Amendment 13A – Local Variations to the Code SEPP, Low Rise Housing Diversity Code

Blue Mountains City Council has prepared a Planning Proposal for draft Amendment 13A to Local Environmental Plan (LEP) 2015 and is now seeking your feedback.

The Planning Proposal to amend LEP 2015 is seeking local variations to the Low Rise Housing Diversity Code in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Following negotiations with the NSW Department of Planning and Environment, draft Amendment 13A to LEP 2015 is seeking local variations to the Low Rise Code for floor space ratio controls and pervious area controls, for all development in the Blue Mountains under the Code.

See below for details on how to make a submission on this draft Planning Proposal.

Background
In 2018, the NSW State Government introduced the Low Rise Housing Diversity Code (Low Rise Code) in the State Environmental Planning Policy (Exempt and Complying Codes) 2008 (the Codes SEPP).

This Low Rise Code overrides local planning controls, providing an alternate approval pathway for some types of medium density housing, and allows greater development potential than local planning controls, with no provisions to manage stormwater.

Council has opposed the Low Rise Code since it was first proposed and the call for the Blue Mountains LGA to be exempt from the Low Rise Code was included as an action in Blue Mountains 2040: Living Sustainably (the Local Strategic Planning Statement), in response to the potential adverse environmental and character impacts, which are of particular significance in a World Heritage Area setting.

Timeline

• May 2021: Council prepared a Draft Amendment 13 to LEP 2015 which sought to enact an exemption from the Low Rise Housing Diversity Code (Low Rise Code) under State Environmental Planning Policy (exempt and complying codes) 2008 (the Codes SEPP). It was endorsed at the Ordinary Meeting of the Council of 25 May 2021 for Gateway review by the State Government. A copy of this report is available in the Council Meeting Documents on the right of this page. The NSW Department of Planning subsequently made a temporary 2 year amendment to the Codes SEPP, to floor space controls for dual occupancies, which addressed some but not all of Council's concerns. The NSW Department of Planning requested that Council re-submit the planning proposal to align with this temporary amendment.
  
  
• July 2021: Council re-stated its intention to continue to seek an exemption from the Low Rise Code and the planning proposal was resubmitted, now referenced as Amendment 13A. The NSW Department of Planning issued a Gateway Determination for the planning proposal, approving it to proceed to public exhibition subject to a number of conditions. Notably, these conditions requested that the planning proposal be amended to seek local variations to the Code SEPP to address Council’s issues, rather than an exemption from the Code. This is because it is the position of the State Government that no such exemptions will be granted.
  
  
• January 2022: Council amended the draft planning proposal to satisfy the conditions of the Gateway Determination, seeking local variations to the Low Rise Code which address:
  • floor space radio
  • site coverage and permeable area
  • stormwater management; and
  • minimum lot size

The purpose of these local variations to the Low Rise Code would be to ensure that there are protections in place for development under the Code for local character and environmental values consistent with those in LEP 2015. The related Council Meeting Documents on the right of this page.

• June 2022: The NSW Department of Planning have agreed to amend the Low Rise Code such that controls under Blue Mountains LEP 2015 for floor space ratio and pervious area will apply to all development in the Blue Mountains under the Low Rise Code. The proposal for these aspects can now proceed to public exhibition. It is important to note that this agreement is only to proceed to public exhibition. The Low Rise Code will not be amended until this proposal has been finalised. The related Council Meeting Documents and the final amended planning proposal is on the right of this page.

Unfortunately, the NSW Department of Planning has not supported the proposal to amend the Low Rise Code to address minimum lot size controls and stormwater management. Stormwater management is one of the key concerns with the Low Rise Code, as it contains no controls for the quality or quantity of stormwater leaving a site. The importance of this issue has been highlighted by the impacts of recent severe weather events. It is disappointing that the NSW Department of Planning have not recognised the importance of this issue and the need for stronger stormwater management controls to address best practice. In response to this, an existing but separate draft Amendment 16 to LEP 2015 be expanded to incorporate the requirement that stormwater management controls within LEP 2015 also apply under the Code in the Blue Mountains.

As outlined above, the final draft Amendment 13A to LEP 2015 Planning Proposal seeks to amend floor space ratio and pervious area for all development in the Blue Mountains under local variations to the Low Rise Housing Diversity Code in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Draft Amendment 13A to LEP 2015 is on public exhibition from Wednesday 29 June until Friday 5 August 2022

You can make a written submission by one of the following methods:

• Via the below submission form
• Email to council@bmcc.nsw.gov.au
• Mail to Chief Executive Officer, Blue Mountains City Council, Locked Bag 1005, Katoomba, NSW 2780. Please include Submission to Amendment 13A to LEP 2015 in your subject heading.

Submissions will close on Friday 5 August 2022.

For further information, please contact the City Planning Team on 02 4780 5000.