This article is from the Australian Property Journal archive
THE Western Australian government is relaxing regulations around granny flat construction, in an effort to boost housing across the state as a series of major planning reforms come into effect.
The state government’s new amendments to Residential Design Codes (R-Codes) mean ancillary dwellings—granny flats—won’t need planning approval if it is 70sqm or smaller and meets setback requirements.
While compliant granny flats on residential lots of any size in will no longer require approval under the latest planning reform.
“Our government continues to do everything we can to bolster the supply of housing throughout Western Australia – including through major planning reforms that cut red tape,” said John Carey, planning minister.
“Ancillary dwellings or – as we know them in Western Australia – granny flats can be an affordable, efficient and suitable housing option, including for rental properties and elderly family members seeking to downsize and remain in the community they love.”
Where previously, a minimum lot size of 350sqm was required for an ancillary dwelling or granny flat, now if a granny flat is deemed to comply provisions of the R-Codes it may be exempt from development approval.
“By removing the minimum lot size for compliant ancillary dwellings, and allowing grouped dwellings to have ancillary dwellings, the Cook Government is further streamlining planning processes and cutting unnecessary red tape to open up more opportunities for new housing,” added Carey.
Additionally, revisions to the Residential Design Codes remove minimum lot size for exemption and the requirement for extra car bay.
Granny flats will not be required to provide a parking bay, except for ancillary dwellings in some densities and proposed in locations where a car is more likely to be needed due to distance from public transport.
“This is just one of a number of major changes to Western Australia’s planning system that will accelerate the delivery of housing supply across the State,”said Carey.
“These reforms are a key pillar of our plans to boost housing supply and align with the National Planning Reform Blueprint agreed to by National Cabinet and complement our unprecedented $2.6 billion investment in housing and homelessness measures.”
The WA government has also announced amendments to and the finalisation of the State Planning Policy 7.3 Residential Design Codes, including revisions to the Medium Density Code, which will come into place on 1 March 2024.
After industry feedback, single homes in areas coded R40 and below won’t be subject to the Part C provisions for medium density development and existing standards from the R-Codes Volume 1 will continue to apply, which should minimise impacts on popular housing products in new residential estates.
The revised policy will retain the site area incentives for small dwellings and accessible dwellings in areas coded R30-R60 and will provide potential for ancillary dwellings on grouped dwelling sites, as well as removing the minimum 350sqm lot size.
“I did not take the decision to defer the Medium Density Code lightly and as Housing Minister I must do everything I can to boost housing in Western Australia,” added Carey.
“We have engaged with and listened to industry and understand that retaining many of the existing R Code provisions for single dwellings in most residential developments will reduce further pressure on the housing construction sector.”
The amended State Planning Policy 7.3 will be released in early-March 2024 and will be operational after Easter.
Additionally, changes to the Western Australian Planning Commission are currently underway, including a recruitment campaign for new commissioners that is anticipated to begin in the coming weeks.
A reformed Western Australian Planning Commission is scheduled to be in place from 1 July 2024.
Also from 1 July 2024, development applications involving single houses and any associated development, except where heritage is involved, must be determined by technical experts, through the chief executive officer or local government employee.
This means they can no longer be referred to or “called in” by council for determination.
Other changes in effect from 1 March 2024 include:
- Reforms to Development Assessment Panels (DAPs) that will see the new Metro Inner, Metro Outer and Regional DAPs become operational.
- The new Significant Development Pathway becomes operational, with projects valued at $20million or more in the Perth metropolitan area and Peel region and $5 million or more in regional areas can be lodged with the Western Australian Planning Commission for determination.
- An online system for lodgement and tracking of applications and a new user-friendly website will be available to help community members, applicants and stakeholders navigate and understand state planning processes.
