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Don't forget to add points to me if you find it useful...thanks in advance!
Please see the attached link...
http://www.grannyflatapprovals.c ... egislation-now-live
As rumoured, the NSW Department of Planning has released it’s new SEPP Legislation (State Environmental Planning Policy) rules for 2014. The live document was officially released on Saturday 22nd February 2014 but didn’t go live until tonight (Monday 24th February 2014). The new SEPP sees a myriad of new changes to the Exempt and Complying Development SEPP and (to a lesser degree) the Affordable Rental Housing SEPP. This latter SEPP now works more closely (particularly in it’s definitions) and in combination with the ‘Exempt and Complying Development SEPP’.
Naturally, we’re mainly concerned with changes which affect you as a granny flat developer, so we’ll focus only on changes which affects granny flats and studios. There are a few relevant changes; some good and some not so good in our view.
Ancillary Development Attached to a Granny Flat is now Allowed
Previous Rule: There was much confusion as to whether an attached structure (carport, garage, shed, patio, awning etc) could be approved as complying development, with many Council’s interpreting that only ‘exempt development’ structures could be attached to granny flats. This meant. for example that only a 20 sq m shed could be attqached and it had to have a height of 3 metres only. This created structural and aesthetic issues for the developer.
New Rule: You can attach larger complying development ’ancillary structures’ (garages, carports, sheds and the like) to a 60 sq. m granny flat. The attached structures must themselves meet the general complying SEPP legislation such as minimum landscaping, adequate drainage and other controls, but they can be attached to a granny flat with reasonable heights. If you’d like more clarity on this, feel free to call us!
No Minimum Site Area for Attached Granny Flats
Previous Rule: Under the old SEPP legislation, if your site was under 450 sq. m in area, you could only convert a portion within the existing dwelling house in to a granny flat. This meant you couldn’t extend your house to add an attached granny flat if the property was under 450 sq m in area.
New Rule: You can now extend your main dwelling to create an attached granny flat even if the site is less than 450 square meters. The new SEPP also goes on to say that you can erect a new primary dwelling and include a granny flat, whether attached, within or detached from the main dwelling at the same time and under one single complying development certificate application. So if you have a vacant block or wish to do a knock-down and rebuild, you can build a new house and granny flat as one approval.
Good luck! |
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