Low density stays low in Lane Cove

Low density stays low in LC

Most owners of Lane Cove properties would be sighing in relief. Lane Cove Council’s exemption from the new lowrise medium density housing code became official mid- June when its 2009 LEP was officially amended to ensure the code will not apply to 2,600 properties in Council’s R2 low-density areas.

If it had not been amended, the code – known as the medium density code for short - would have applied to properties of 600-plus sqm in low-density zones just two weeks later on July 1 when Council’s deferral of the code expired. Application of the code would have encouraged medium-density building styles across the low-density area, including twostorey townhouses and terraces – and these would be fast-tracked without the usual development applications. ”Finalisation of Council’s exemption from this code gives residents certainty about the kind of developments permitted in the area, said Mayor Cr Pam Palmer. “It means no medium-density developments will occur in areas zoned R2.” Ms Palmer said Council’s community consultation showed that about 75% of residents did not want medium density. Confusingly, as well as applying to medium-density zones, the incoming medium-density code also applies to lowdensity zones where multi-occupancy dwellings are permitted. Prior to the amendment, under Lane Cove’s LEP, lowdensity zones did allow multi-occupancy villas – restricted to one storey and certain floor space ratios. “But just because we once wanted single-storey, multi-dwelling villas, it didn’t mean we wanted two-storey townhouses across our low-density zones,” said Council General Manager, Craig Wrightson. “So by simply removing multi-occupancy villas from its LEP, Lane Cove removed the possibility of a variety of medium-density buildings in the R2 zone.” The code initially came into effect mid2018 for many councils, but resistance by about 10 councils including Lane Cove, Hornsby, Inner West, Mosman and Northern Beaches, won a year’s deferral till July 1, 2019 from former Planning Minister Anthony Roberts. Lane Cove used this time to change its LEP, with Lane Cove the only council to achieve the exemption during the period. “We were very appreciative of Anthony Roberts’ working with us so that we’d get the outcome most residents would be happy with,” said Cr Palmer. “Without the recent exemption, not only would medium density have been allowed, but it would have been fast-tracked through a ‘complying development’ process, which does not require a development application”. Under the code, ‘complying developments’ which fit the code in mandatory ways can be processed by councils (or private certifiers) in a two-week process where a council does not assess a development nor its impacts on surrounds but ticks boxes, to ensure a building or extension fits the complying development category. There is little or no time for residents’ objections. Under its incoming ‘Missing Middle’ or medium-density code, the NSW Government is encouraging medium density dwellings to fill a perceived gap between the two most common building types – apartments and single dwellings – and to fast-track these to quickly meet housing targets and offer a wider range of housing types . Minister for Planning and Public Space, Rob Stokes, is in favour of greater density for creating more affordable and varied housing options as well as more open spaces. “Sydneysiders are looking for alternatives to free-standing homes and highrise apartments,” said Mr Stokes, “and twostorey terraces are one of many solutions.” The code is in operation in 78 of 129 LGAs in NSW where medium density or multioccupancy dwellings are allowed; other councils deferred application of the code for a year until July 1.

Map of lots in Lane Cove LGA which would have been eligible for townhouses and more, had LC Council not won an exemption.