Industry News

EDITION 62, OCTOBER 2015

Public exhibition of proposed changes to the Exempt and Complying Development SEPP

The NSW Government’s proposed amendments to the State Environmental Planning Policy (Exempt and Complying Development) 2008 (Exempt and Complying Development SEPP) are open to community comment with the public

exhibition and submission period commencing 19 October 2015. Over 60 individual amendments have been proposed to the Exempt and Complying Development SEPP. The objectives of the proposed changes are listed on the website of the Department of Planning & Environment as follows: to clarify existing defined terms, to refine clauses to ensure they achieve the policy’s intent, to clarify the policy’s intent in the case of minor inconsistencies, to correct minor clause references and drafting errors. An Explanation of Intended Effect which summarises the key proposed amendments is available on the Department’s website here. A draft version of the amending Exempt and Complying Development SEPP is set to be released shortly.

Council reminds that it is a requirement to nominate on the plans how a proposed residential dwelling or applicable extension intends to comply with requirements of the Building Code of Australia BCA 2015 section 3.7.2 - smoke alarms. The plans for a Construction Certificate or Complying Development Certificate need to nominate the proposed location of smoke alarms. They also need to state that if more than one alarm is used, there is a requirement for them to be interconnected. The requirement for interconnected and hardwired smoke alarms must be confirmed in the form of smoke alarm certificate that is required to be submitted to Council prior to occupation inspection.

SMOKE DETECTOR REQUIREMENTS

What is your name? Dave McDonald

What do you do at Wagga Wagga City Council? Strategic Town Planner

How long have you been at Wagga Wagga City Council? Two months

What is the website you visit the most? Department of Planning & Environment

Favourite expression/saying? Don’t really have a favourite.

Up north I drink? Tea

What type of coffee do you drink? Flat white

I will never be seen without my.... Sunnies

Favourite hobbies? Walking

Where do you see yourself in 10 years? Strategic Planning Manager

If you could choose any five dinner guests in the world (dead or alive) they would be? Not sure

What is your name? Jessica Facey

What do you do at Wagga Wagga City Council? Development Officer

How long have you been at Wagga Wagga City Council? Since January 2015

What is the website you visit the most? Facebook

Favourite expression/saying? Don’t judge a book by its cover

Up north I drink? A jug of melon head

What type of coffee do you drink? Vanilla Lattes

I will never be seen without my.... mimco

Favourite hobbies? Drawing & Shopping

Where do you see yourself in 10 years? In South America on a nice big holiday

If you could choose any five dinner guests in the world (dead or alive) they would be? Cara Delvingne, Taylor Swift, Ariana Grande, Heath Ledger, Steve Irwin

Public exhibition of proposed changes

to the Standard Instrument

Posted on October 25, 2015 by Megan Hawley of Lindsay Taylor Lawyers

The public exhibition and submission period for the NSW Government’s proposed changes to the Standard Instrument – Principal Local Environmental Plan (Standard Instrument LEP) commenced on 20 October 2015. Five aspects of the Standard Instrument LEP have been identified for amendment. The Department of Planning’s website describes the proposed changes as follows:

add “hardware and building supplies” and “garden centres” to the mandatory uses permitted with consent in IN1 General Industrial, IN2 Light Industrial and B7 Business Park zones;

add “places of public worship” to the mandatory uses permitted with consent in IN1 General Industrial and IN2 Light Industrial zones;

amend clause 4.1(4) to clarify what is meant by “subdivision of individual lots in a strata plan or community title scheme”;

amend the definition “building height” to allow height of buildings to be measured relative to a known datum; and

amend the definition of “livestock processing industry” to remove the phrase “derived principally from surrounding districts”.

A detailed summary of the proposed changes is contained in the Explanatory Material available on the Department’s website here. The proposed change to clause 4.1(4) is to be welcomed to the extent that it creates greater clarity regarding the scope of the exception to the minimum subdivision lot size that applies in relation to a strata and community title schemes. As currently worded, Clause 4.1(4) states: (4) This clause does not apply in relation to the subdivision of individual lots in a strata plan or community title scheme.

