) and (b). Insert instead: |
| (a) | the design quality principles set out in Schedule 1 to State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, |
| (b) | the design principles of the Apartment Design Guide (within the meaning of that Policy). |
| 2.6 | Great Lakes Local Environmental Plan 2014 |
| Clause 7.12 Converting serviced apartments to residential flat buildings | |
| Omit clause 7.12 (2) (a) and (b). Insert instead: |
| (a) | the design quality principles set out in Schedule 1 to State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, |
| (b) | the design principles of the Apartment Design Guide (within the meaning of that Policy). |
| 2.7 | Kiama Local Environmental Plan 2011 |
| [1] | Clause 6.9 Serviced apartments |
| Omit clause 6.9 (2) (a). Insert instead: |
| (a) | the consent authority has considered the following in relation to the development as if it were development to which clause 4 of State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development applies: | |||
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[2] Clause 6.9 (3)
| Omit “Design Quality of Residential Flat Development” from clause 6.9 (3). Insert instead “Design Quality of Residential Apartment Development”. | |
| 2.8 | Liverpool Local Environmental Plan 2008 |
Clause 7.19 Serviced apartments
Omit clause 7.19 (2). Insert instead:
| (2) | Development consent must not be granted for the subdivision under a strata scheme of a building or part of a building that is being, or has been, used for serviced apartments unless the consent authority is satisfied that the following are achieved for the development as if it were development to which clause 4 of State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development applies: | |||
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| 2.9 | Newcastle Local Environmental Plan 2012 |
| [1] | Clause 6.3 Serviced apartments |
| Omit clause 6.3 (2) (a) and (b). Insert instead: |
| (a) | the design quality principles set out in Schedule 1 to State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, |
| (b) | the design principles of the Apartment Design Guide (within the meaning of that Policy). |
[2] Clause 6.3 (3)
| Omit “Design Quality of Residential Flat Development” from clause 6.3 (3). Insert instead “Design Quality of Residential Apartment Development”. |
2.10 North Sydney Local Environmental Plan 2013
Clause 6.11 Converting serviced apartments to residential flat buildings
Omit clause 6.11 (2) (a) and (b). Insert instead:
| (a) | the design quality principles set out in Schedule 1 to State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, |
| (b) | the design principles of the Apartment Design Guide (within the meaning of that Policy). |
2.11 Parramatta City Centre Local Environmental Plan 2007
Clause 22F Serviced apartments
Omit clause 22F (2). Insert instead:
| (2) | Development consent must not be granted to development on land in Zone B4 Mixed Use for the purpose of the strata subdivision of a building or part of a building that is or has been used for serviced apartments, unless the consent authority is satisfied that the following design principles are achieved for the development as if it were development to which clause 4 of State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development applies: | |||
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2.12 Penrith Local Environmental Plan 2010
[1] Clause 8.6 Serviced apartments
Omit “Part 2 of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development and the design principles of the Residential Apartment Design Code (a publication of the Department of Planning, September 2002)”.
Insert instead “Schedule 1 to State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development and the design principles of the Apartment Design Guide (within the meaning of that Policy)”.
[2] Clause 8.6
| Omit “residential flat development”. Insert instead “residential apartment development within the meaning of that Policy”. |
2.13 Pittwater Local Environmental Plan 2014
Clause 7.11 Converting serviced apartments to residential flat buildings
Omit clause 7.11 (2) (a) and (b). Insert instead:
| (a) | the design quality principles set out in Schedule 1 to State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, |
| (b) | the design principles of the Apartment Design Guide (within the meaning of that Policy). |
2.14 Port Stephens Local Environmental Plan 2013
Clause 7.13 Converting serviced apartments to residential flat buildings
Omit clause 7.13 (2) (a) and (b). Insert instead:
| (a) | the design quality principles set out in Schedule 1 to State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, |
| (b) | the design principles of the Apartment Design Guide (within the meaning of that Policy). |
2.15 State Environmental Planning Policy (Affordable Rental Housing) 2009
Clause 15 Design requirements
Omit clause 15 (2). Insert instead:
| (2) | This clause does not apply to development to which clause 4 of State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development applies. |
2.16 State Environmental Planning Policy (Kosciuszko National Park—
Alpine Resorts) 2007
Clause 10 Application of other environmental planning instruments
Omit “Flat” from clause 10. Insert instead “Apartment”.
2.17 Strathfield Local Environmental Plan 2012
Clause 6.5 Converting serviced apartments to residential flat building
Omit clause 6.5 (2) (a) and (b). Insert instead:
| (a) | the design quality principles set out in Schedule 1 to State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, |
| (b) | the design principles of the Apartment Design Guide (within the meaning of that Policy). |
2.18 Tweed City Centre Local Environmental Plan 2012
[1] Clause 6.7 Serviced apartments
Omit “residential flat development” from clause 6.7 (2).
Insert instead “residential apartment development within the meaning of State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development”.
[2] Clause 6.7 (2) (a) and (b)
Omit the paragraphs. Insert instead:
| (a) | the design quality principles set out in Schedule 1 to State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, |
| (b) | the design principles of the Apartment Design Guide (within the meaning of that Policy). |
[3] Clause 6.7 (3)
| Omit “Design Quality of Residential Flat Development” from clause 6.7 (3). Insert instead “Design Quality of Residential Apartment Development”. |
2.19 Willoughby Local Environmental Plan 2012
Clause 6.9 Serviced apartments
Omit clause 6.9 (3) (including the note). Insert instead:
| (3) | Development consent must not be granted for the change of use from serviced apartments to a residential flat building, with or without strata subdivision, unless the consent authority is satisfied that the development complies with the design principles of the Apartment Design Guide (within the meaning of State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development). |
| Note. The design quality principles set out in Schedule 1 to State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development also apply to the development. |
2.20 Wollongong Local Environmental Plan 2009
Clause 7.12 Serviced apartments
Omit clause 7.12 (2). Insert instead:
| (2) | Development consent must not be granted for the strata subdivision of a building that is being, or has been, used as serviced apartments unless the consent authority is satisfied that, if the development were a residential flat building: | |||
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