Introduction

The State Government's policy to provide alternative housing options has resulted in significant changes coming into effect, as of 2 August 2013, regarding the R Codes and Ancillary Accommodation.

A New Objective and Definition

Firstly, the objective has changed: previously, the R Codes referred to only one stated objective which applied generally to all special purpose dwellings, including aged or dependant persons' dwellings.

Now there is a specific objective, aimed at ancillary dwellings "to provide ancillary accommodation which is independent or semi independent to residents of the single house."

Secondly, the definition is different: it is no longer referred to as ancillary accommodation. It is now an ancillary dwelling, defined as "a self contained dwelling on the same lot as a single house which may be attached to, integrated with or detached from the single house."

Methods of Assessment

Previously, the R Codes referred to "Acceptable Development" provisions. These were objective criteria upon which development applications were measured. The term has now been replaced with "Deemed to Comply"provisions. Essentially they function, and are applied, in much the same way.

The old alternative to Acceptable Development assessment was known as "Performance Criteria" which were subjective criteria requiring decision-makers to exercise judgment based on the individual characteristics of any given application. This expression has now gone and is replaced with the expression "Design Principles". Again, they function and are applied in much the same way.

Acceptable Development (old) v Deemed to Comply provisions (new)

  • The previous requirement that the occupant or occupants be members of the family from the main dwelling has been removed.
  • The maximum "plot ratio area" has also increased from 60 square metres to 70 square metres.
  • Previously, one (1) additional car space was required. This has now changed to allow either one additional car space or no extra car spaces if the ancillary dwelling is within 800 metres of a train station on a high frequency rail route measured in a straight line from the pedestrian entry to the train station platform to any part of a lot or 250 metres of a high frequency bus route measured in a straight line from along any part of the route to any part of the lot.
  • Under the old R Codes, Table 1 "Open Space Requirements" needed to be met. Now the Ancillary Dwelling must comply with all other R Code provisions as they would apply to single houses but with the exception of:
    • site area requirements
    • street surveillance requirements
    • outdoor living areas

Performance Criteria (old) v Design Principles (new)

The Design Principles are contained in one sentence as follows:

"Ancillary dwellings for people who live either independently or semi independently to the residents of the single house sharing some site facilities and services and without compromising the amenity of surrounding properties."

Conclusion

The driving force behind these changes comes from the State Government's need to provide more accommodation and more housing flexibility in the coming years to help cope with Perth's growing population.

Principally, these changes will allow larger single residential lots to be further developed where they cannot otherwise be subdivided.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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