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Part 10: Development in Residential Zones (Commencing 1 July 2020)

Following three rounds of community and industry consultation, on the 23 March 2020, Council endorsed the amendment to Part 10 of the Albury Development Control Plan 2010 (DCP). This amendment will commence on 1 July 2020.

Part 10 of the DCP guides the design of housing and residential neighbourhoods. It includes a range of topics such as dwelling types and styles, design and appearance, height and setbacks, private open space, subdivision layout and shed and outbuildings.

The comprehensive amendment to Part 10 is structured in several divisions for each major type or category of residential development. This is intended to make each division as self-contained as possible and minimise the need for cross-referencing. As a result, many of the design and assessment guidance are repeated or similar in several divisions.

Or download each Division separately:

Typically, each division includes a Development Guidelines Table with the following three columns:

  • ‘Design Element’ – the part or aspect of development being guided,
  • ‘Guidelines’ – the numerical or non-numerical guideline. When proposed development is consistent with a guideline, it can generally be assumed that the development satisfies the corresponding performance criteria, and
  • ‘Performance Criteria’ – describe the reason for, and the outcome sought from, compliance with a development guideline.

The guidelines and the performance criteria work together. The performance criteria provide a ‘rule-of-thumb’ by which proposed departures (or variations) from the guidelines (numerical or non-numerical) can be both justified by the applicant and assessed by Council’s assessment officers. Should circumstances prevent consistency with a guideline the applicant is to demonstrate that the performance criteria is satisfied as part of their development application. This will also assist neighbours and interested stakeholders understand variations and why they are sought, as well as the outcomes they are seeking to achieve.

The schedule concludes Part 10 and contains illustrations and diagrams to help interpretation and application of the design guidelines and performance criteria.

Templates

To assist applicants in preparing a development application, word document templates are provided below for Divisions C, D and E (being the more commonly used divisions). The templates provide an additional column where applicants can comment on how their proposed development complies with the relevant guidelines and performance criteria.

Please note this does not replace a Statement of Environmental Effects available on our forms page.

