The State Environmental Planning Policy (SEPP) 2009 (also known as the SEPP for Affordable Rental Housing) outlines specific criteria for secondary dwellings, such as granny flats, in New South Wales. Here’s a detailed breakdown based on SEPP 2009:
1. Zoning and Permissibility
Permitted Zones: Secondary dwellings are typically permissible in the R1 General Residential, R2 Low Density Residential, R3 Medium Density Residential, and certain rural zones. It's important to check the specific zoning of your property as outlined in the Local Environmental Plan (LEP) for your area.
2. Lot Size Requirements
Minimum Lot Size: Generally, the lot size must be at least 450 square meters. In some cases, this can be less if the property is in a specified zone or if the local council has adopted a different minimum lot size.
3. Existing Dwelling Requirement
Primary Dwelling: There must be an existing primary dwelling on the property. Secondary dwellings cannot be constructed on properties that do not already have a primary residence.
4. Setbacks and Boundaries
Side and Rear Setbacks: For secondary dwellings, the minimum side and rear setbacks are generally 0.9 meters. However, local councils may have additional requirements or variations based on their specific planning rules.
Front Setback: The front setback generally needs to match the existing primary dwelling or comply with the local council's requirements.
5. Building Height and Floor Space Ratio (FSR)
Height Limits: The maximum height for a secondary dwelling is typically 4.5 meters if it's a single-story, or 8 meters if it's a two-story structure. However, this can vary depending on the specific LEP provisions.
FSR Limits: The secondary dwelling must comply with the overall floor space ratio for the lot, which is usually detailed in the local council’s LEP. SEPP 2009 sets a maximum of 60 square meters for the floor area of the secondary dwelling.
6. Parking Requirements
Parking Spaces: SEPP 2009 generally does not require additional parking for secondary dwellings if the property already has adequate parking for the primary dwelling. However, local councils might have specific requirements regarding the provision of off-street parking.
7. Bushfire and Flood Risk
Bushfire Zones: If the property is in a bushfire-prone area, compliance with the relevant bushfire safety requirements is necessary. This may involve construction standards designed to reduce fire risk.
Flood Zones: If the property is in a flood-prone area, you need to ensure that the secondary dwelling complies with flood management requirements and does not exacerbate flood risks.
8. Utility Services
Service Availability: The property must have access to essential services such as water, sewerage, and electricity. The secondary dwelling must not place undue strain on existing infrastructure.
9. Design and Construction Standards
Compliance: The secondary dwelling must adhere to the Building Code of Australia (BCA) and other relevant standards, including those for health and safety, environmental sustainability, and construction quality.
10. Local Council Approval
Development Application (DA): While SEPP 2009 provides statewide rules, the local council might still require a development application (DA) or additional approvals. This includes compliance with any local planning controls or conditions.
11. Other Considerations
Environmental Impact: Ensure that the construction of the secondary dwelling does not adversely impact the environment or neighbouring properties.
Design and Aesthetics: The design should be compatible with the existing primary dwelling and surrounding neighbourhood in terms of scale, appearance, and overall impact.
For personalised guidance and to explore the feasibility of adding a secondary dwelling to your property, consider consulting JayN Design. We offer free consultations and feasibility studies to help you navigate the requirements and ensure your project complies with SEPP 2009 and local regulations.
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