In my view, the exception in clause 4.1(4) as currently drafted does not apply to lots created when the strata plan or community scheme is first registered, but only to a subdivision of lots within a strata plan or community scheme which has previously been created.

The proposed new wording of clause 4.1(4) states: (4) This clause does not apply in relation to the following:

(a) the subdivision of land under the Community Land Development Act 1989; (b) the subdivision of land into lots as a strata plan under the Strata Schemes (Freehold

Development) Act 1973, (c) the subdivision of lots in a strata plan under that Act.

This drafting makes it clear in respect of strata plans that the exception to the minimum lot size applies in respect of a subdivision of Torrens title land by way of a strata plan, and also a further subdivision of lots within a previously registered strata plan. The proposed wording used in respect of community schemes is less clear. It is odd that the same formulation of words as for strata plans was not used. However, as the creation of a community scheme would be a subdivision ‘under’ the Community Land Development Act 1989, my view is the effect is the same. Therefore, if the proposed new clause is included in the Standard Instrument LEP the effect will be that the minimum lot size standards in clause 4.1 do not apply to the creation of lots by way of registration of a strata plan or community scheme, and also do not apply to further subdivision of lots within an existing strata plan or community scheme.

Basix Requirements Important considerations when completing/submitting a Basix Certificate.

Background

The Building Sustainability Index (BASIX) aims to deliver equitable, effective water and greenhouse gas

reductions across the state.

An integrated part of the planning system, BASIX is implemented under the Environmental Planning and

Assessment Act. BASIX applies to all residential dwelling types and is part of the Development Application

process in NSW

Have you filled out the correct form/s?

Depending on the nature of the proposal there are particular assessment tools, please ensure you

undertake and lodge the correct assessment for the development you are undertaking. Council will insist

that the correct tool has been used and will enforce this requirement from 1st October 2015.

Is your Basix Certificate in date at time of lodgement?

The applicant must ensure that the BASIX Certificate is valid at time of lodgement. NOTE: BASIX Certificates have a 3 month expiry period. Does your Basix Certificate identify the correct address? Council has identified instances where the BASIX Certificate lodged with the Development Application has made reference to a different address or has an incorrect Lot and/or DP number to that on the Development Application form. In these instances an amended BASIX will be requested. Council will insist that the correct address be listed on the BASIX Certificate and will enforce this requirement from 1st October 2015. Do the BASIX Certificate commitments need to be shown on the Development Application plans?

If the BASIX certificate identifies that the particular commitment must be shown on the plans, then this

detail must be clearly presented on the drawings. This includes any commitments relating to landscaping

and landscaping species which some applicants have not included on their plans in the past. Please be

advised that the requirement to show commitments on plans will be insisted upon from 1st October 2015.

What happens if your Construction Certificate varies from your Development Application in terms

of the required BASIX Commitments?

In this instance the Certifying Authority will determine the following:

1. Is a new BASIX certificate required? In most instances the answer to this will be yes and a revised

Basix will be requested by the Certifying Authority prior to the issue of any Construction Certificate or

issue of Final Occupation depending on when the changes have been proposed/made.

2. Is a modification to my Development Application required? This will be based on the degree of

variation from the approved development application plans. Minor changes may not require a

modification to be lodged, however you should discuss this with Council or your Principal Certifying

Authority.