Summary of new provisions and key changes in Part 10

* Note this a summary only and not exhaustive

    • Strengthened guidance and new ‘triggers’ for when master plans are requested.
    • Included in Division B, E, F, G and H, and complemented by illustrations.
    • Strengthened existing guidelines and approaches for provision of open space, which is to be considered strategically (eg. via a master plan or Council’s forthcoming Open Space Strategy and review of Thurgoona Wirlinga Precinct Structure Plan) and via developer contributions.
    • Guidelines are included for consideration of public open space in the master plan process, such as analysing existing supply, accessibility and site characteristics. These are included within the master plan provisions in Divisions B, E, F, G and H.
    • Adjusted guidelines and illustrations to encourage as many lots as possible to be aligned to cardinal points, either in a north-south axis or east-west axis. This is included in Division B.
  • Culs-de-sac keyboard_arrow_right
    • New guidance for supporting an interconnected street network and discouraging culs-de-sac, except where topography, and the like, makes it impractical. This is included in Division B.
    • Interconnected street networks are generally considered best practice urban design for a variety of reasons, such as improving access (particularly for walking and cycling), better supporting rectangular lots (optimising solar access) and enhancing passive surveillance.
    • New guidance seeks to improve the interface with public open space and land in an Environmental zone. This is included in Division B.
    • Seeks provision of a perimeter road between residential land and public open space and land in an Environmental zones. Lots and dwellings are also encouraged to face and address these lands, rather than being bordered by high, solid fencing.
    • A significant portion of land in Albury’s Environmental zones is also identified as bush fire prone land in Albury City Council LGA Bush Fire Prone Land Map. These guidelines support the NSW Rural Fire Service’s guidelines for Planning for Bushfire Protection.
  • Minimum landscaped area keyboard_arrow_right
    • New guidance specifies a minimum portion of the site to be landscaped. This guideline is included in Division C, D, E, F, G and H.
    • ‘Landscaped area’ means a part of a site used for growing plants, grasses and trees, but does not include any building, structure or hard paved area (as defined by the NSW Standard Instrument Principal LEP).
    • These guidelines aim to prevent ‘overdevelopment’ and ensure sufficient area is available for planting of trees and landscaping and to protect a minimum area for absorption of rainwater into the ground.
    • The minimum areas specified are generally adapted from, and similar to, the Codes SEPP (Exempt & Complying Development Codes 2008).
  • Maximum number of storeys keyboard_arrow_right
    • Revised guideline noting the current DCP does not stipulate a maximum building height (in metres or storeys) but relies on a building envelope for external wall heights.
    • To help provide greater certainty, a two-storey limit is proposed, this being the maximum number of storeys consistent with the built form and character of most of Albury’s residential areas.
    • Residential flat buildings and land in the R3 Medium Density Residential and the B4 Mixed use zones are excluded from this proposed guideline. Under the Albury LEP 2010 these zones allow taller buildings and the proposed approach will enable performance-based design and assessment of buildings proposed to be greater than two storeys.
    • New guidance seeks to ensure infill or new housing is consistent with the character of existing and new residential neighbourhoods and helps protect amenity of neighbours.
    • It limits height of buildings to one-storey in the backyard (rear 40% of the lot).
    • This guideline is excluded from medium density and mixed-use zones.
    • This guideline is included in Divisions D, E, F, G and H.
  • Setbacks keyboard_arrow_right
    • Setback guidelines have been adjusted and clarified.
    • Setbacks are generally adapted from, and similar to, the Codes SEPP.
  • Earthworks keyboard_arrow_right
    • New guidance seeks to limit earthworks to a maximum of 600mm above or below existing ground level.
    • Erosion and sediment control plans are to be submitted with development applications (except where soil disturbance is insignificant).
    • This guideline is included in Divisions B to H.
    • Various guidelines are adjusted and strengthened for design elements such as character, streetscape, building articulation, community safety and surveillance.
  • Resident-amenity keyboard_arrow_right
    • Various guidelines are adjusted and strengthened for design elements such as sunlight access, overshadowing, privacy and private open space.
    • Adjustments have been made to the minimum area and dimensions of private open space, and clarifications provided for ‘principal’ private open space requirements. Illustrations are included to assist. The revised private open space guidelines complement the new guidelines for minimum landscaped areas.
    • Guidance is included for climate-management for west-facing habitable rooms where architectural elements are to be used (e.g. extended eaves, verandahs, shutters or awnings), and potentially complemented by landscaping, to help reduce heat gain and improve thermal performance and comfort.
  • Sheds and outbuildings keyboard_arrow_right
    • New guidelines are included at the end of Divisions C, D & E.
    • Guidance includes site coverage of sheds (as a proportion of the dwelling house), setbacks and maximum wall height.
    • These proposed guidelines are designed to prevent overdevelopment, help maintain the amenity of neighbours and help ensure they are of scale and height consistent with other buildings in residential localities.
    • The impact of tree removal was a key issue raised during consultation. Tree management is currently controlled by Part 5 (Tree Preservation) of the ADCP 2010 and is a Council-wide matter beyond just residential development and residential zones (the subject of Part 10). Therefore, it is more appropriate and better addressed in a review of Part 5 (Tree Preservation) of the DCP.
    • A review of Part 5 is currently being undertaken and is considering a variety of aspects, including, but not limited to:
      • Recognition of the requirements for Biodiversity Certified land and areas excluded from Certification
      • Provisions for managing native vegetation, not only trees
      • Requirements for replacement planting
      • Vegetation-sensitive design principles
      • Acknowledging the value of vegetation beyond being habitat for threatened species, such as microclimate, soil stability, amenity, landscape and carbon sink
    • The review of Part 5 will have the opportunity for community consultation and involvement.
  • Environmental Sustainability keyboard_arrow_right
    • The draft Part 10 does not have a particular heading or section specifically addressing ‘environment’ or ‘sustainability’. This is because environmental issues overlap and are integral to multiple aspects and elements of design. For example, guidance is provided for various design elements such as site planning (orientation), solar access, minimum landscaped areas and climate management for west facing development, all of which contribute toward improved environmental outcomes.
    • For these reasons, an objective has been drafted for the whole Part 10 (Division A clause 3. a.), which requires these matters to be considered when Council determines a development application:
      • Connecting to nature,
      • Embracing sustainable residential design,
      • Supporting Albury’s liveable, vibrant, functional and attractive character, and
      • Making housing more affordable.

Consultation

Community and development industry consultation has been a key component of the review and amendment of Part 10. The amendment has been guided by three rounds of consultation:

  • Round 1 – Listening phase, during May and June 2018,
  • Round 2 – Issues and options phase, during November and December 2018, and
  • Round 3 – Public Exhibition phase, during July and August 2019.

Each round included a series of stakeholder workshops with the community and the local development industry. There was also opportunity to provide input and feedback via our “Have a Say” webpage and online questionnaires. In addition, Round 2 consultation included a discussion paper and Round 3 included an explanatory report.

For more information read the Council report including consideration of submissions received during public exhibition

Need more information?

If you have any questions, please contact Luke Stein on 02 6023 8285 or email info@alburycity.nsw.gov.au

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