We’re opening doors using ‘deemed to comply’ design standards
The new Townhouse and Low-Rise Code is supporting faster approvals for townhouse plans that meet the design standards for good development, and are appropriate for the community that surrounds them.
The Code sets basic but important standards for good development. The standards include, but are not limited to:
- Neighbourhood character rules like six metre setbacks at the front, and setbacks at the side and rear.
- Tree canopy and open space requirements, including protecting trees that are a certain size.
- A mix of 1-, 2- and 3-bedroom apartments in projects of a certain size, to support families.
- Protection for neighbours from overlooking and overshadowing.
- Enough sunlight, storage, room size, ventilation and private open space for residents.
- Buildings that are sustainable and energy efficient.
How ‘deemed to comply’ works
When an application is submitted, councils will assess if it meets the Townhouse and Low-Rise Code.
If the application meets the Code's strong new standards, the application is ‘deemed to comply’. No more assessment is required. Approval is fast-tracked.
If the code is not met – for example, if the application includes only a four metre setback at the front – then a normal planning review process will apply.
The project may still get the green light at the end of that process, but it won’t be on the ‘deemed to comply’ fast-track and third-party appeal rights will be maintained.
If there are additional permit triggers locally such as heritage or flood overlays – or if there’s a two-storey height limit in a zone – an application will have to comply with these rules as well as meeting the code. But the application won’t have to comply with rules that are already standardised by the code, such as setbacks, design and tree cover.
To learn more about the Deemed of Comply for the ‘Townhouse and Low-Rise Code visit New townhouse and low-rise code enabling better outcomes and faster permits(opens in a new window)
Updated