The launch of the NSW Planning Portal later this year

Legislation for a 21st Century digital planning system in NSW Proclaimed in November 2014, the Environmental Planning and Assessment Amendment Act 2014 contained provisions for the legal recognition of a NSW Planning Portal and NSW Planning Database from 30 November this year. The changes, outlined in Planning Circular PS15-001, mark a significant shift to a digital planning system for NSW. The legislation provides for the legal recognition of digital data (text and spatial) stored within the NSW Planning Database and for the Secretary to determine standard technical requirements for: • environmental planning instruments • plans, or documents • spatial datasets • maps • the form of applications for consent, approvals or certificates that must be implemented by councils and other planning authorities. For users of the planning system, the legislation will facilitate a change that will help individuals save time and money by accessing Statewide planning information and services from one online location – the NSW Planning Portal. Planners and GIS professionals will see similar benefits. In their roles of preparing planning proposals, they will need to adopt new requirements for the supply of digital spatial to the Department. These changes are discussed below. A NSW Planning Portal and NSW Planning Database The NSW Planning Portal will be launched later this year, with even greater functionality and services to be added during 2016. Features of the Planning Portal will include: • single point of access to all current state and local planning controls for NSW properties • address search of comprehensive planning and property data layers • the ability to lodge and track submissions for State significant development and State significant infrastructure • electronic exchange of spatial data using Web Map Services • improved interactive mapping • a planning alerts service, notifying of new planning proposals, State significant development and State significant infrastructure • powerful new search tools • an enhanced help facility for users, supported by Service NSW. • a pilot for online lodgement of local and regionally significant development. All current state and local planning controls shown in the Portal will be held in the NSW Planning Database. What’s changing for councils and the Department The launch of the Planning Portal and Planning Database will complement ePlanning systems councils currently have in place. Council systems will continue to provide a local view of planning controls and development activity for local communities. The Portal will provide a Statewide view of current planning controls and State developments for the benefit of the entire NSW community. Councils will find new features in the Portal that will help local communities. For example, subscribers to ‘Planning Alerts’ will automatically receive notifications on the submission and progress of new planning proposals as well as State significant developments and State significant infrastructure, depending on which option the user selects. For councils and the Department, the Portal will introduce important changes in the way spatial data is managed and published. A key change will be new standard technical requirements for spatial data accompanying planning proposals.

The launch of the NSW Planning Portal later this year

New technical standards for spatial data New technical standards for spatial data will be combined with updated governance arrangements for the supply of spatial data to the Department. The new arrangements will help councils assess planning proposals efficiently using GIS data and with a reduced reliance on PDF maps. Councils will be required to supply GIS data to new standard technical requirements with all planning proposals. Spatial data is to be sent to a single Department address. To help councils meet the GIS standards, we are developing tools (Extract Transform Load tools) to automatically check and report where the spatial data meets or does not meet the standards. These tools will significantly improve the quality and completeness of spatial data accompanying planning proposals. Piloting automatic checking of GIS data We will be piloting the tools with a number of councils based on the following criteria: • the maturity of their current ePlanning systems • numbers of planning proposals processed each year • technical considerations, including type of GIS system and whether a local or state cadastre is used. The results of the pilot will guide us on how the tools are supported across the diverse spectrum of councils’ GIS capabilities and capacities. Application Lodgement A common concern for everyone using the planning system is the lack of standardisation with the DA lodgement process. Users want an end-to-end online development assessment ‘experience’, with greater efficiency and speed for development proposal assessments. The Department’s ePlanning program is researching the requirements for online lodgement of Development Applications and Complying Development Certificates. The ePlanning team has carried out Business Process Mapping of the application lodgement process with 18 urban, peri-urban and regional NSW councils. The business process mapping will guide the user requirements ePlanning is using in its blueprint for online application lodgement. A prototype should be ready in early 2016 for a further consultation with councils and other key stakeholders. In every step of the project, councils and stakeholders are helping guide the shape and form of online application lodgement. More than 300,000 ePlanning tool visitors

Our three ePlanning tools – the Planning Viewer, Interactive Buildings and Local Insights – continue to be extremely popular. More than 300,000 visitors have now used the tools since they came online last year. That’s an average of 25,000 visitors per month.

The Department is committed to working with councils in developing online systems that make planning processes simpler and more transparent for end users. For councils wishing to engage in online planning services, the NSW Planning Portal presents a unique opportunity to partner with the NSW Government in providing a Statewide ePlanning solution.

