New Rules for Exempt and Complying Developments

Nine additional exempt development forms have been introduced, including solar hot water systems, tennis courts and minor subdivision works. If the works comply with the exempt development standards under the Code (and you need to make sure of the exempt status), no Council approval is required.

With the new Complying Development rules, coverage has been expanded to residential lots of 200m2 and above with a minimum lot width of 6 metres. Under the previous Complying Development rules, only lots of 450m2 and above could qualify.

The new rules focus on the size of the individual lot as well as the width of the lot. The rules are quite prescriptive and each stipulated requirement must be met in order for the development to qualify as a Complying Development.

Taking a typical lot of 450m2 with an 8 metre frontage, the restrictions which have to be adhered to, to meet the new Complying Development requirements cover such aspects as:

• Maximum Site Coverage (which has been increased from 50% to 55% for lots of 450-500m2).
  
  
• Maximum Floor Area with separate floor area restrictions on basement areas and outbuildings.
  
  
• Minimum Landscaping requirements.
  
  
• Minimum Front/Side/Rear Setbacks,
  
  
• Maximum Floor Area and Setbacks on Detached Studios (located on rear laneways).
  
  
• Car Parking – Maximum garage door width of 3.2 metres (no garage permissible if the lot width is less than 8 metres).

Other changes mentioned in the HIA article include:

• Zero lot line construction (ie building walls to boundaries) on lots less than 10m wide are permissible under certain conditions.
  
  
• Removal of trees (if not significant trees) up to 6m in the building footprint or within 3m surrounding the building footprint can be removed as part of the complying development application.
  
  
• Lots with a lot width of 18m or less will be required to provide 25% landscaping in the front setback and lot width above 18m will be required to provide 50%.
  
  
• The minimum landscaping dimension will reduce from 2.5m to 1.5m. This will allow, in some cases, for the landscaping at the side of a dwelling to be included in the landscaping calculation.
  
  
• The minimum landscaped areas for all categories of lots over 600m2 have been increased by 5%.
  
  
• Detached outbuildings in heritage conservation areas will be permissible as complying development.
  
  
• Low risk bush fire prone land and low risk flood prone land can now qualify as Complying Development.

DirectBuild’s experienced building personnel have a good understanding of the specific requirements necessary to meet the new Complying Development rules and would be happy to assist you.