In New South Wales (NSW), the approval requirements for tiny homes, moveable dwellings, cabins and affordable housing vary based on factors such as the type of dwelling, its intended use and the property’s zoning.
Understanding these distinctions is important for compliance with local regulations.
Tiny Homes and Moveable Dwellings
Tiny homes, often constructed on trailers, are considered moveable dwellings under NSW legislation.
The Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021 outlines specific provisions:
- Private Land Use: You may place a moveable dwelling on private land without council approval if it is used for a maximum of two days in any single occasion and no more than 60 days in a 12-month period. For longer durations, council approval is required.
- Caravan Parks and Manufactured Home Estates: Installing a moveable dwelling within a caravan park or manufactured home estate typically requires approval from the park operator, who must ensure compliance with relevant standards.
Cabins
Cabins intended as permanent residences are generally classified as secondary dwellings or granny flats. Approval pathways include:
- Complying Development Certificate (CDC): For properties that meet specific criteria, such as minimum lot size and zoning requirements, a CDC offers a streamlined approval process. The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) provides detailed standards.
- Development Application (DA): If the proposed cabin does not meet CDC criteria, submitting a DA to the local council is necessary. This process involves a comprehensive assessment of the proposal’s compliance with planning controls.
Affordable Housing
Affordable housing developments are subject to specific planning policies aimed at increasing housing supply for low to moderate-income households:
- State Environmental Planning Policy (Housing) 2021: This policy consolidates provisions for affordable housing, including incentives for developments that incorporate affordable housing components. Developments with a capital investment value over $75 million, allocating at least 15% of the total gross floor area to affordable housing, can access the State Significant Development (SSD) planning approval pathway.
- Local Environmental Plans (LEPs): Individual councils may have specific provisions or incentives for affordable housing within their LEPs. Consulting the relevant council’s planning instruments is essential.
General Considerations
- Zoning: The property’s zoning determines permissible uses and development standards. Verifying zoning through the NSW Planning Portal or local council is a critical first step.
- Building Codes and Standards: All dwellings must comply with the National Construction Code (NCC) and relevant Australian Standards, ensuring safety and habitability.
- Heritage and Environmental Constraints: Properties with heritage listings or environmental constraints may have additional approval requirements. Engaging with council heritage officers or environmental planners can provide guidance.
Engaging with experienced town planners, such as ApproveAll Town Planning, can facilitate compliance and streamline the approval process, ensuring your development aligns with statutory requirements.
Contact us at projects@approveall.com.au or give us a call on (02) 8000 9150
