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27 June 2019: Department of Planning and Environment news

The Low Rise Medium Density Housing Code has been deferred to allow for an independent review.

The existing one-year deferral of the Low Rise Medium Density Housing Code in 49 council areas is due to expire on 1 July 2019.

The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008  (Codes SEPP) has been amended to extend this deferral for 45 councils for a further short period, until 31 October 2019, to allow for an independent review to be undertaken of the Code. A list of these deferred councils is available on the Department’s website.

Professor Roberta Ryan commenced the independent review in mid June and is expected to provide her report to the Minister for Planning and Public Spaces by the end of July. Professor Ryan will provide advice and recommendations to the Minister on implementation of the Code in the deferred council areas.

Where will the Code commence on 1 July?

The Code is already working well in 78 council areas across the State, and some councils granted a deferral have used that time successfully to amend their local planning controls to prepare for the Code.

A further four councils (Armidale Regional, Ballina Shire, Lane Cove and Narromine Shire Councils) are ready for the Code to commence on 1 July 2019.

What does this mean for landowners?

Pending recommendations of the review, landowners in deferred council areas will not be able to use the Code to lodge a complying development application for dual occupancies, manor houses or terraces until 1 November 2019 (or 1 July 2020 in the City of Ryde).

Amendment to exempt development standards for sculptures and artworks

A minor amendment has also been made to the General Exempt Development Code to introduce a development standard that prevents sculptures and artworks of masonry construction and higher than one metre above ground level from being carried out as exempt development.


For more information 


Best regards,

Marcus Ray

Deputy Secretary
Department of Planning and Environment

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