I write to you this update on the recently gazetted Complying Development Code CDC for Low Rise Medium Density Development
Please read it carefully before you decide to buy any property.
The long wait is over; the Low Rise Medium Density Code (Code) is upon us… or is it?
After two and half years of planning, drafting, testing and finally delivering the long-awaited Code to start after the 6th July 2018, but this week announcing that Ryde Council and Canterbury/Bankstown Council will be exempt from the new Code until 2020; The Department of Planning reasons being lack of infrastructure to cope with additional development made the backflip are somehow ridiculous and unbelievable.
Ryde Council and other winging councils such as Canterbury/Bankstown had two and half years to tell the State Government that the Code is not suitable but choosing to keep quiet.
What’s next? Last week the minister or planning Mr Anthony Roberts MP was inviting other councils to pull out if they wish to get time to adjust their LEP’s to cater for the new Code. My guess is that the majority of Sydney suburban councils will raise their hands and take the pull-out option.
In the appearance this is not a big deal; the council will fix the LEP to cater for the changes, but if we dig deep the councils will make their LEP bulletproof against the New Code and will render all their sites not permissible under the Code to keep control over any development.
I had huge number of enquiries since the introduction of the Code; the majority were very excited that finally they can develop in areas where Council had blocked development and made it impossible to develop such as Ryde Council where to do a duplex you will need a very large frontage or in other council where minimum site areas required for Medium density are exuberant such as the Hills Council, while other councils such as in Hornsby Council changed their LEP during Draft phase to introduce a restriction on subdivision of dual occupancies in their shire.
This trend will continue when every time the State Government decides to tackle housing affordability and increase the delivery of housing; The Local Councils stand in its way and start waving the infrastructure Red Card while the public is anxiously waiting for some breathing out of the housing squeeze.
The long wait will continue, eventually NSW developers will understand the games councils play and move their business to another State such as Victoria and Queensland where the laws and the Codes are clear and not subject to frequents backflips; or they can put a pressure on the government to gets its act together and stop been hijacked by the bullies (councils).
At the end; a word of warning: if you are looking to purchase a new site relying on the Code, please do not until you check the news first from the department or you can contact me and my team for an update on the famous Low Rise Medium Density Code.