Clause:1 was recently invited to represent the BDAV at a briefing held, jointly, by the Building Commission and Growth Areas Authority (GAA) explaining the new Small Lot Housing Code. The Small Lot Housing Code is designed to remove the need for a planning permit in designated growth areas. Representatives from the RAIA, HIA, Master Builders Association and multiple municipalities were present. The following summary of that briefing is provided for the interest of BDAV Members.
What is the Small Lot Housing Code?
- The Small Lot Housing Code is a set of 19 design standards (developed by the GAA in conjunction with the Building Commission) similar in format to ResCode (Clauses 54 & 55 of the Planning Scheme) and includes requirements for front setbacks, building height, solar orientation, parking and other design characteristics;
- The Standards are designed to be prescriptive and are either met or not met (unlike the performance based Standards contained in Clause 54 and 55 that are sometimes open to interpretation and opinion).
What is the purpose of the Small Lot Housing Code?
- The Small Lot Housing Code has been developed to exempt developers from requiring a planning permit for compliant projects on small lots in growth areas that would otherwise trigger a planning permit due to their small lot size;
- If all the design standards contained within the Small Lot Housing Code are met no planning permit is required.
- The Code is designed (in part) to encourage the construction of smaller dwellings by removing the disincentives of risk, time delays and cost associated with planning permit applications.
What land can take advantage of the Small Lot Housing Code?
- The Small Lot Housing Code is designed to be used in the Urban Growth Zones where a Precinct Structure Plan has been incorporated in to the Planning Scheme;
- Land to which the Small Lot Housing Code applies will be identified through a Schedule to the Urban Growth Zone within the Planning Scheme;
- Generally this land will be identified as strategically suitable for higher densities within the Precinct Structure Plan, i.e. within close proximity to town centres, activity centres and/or recreational and transport services;
- There is no minimum lot size prescribed;
- Importantly, there are currently no plans to expand the application of the Small Lot Housing Code to include land outside of new communities (Urban Growth Zone) under development within identified Urban Growth Areas;
How is the Small Lot Housing Code Implemented?
- The Small Lot Housing Code is implemented similar to an approved building envelope or set of design guidelines on a plan of subdivision;
Who does the Small Lot Housing Code Assessment?
- The assessment is undertaken by a Licensed Building Surveyor;
- A Building Surveyor will undertake the assessment as part of the process to issue the required building permit;
What if a proposal does not meet the requirements of the Small Lot Housing Code?
- If, in the opinion of the Building Surveyor, the project does not meet ‘all’ of the Standards contained within the Small Lot Housing Code the project is not exempt from the need to acquire a planning permit;
- In such cases the applicant will be required to either modify the application to be compliant with the Code or apply for a planning permit under the normal planning permit process;
- So if the proposal does not (or cannot) meet the requirements of the Small Lot Housing Code a planning permit can still be granted for the proposal, if it is appropriate to do so
What about issues not covered by the Small Lot Housing Code?
- Building considerations (associated with Part 4 of the Building Regulations and others) not covered by the Small Lot Housing Code still need to be met;
- The Code simply provides a means to circumnavigate the planning process. All relevant Building Regulation considerations will be required to be met prior to the issue of a building permit.
When will the Small Lot Housing Code be Implemented?
- The Code will be implemented in new communities as new precinct structure plans are finalised and incorporated into the Planning Scheme;
- For areas where precinct structure plans have already been finalised and incorporated into the planning scheme the Code can be implemented into the scheme at the discretion of Council;
Some issues to contemplate
The Small Lot Housing Code is a positive initiative and regular planning permit applicants would agree that any exemption for the planning permit process is a good one. However the following issues were raised at the briefing that do not yet appear to be fully resolved:
- Overcoming discretionary and interpretative issue
Although the Code is designed to provide certainty and remove issues of ‘interpretation and discretion’ (providing Building Surveyors with black and white Standards) it is apparent that more guidance from the GAA is required to answer questions such as: - What constitutes a bedroom? : A number of Standards vary depending on the number of bedrooms contained within a dwelling. Building Surveyors at the briefing asked ‘when does a study become a bedroom’?
- What constitutes a ‘contrasting color’: Standard 15 is partially met if ‘two or more contrasting wall colours and/or tones’ are used. Building Surveyors at the briefing raised concerns that no guidance had been given to define ‘contrasting’.
- Solar access to Private Open Space Standard
Some discussion was had regarding this new Standard. The Standard requires only the consideration of the midday equinox shadows. However the formula used results in a 0.9m length of shadow for every metre of wall height. In contrast the current ResCode Standard only results in a 0.78m shadow for every metre of wall height. We are currently seeking clarification on this issue and will keep you informed.
Members can find a full copy of the Small Lot Housing Code and the Growth Areas Authority Information Sheets at www.gaa.vic.gov.au
Seek Professional Advice
Information contained in this publication should be considered as a reference only and is not a substitute for professional advice. No liability will be accepted for any loss incurred as a result of relying on the information contained in this publication. Seek professional advice in specific circumstances.
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