Earthworks (Retaining Walls, Cut and Fill)

Retaining walls are an integral component of building on sloping sites, however, they need to be managed to protect adjoining properties and to ensure that impacts of development, such as overlooking and water runoff are managed appropriately. To enable a proper assessment of the impacts of development involving the use of retaining walls, it is essential that Council is provided with the following information at Development Application lodgement stage: Plans showing the location and height of any retaining walls. Elevation plans of the retaining walls,

showing heights of the wall, including spot heights at either end of the retaining wall.

All earthworks and retaining walls greater than 600mm (other than exempt) are to also provide the following information as per the Development Application Preparation and Lodgement Guide; Soil and Water Management Plan – The plan is to include details of measures to be implemented on the site prior to construction and during the course of construction. The plan shall nominate types of sediment and control measures proposed, size, location and review and maintenance measures. The plan should indicate the location of suitable drainage to manage stormwater detention and runoff. Site Analysis Plans – Ensure there is adequate drainage lines/pits shown on the plans for the management of stormwater. Engineers certification for retaining walls

and batter in accordance with the DCP controls 9.4.6

On many occasions, Council is provided with plans that simply state that any retaining walls will comply with the controls set out in the Wagga Wagga Development Control Plan 2010. This statement alone is not adequate, as a retaining wall that complies with all controls in the WWDCP 2010 still may be unacceptable due to specific site conditions. For example, a 1.5m retaining wall near a boundary in a steeply sloping area may still result in unacceptable overlooking impacts despite it complying with all controls. Without the provision of detailed levels, Council is unable to make such an assessment of impacts, which will result in delays to the processing of applications as further information will need to be requested. Recently, there has been a number of issues of non-compliance for cut and fill works, where works greater than what has been approved have been carried out. To address this issue, Council will, starting from 12th November 2015, be imposing a condition of consent requiring a new mandatory inspection when Development Consent is granted for any Development Application including earthworks over 600mm. The timing of this inspection will be after any cut and fill is carried out, but before the pouring of the slab. The purpose of this inspection is to ensure that earthworks are consistent with the approval granted. Picking up any inconsistencies at this time will enable opportunity for an amendment to the Development Consent to be assessed prior to further works proceeding which makes any alterations or changes identified under the assessment as being necessary, difficult to carry out.

Development in Bushfire prone land

Development in Bushfire prone areas may require additional construction measures in order to respond to mechanisms of bushfire attack. Prior to lodging an application for development on bushfire prone land, applicants should carry out preliminary bushfire assessment. The information on designated bushfire prone land is available on the Council online mapping system that can be accessed via www.wagga.nsw.gov.au. The bushfire prone land can be selected from the WW Local Environmental Plan tools in the Planning layer or alternatively the maps are available in the WW LEP 2010 map section on the www.legislation.nsw.gov.au website. The rural fire services website (www.rfs.nsw.gov.au) contains checklists for assessment of bushfire attack level (BAL). It also contains document “Planning for Bushfire Protection 2006” with overreaching measures on this land. This document must be considered in the development assessment stage pursuant to requirement

of section 79BA of the Environmental Planning and Assessment Act.

It is particularly important that plans address requirements of Planning for Bushfire Protection 2006 document. One of the requirements is to determine asset protection zone (APZ) that needs to be established on the land depending on the surrounding bushfire threat vegetation. The plan should show how APZ will be established on the lot, whether any tree needs to be removed/ cleared / destroyed, and how the APZ will be incorporated where there is a requirement to provide tree planting on the lot subject to provisions of Native Vegetation Cover (WW development Control Plan section 5.3). Other aspects such as compliant access roads and provisions of static water supply must be specified on the plans and documentation. For the development on the bushfire prone land, information on how proposed development will achieve compliance with provisions of Australian Standard AS3959.2009 – Construction of Buildings in Bushfire prone land for particular Bushfire Attach Levels (BAL) shall be nominated on the plans. At lower BAL’s particular attention needs to be taken for the design and construction of decks, window screening, roof sealing, materials on the external façade within 400mm from the ground, doors and window assemblies.

