State Housing Reforms & Complying Development

State Govt Housing Reforms

The recently released NSW Government Crows Nest (St Leonards) Transport Oriented Development Program (TOD) rezoning proposal is significantly more targeted than initially indicated and respects heritage conservation zones in Naremburn. The proposed changes in the Willoughby LGA are limited to one site, being the NSW Government owned land at Lot 4B Herbert Street at Royal North Shore Hospital (RNSH) which sits directly opposite the St Leonards train station. The State’s intention is to construct a 62-storey residential high-rise building at Lot 4B (higher than the Crown building at Barangaroo).

My position continues to be that RNSH land that is most accessible to St Leonards station and the new Crows Nest Metro should be reserved for clinical health care, research and education. It should allow for the Hospital’s future expansion. It should not be used for residential, commercial and retail purposes. More diverse housing is urgently needed but growth must be strategic and accompanied by significant investment in infrastructure and services.

In July the NSW Government implemented ‘stage 1’ of its Low and Mid-Rise Planning Reforms. There has been no change in the Willoughby LGA at this stage, however, ‘stage 2’ reforms will be notified “later in 2024”. Stage 2 reforms are likely to include non-refusal standards including reduced minimum lot sizes, reduced minimum frontages and increased permissibility in Conservation Areas. Stage 2 will also likely include increases to residential flat building heights and densities around selected centres, however centres haven’t been identified.

My position – the State Government’s housing reforms need to deliver for our communities and more housing, and more diverse housing, are urgently needed. Local heritage is crucial for vibrant communities – affordable housing does not have to damage our community’s unique heritage. Likewise, we need to see much greater commitment to local infrastructure and services, and strategies to address the potential loss of trees and overall canopy provided by private gardens.

Frustrated residents want to see changes to State Government Complying Development Code

What’s the problem?

Complying development is a combined planning and construction approval for a straightforward development that can be determined through a fast-track assessment ‘tick the box’ by a council or private registered certifier without the need for a development application to be lodged and assessed by Council.

The original intention of the complying development process was to fast track the certification process for low impact, small scale, and relatively straight forward development. Since its introduction in 2009 the NSW Government has progressively expanded the Codes SEPP to cover different developments.

Key concerns with the Code SEPP

  • the complying development pathway is too fast
  • it only requires that immediate neighbours are notified (not consulted)
  • it does not allow for community input, objections or feedback to manage local impacts on amenity, safety, traffic, and local character

Aerial imagery of the Willoughby Local Government Area shows an increase in tree coverage in council-controlled areas but a decrease in residential areas. Early indications suggest complying development controls are having a big impact, for example trees under 8 metres can be removed as part of a complying development for a new house with no requirement that trees be replaced.

What I’m doing

In June 2022 Councillors supported my motion to seek our local state member’s support to advocate for changes to the Complying Development Code to address community and council concerns.

We are still waiting on a response and action from the NSW Government.

At the November 2022 Council meeting we asked Council to provide information on our website explaining Council’s role in the complying development process, outline where Council will investigate, and include a Frequently Asked Questions section.

In mid-2024, Council made changes to the way complaints over development non-compliance are handled. Until recently, Council forwarded complaints relating to complying development certificates or development consents to the principal certifier overseeing the development, which is usually a private certifier. It has then been the principal certifier’s responsibility to investigate the complaint. Council will now investigate complaints in the first instance, instead of forwarding the complaint to the certifier. This new approach makes it simpler and responds to community feedback.