Guidance for councils on mid-rise patterns

The mid-rise housing patterns are pre-endorsed designs for residential flat buildings and shop top housing.

The land use type that the pattern applies to must be permissible with consent for the mid-rise pattern book planning pathway to apply to that land.

Under section 183 of the Housing SEPP, all 9 mid-rise patterns can be used on land where the Transport Oriented Development (TOD) and Low and Mid-Rise Housing Policy (LMR) policies apply, and the land use type is permitted. The three large lot patterns apply across the state wherever residential flat buildings of this size are permitted.

Land where mid-rise housing patterns cannot be used is outlined in section 182 of the Housing SEPP. The exclusions replicate existing Low- and Mid-rise Policy exclusions as well as the exclusion of state heritage items and heritage conservation areas (HCAs) to make sure mid-rise pattern book development is carried out on unconstrained land.

Development applications for mid-rise pattern book development must be accompanied by a mid-rise design verification statement prepared by an architect, confirming compliance with the patterns. 

The statement must confirm that pattern book development will comply with the development standards, location requirements, technical drawing set and technical information specified in the selected mid-rise housing pattern. A statement must also confirm the type of development the application relates to (i.e. residential flat buildings or shop top housing) and the mid-rise housing pattern selected for that type of development. These requirements are prescribed by a new section 36A of the EP&A Regulation for development applications and section 103A of the EP&A Regulation for modification applications.

The statement will make it easier for assessment officers to understand where and how the proposed development has met the standards set out in the patterns.

Read the Design Verification Statement (Mid-rise).

The Apartment Design Guide has informed the design of the mid-rise housing patterns and therefore, the guide is not required to be considered when assessing mid-rise housing pattern development applications. This has been achieved through section 184 of the Housing SEPP.

A statement addressing compliance with the guide under section 29 of the EP&A Regulation is not required since compliance with the patterns will be confirmed through the design verification statement.

As a result, councils are not required to consider any of the standards or matters in the guide when assessing a pattern book development through this process.

The patterns include development standards and planning controls that override existing planning controls. Section 183 of the Housing SEPP requires mid-rise housing pattern book development to be carried out in accordance with the development standards, location requirements, technical drawing set and technical information specified in the relevant mid-rise housing pattern.

The intent is for these development standards to override any equivalent local planning requirements, such as under a local environmental plan (LEP) or a development control plan (DCP).

Some steps in the development application process have been reduced or removed, as patterns are pre-endorsed by the Government Architect and have been developed together with a diverse range of architects to deliver innovative designs for the NSW Housing Pattern Book.

In addition to switching off the Apartment Design Guide, the assessment process is simplified as the standards are included in the patterns. This is achieved in a new section 184 of the Housing SEPP by:

• switching off non-discretionary standards for residential flat buildings (that normally apply under section 148 of the Housing SEPP)
• switching off the Transport Oriented Development Program floor space ratio and lot width requirements (that normally apply under sections 155(4) and 159 of the Housing SEPP)
• switching off the Low- and Mid-Rise Housing Policy landscaping, lot size and non-discretionary standards (that normally apply under sections 177–180 of the Housing SEPP), as the development standards are in the patterns, and the NSW Housing Pattern Book Landscape design guide has been developed to support pattern book development applications.

The development standards for height of building are contained in the mid-rise patterns. While the pattern standards override controls in other planning instruments, the patterns do refer to the height of building controls in the relevant environmental planning instrument. This is to ensure the pattern book development is consistent with the scale of development intended for a given site.

This means, in the Transport Oriented Development and Low- and Mid-rise housing areas, the pattern book development standards rely on the height permitted for Transport Oriented Development and Low- and Mid-rise development under Chapter 5 and 6 of the Housing SEPP.

In other areas across NSW, where the large lot patterns apply, pattern book development standards refer to the height controls applying to a given site. This is generally contained in the LEP.

Flexibility for certain components, such as the height of lift overruns and shared communal spaces, is also built into the patterns. This permits the height of the relevant environmental planning instrument development standard to be exceeded if it is for roof-top structures specified in the patterns.

The patterns contain a certain degree of flexibility to ensure they can be adapted to site-specific conditions and market preferences.

Development standards in the patterns cannot be varied beyond the accepted variations and adaptations specified in the patterns and, unlike typical development standards in environmental planning instruments, can’t be varied through clause 4.6 of the Standard Instrument for LEPs.

All pattern book development standards must be met to use the streamlined planning pathway. For example, each pattern includes a minimum lot size. If a lot does not meet this size, the requirement cannot be varied under clause 4.6 and the streamlined development application pathway in Chapter 7 of the Housing SEPP is not available.

Development standards that sit outside the patterns in environmental planning instruments could still be varied through clause 4.6 as usual.

The limited circumstances where clause 4.6 variations will be applicable will significantly reduce the assessment time for councils.

Councils must not refer development applications or modification applications that comply with the mid-rise housing patterns to design review panels, as pattern designs are pre-endorsed. 

This has been achieved through an amendment to section 288C of the EP&A Regulation, which relates to advice about design quality of residential apartment development, and amendments to sections 145 and 146 of the Housing SEPP.

An update will be made to the Local Planning Panel direction to remove the need for Local Planning Panels to determine mid-rise housing pattern development applications, based on triggers including building height or the number of submissions received. All other triggers, such as those relating to probity and conflict of interest, will remain. 

This would allow council to determine mid-rise housing pattern book development under delegation.

Councils can consider development applications that concurrently propose pattern book development and strata subdivision. This is achieved through new section 185 in the Housing SEPP. Alternatively, applicants can propose strata subdivision of mid-rise housing pattern book development via a separate DA.

Modifications of approved mid-rise housing pattern book development consents must include a design verification statement to demonstrate compliance with the selected pattern. This ensures the modification is consistent with the design and within the permitted adaptations, and gives councils greater certainty when assessing modification applications.

The new section 103A of the EP&A Regulation sets out the requirements for modifications of pattern book development consents.

Pre-development application meetings will not be necessary in most instances for pattern book development once the planning pathway and pattern designs become more familiar to councils and industry. This is because pattern book applicants rely on pre-endorsed patterns and must be accompanied by a design verification statement confirming consistency with the mid-rise housing patterns.

Councils should prioritise and process development application lodgement checks for mid-rise housing development applications faster, since the pre-endorsed designs and design verification statement provide greater certainty on the adequacy of the application.

Development applications will be more complete at the lodgement stage due to the pattern designs being pre-endorsed and accompanied by a design verification statement from an architect confirming compliance. Councils should have less need to ask for additional information to support development applications and must avoid requests for information that are not required.

Councils’ referrals to internal or external agencies during assessment will be significantly reduced. This is made possible by the land-based policy exclusions and permissibility requirements of the policy, which restrict mid-rise pattern book development to appropriate land.

As councils become more familiar with pattern-based development, the Department expects councils should not make internal or external referrals that are not relevant to the assessment process or are already suitably resolved by the policy and design.

Design-related referrals are not required as the mid-rise housing patterns have been pre-endorsed.