The planning proposal has been prepared in response to the Low Rise Medium Density Housing Code ("the Code") under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
Low rise medium density residential development in the Code means:
• Dual occupancies
• Manor houses and 'one above the other' dual occupancies - buildings of between 2-4 dwellings
• Multi dwelling housing (terraces)
'Manor houses' and 'multi dwelling housing (terraces)' are two new land use terms that will be introduced with the Code.
Northern Beaches Council does not support dual occupancies, multi dwelling housing (terraces) and manor houses being carried out as complying development on certain land under Manly Local Environmental Plan (MLEP 2013) and Pittwater Local Environmental Plan 2014 (PLEP 2014). Accordingly, the planning proposal as lodged in June 2018 sought to prohibit:
- dual occupancies and multi dwelling housing in Zone R2 Low Density Residential under Manly Local Environmental Plan (MLEP 2013);
- dual occupancies in Zone R2 Low Density Residential under Pittwater LEP 2014 (PLEP 2014); and
- dual occupancies, multi dwelling housing and manor houses on land zoned R3 Medium Density Residential in the Warriewood Valley Release Area as identified on the Urban Release Area Map under PLEP 2014.
A Gateway determination was issued on 31 July 2018.
On 6 February 2019, in response to the Gateway determination, Council submitted an amended planning proposal dated January 2019.
The amended planning proposal seeks to:
- prohibit dual occupancies and multi dwelling housing in the R2 zone under MLEP 2013;
- prohibit dual occupancies in the R2 zone under PLEP 2014; and
- introduce a new savings transition clause to ensure that proposed amendments do not affect any current development applications or appeal processes.
These changes will mean that dual occupancies and multi dwelling housing cannot be carried out as local development or as complying development.
Council's amended planning proposal requires further revision to adequately address Gateway conditions 1b, 1c, 1d, 1e, 1f, 1g and 1h before the proposal can be approved for public exhibition.