By Michael Burt
A NSW Legislative Council report has recommended sweeping changes to State Environmental Planning Policy (SEPP) to allow the construction of second dwellings on rural and conservation zoned land.
Released last week, the report is the outcome of parliamentary inquiry into Rural Housing and Second Dwellings Reform that began in August last year. The inquiry’s select committee was made up of three Labor Members and one Member from The Greens, Liberal party, Nationals and the Libertarian Party.
Their report suggests the SEPP should be amended to permit secondary dwellings and dual occupnacies as complying development on land zoned R5, RU1, RU2, and RUr-RU6 and considering permitting them in zones C3 and C4 without requiring subdivision.
Other proposed changes included removing or increasing size limits, allowing secondary dwellings and dual occupancies to be equal to or larger than the principal dwelling, and function as the principal dwelling, and allowing changes to set back and distance restrictions for secondary dwellings and dual occupancies
Outbuildings and ancillary developments (such as sheds, swimming pools and carports) should also be permitted as complying development even when there is more than one dwelling located on the property.
Commitee chair John Ruddick MLC (Libertarian Party) said permitting second dwellings in rural and conservation zoned land, is one simple, effective and low-cost solution to the housing crisis in regional areas.
“The committee was concerned by the number of restrictions and regulations imposed on second dwellings and the challenges faced by landowners in obtaining council approval<’ Mr Ruddick said.
“Current planning controls and approval pathways for second dwellings were widely regarded as overly restrictive, complex, time-consuming and costly by stakeholders.”
“Landowners face significant barriers in navigating council approval processes, which are further complicated by inconsistencies in how local planning instruments are interpreted and applied across the state.”
“It is clear that the current regulatory framework for second dwellings is too restrictive and is in need of urgent reform.”
“The reforms proposed within this report to liberalise the construction of second dwellings on rural and conservation zoned land present an opportunity to make a meaningful difference.”
The proposed reforms also include that the NSW Government consider amending section 77 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021, so that a moveable dwelling or associated structure on land used to accommodate a person experiencing homelessness applies under the exemptions.
The inquiry received 292 submissions and heard from 30 witnesses over the course of three public hearings.