A NSW Parliamentary Inquiry has been held into amending a NSW State Environmental Planning Policy (SEPP) to allow second dwellings on rural lands.
The purpose of the proposed amendment is to allow second dwelling construction on rural zoned properties (RU!-RU6 and C3 & C4 zonings) by:
- Permitting second dwellings as complying development in all rural zones
- Removing requirements for second dwellings to be “attached” to the principal dwelling
- Eliminating size limits, allowing second dwellings to be equal to or larger than the principal dwelling and potentially function as the primary dwelling
- Removing or relaxing distance restrictions
- Allowing second dwellings on properties above a specified elevation or outside 1-in-100-year flood zones
- Enabling flexible legal title arrangements (eg tenants in common, strata-like agreements) without subdivision
Hornsby Shire Council made a submission and gave evidence to the Inquiry. HSC currently permits secondary dwellings as a development application, but not as complying development. Council does not want a one size fits all SEPP to override their oversight of second dwellings on its rural lands.
There is widespread concern that local conditions cannot be taken into account under complying development.
