Above view of residential houses showing their boundaries, nearby roads, and neighbouring properties.

Medium Density Fast Track Approval Code delayed again

Contents

The commencement of the Low Rise Medium Density Housing Code in local council areas has been pushed back from July to 31 October 2019. Wollongong, Shellharbour, Kiama and Shoalhaven council areas have all been granted a further deferral of the code.

The Code, which was released in July 2018, allows certain medium density development including dual occupancies, manor houses and terraces to be approved under the fast track complying development. Provided the property is located in residential (R1, R2, R3) or village (RU5) zones and satisfies the prescriptive code requirements, it can be approved as complying development.

The further deferral comes as a disappointment for many developers and homeowners looking to improve their properties without the red-tape usually associated with obtaining an approval. Under the Code one or two-storey occupancies, manor houses and terraces can be approved within 20 days by a private certifier.

The Code is part of the NSW Government’s commitment to providing housing diversity to meet the needs of the changing and growing population. It has been implemented in 82 council areas across the State. Whilst it represents a step in the right direction, the deferrals and the strict criteria under the Code are factors which have lessened its effectiveness.

Lorri Field

Lorri is a director of PDC Law. Lorri combines excellent technical expertise with a common-sense approach to best represent her clients. She is one of few Accredited Specialists in Commercial Litigation in the Illawarra and Shoalhaven. This accreditation is testament to Lorri’s expert knowledge and skill in dealing with commercial disputes. In 2019 Lorri was awarded Regional Lawyer of the Year by Women Lawyers Achievement Awards.

Recent articles

Browse some recent articles from the PDC Law blog.

Changes to Capital Gains Withholding Regime from 1 January 2025

The Foreign Resident Capital Gains Withholding (FRCGW) regime must now be considered by all vendors and purchasers in Australia. What is a FRCGW Clearance Certificate? If you are a vendor, who is an Australian resident for tax purposes, you may be surprised to hear your solicitor or conveyancer request that you apply for a Foreign…

Skye Downing

Legal Update: Increase to Surcharge Purchaser Duty for Foreign Persons from 1 January 2025

Surcharge purchaser duty is an additional amount of duty payable by foreign purchasers who acquire residential-related property in NSW. On and from 1 January 2025, surcharge purchaser duty increased from 8% to 9% of the dutiable value of the property (often the purchase price). This increase makes it even more important for non-Australian citizens purchasing…

Sarah Hilton
Call (02) 4288 0150 phone