Cartwrights Hill

Two areas in Cartwrights Hill remain deferred and will require a

separate planning proposal.

B6 Enterprise Corridor at Gumly Gumly (North & South)

Work is resuming on progressing

these planning proposals.

Planning Proposal 2015 – Round 1 Planning Proposal has been distributed to Agencies

for comment prior to exhibition.

Further information For updates on these planning proposals, refer to the Department of Planning and Environment’s LEP Tracking website, available at:

http://leptracking.planning.nsw.gov.au/Default.aspx

The track LEP amendments for Wagga Wagga on the Department of Planning & Environment’s website follow this link: http://leptracking.planning.nsw.gov.au/PublicList.aspx?ProjectTitle=&AreaId=140&ProposalType=0+or+Amending

To ensure that industry is using the correct versions of Council’s application forms and documents when preparing applications to Council, it is strongly recommended that the necessary documentation is downloaded as required from Council’s Website (http://

www.wagga.nsw.gov.au/city-of-wagga-wagga/planning/document-quicklinks) to ensure older

outdated versions are not used. To ensure industry is kept up to date on the latest versions of Council’s development guides and checklists, the correct versions as at 28 October 2015 are identified in the following table

and can be viewed and downloaded at the link identified above.

Application Forms Version Date

Development Application Form 1.1 October 2013

Section 94A Levy Contribution Form 1.3 March 2013

Disclosure of Political Donations and Gifts Form 1.3 April 2013

Modify a Consent or Certificate Form 1.1 August 2013

Review of Determination Form 1.1 April 2013

Notice of Withdrawal of Application Form 1 April 2013

Subdivision Certificate Application Form 1.1 April 2013

CC & CDC Application Form 1 January 2013

CC Statistical Return for ABS 1 February 2013

Notice of Commencement of Building or Subdivision Works and Appointment of PCA Form

1.4 October 2014

Application for Occupation Certificate Form 1.3 October 2014

Building Certificate Application Form 1 March 2013

Section 68 Activity Approval Application Form 1.4 August 2013

Fire Safety Certificate Form 1 March 2013

Annual Fire Safety Statement Form 1.1 March 2013

BAL Certificate Application Form 1 March 2013

Minor Works Application Form 1 March 2013

Swimming Pool Compliance Application Form 1.2 October 2013

Internal Waterproofing Compliance Form 1 October 2014

Bushfire Compliance Form 1 October 2014

Final Occupation Certificate Form 1.5 March 2015

Attachments

Attachment A—Section 68 Activity Approval 1.7 March 2014

Attachment B—Integrated Development 1.4 May 2014

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Guides Version Date

Development Application Preparation and Lodgement Guide 1.9 November 2013

Construction Certificate Preparation and Lodgement Guide 1.6 January 2013

Complying Development Certificate Preparation and Lodgement Guide

1.1 August 2014

Subdivision Certificate Preparation and Lodgement Guide 1.4 November 2013

Section 68 Preparation and Lodgement Guide 1.3 April 2013

Development Application Checklists

Commercial Industrial Checklist 1.7 November 2013

Demolition Checklist 1.6 April 2013

Entertainment Venue & Events Checklist 1.7 November 2013

Heritage & Conservation Area Checklist 1.6 April 2013

Residential Buildings Checklist 1.6 April 2013

Residential Alterations & Additions Checklist 1.6 April 2013

Subdivision Checklist* 1.7 November 2013

Advertising & Signage Checklist 1.6 April 2013

Land Use or Change of Land Use Checklist 1.7 November 2013

Minor Residential Development Checklist 1.2 May 2014

Construction Certificate Checklists

Construction Certificate Checklist 1.7 April 2013

Complying Development Checklist 1.9 August 2014

Subdivision Certificate Checklists

Community & Strata Title Checklist 1.5 November 2013

Torrens Title Checklist 1.4 June 2013 Up

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