NSW Housing Code

NSW Housing Code comes into effect from Friday 27th February 2009.

What is the NSW Housing Code?

The Code is part of the State Government's planning reforms to streamline the decision making processes for development across New South Wales.   The Code enables Council or a private certifier to assess a proposal for single and two-storey houses, home additions/alterations and other ancillary development such as swimming pools in only 10 days (if they meet set standards).

The Code allows houses and minor residential development (not on sensitive land such as bushfire prone, flood affected or heritage) to proceed without the need to lodge a development application (DA) either as 'exempt' or 'complying' development.  At the same time the Code safeguards the neighbour's rights by protecting privacy and amenity (via controls on maximum building height, bulk and scale; minimum front, side and rear setbacks; and site coverage). 

When does the Code apply?

The NSW Housing Code takes effect from Friday 27th February 2009.

Were the public consulted about the Code?

Yes.  Over the last few years, the NSW Government has conducted an extensive period of public consultation and review whilst preparing the Code provisions.  In 2008, Hawkesbury Council's submission to the NSW Government supported the Code on the provision that the rights of the community and Council were not eroded.

Does the Code apply to all of the Hawkesbury area?

The Code overrides the exempt and complying provisions in the Hawkesbury LEP 1989 and Hawkesbury DCP.  However, complying development is not allowed on sensitive land such as bushfire prone, flood affected or heritage.

Will my development be exempt or complying?

The exempt and complying development standards (eg. setbacks, floor space) are listed under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 on the NSW legislation website: http://www.legislation.nsw.gov.au/.

Hawkesbury City Council is encouraging 'exempt' and 'complying' development and will provide information on its planning certificates about land that is suitable for complying development. To find out if your proposal qualifies, please visit the Customer Service Team at Hawkesbury City Council, send an email to council@hawkesbury.nsw.gov.au or phone (02) 4560 4444.

Where can I get further information about the Code?

The NSW Housing Code - Exempt & Complying Development and further information is available on the Department of Planning's website via the link or email to: planning reform@planning.nsw.gov.au or call the Department of Planning's Information Centre on (02) 9228 6333.

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