Australia: What (and where) to know about new recommended apartment sizes in NSW

Last Updated: 9 October 2015
Article by Maureen Peatman and Arie Van Der Ley

New state planning rules in NSW have freed up design options for multi residential units in NSW to help improve housing affordability and supply.

In the Sydney area 6 local councils (Waverley, The Hills, Botany Bay, Rockdale, Campbelltown and Strathfield) retained and preferred their own particular rules about the minimum size of apartments in multi residential developments. As a result it wasn't unusual to find apartment buildings located over the road from each other (but in different Local Council zones) having to comply with different design parameters.

From 19 June 2015 all local government councils were required to apply the new planning rules to development applications. And these guidelines set a new recommended size for internal areas of units. For example, if you wanted to build a unit block in the Botany Bay area then, under Council's rules, its preferred minimum size of a studio was 60 m2. Today, under the new planning regime, the recommended size for a studio in Botany Bay area is 35m2 – that's a reduction in the minimum size by 42%.

To help developers and designers with development approval process the State government prepared an Apartment Design Guide (ADG) that outlines the requirements for new unit developments.

For DA's lodged after 19 June 2015 the recommended internal size of residential units in NSW are:

Studio
(m2)
1 bedroom
(m2)
2 bedroom (m2) 3 bedroom (m2) 4 bedroom (m2)
35 50 70 90 102

We compared the recommended size requirements in the new guide against the size limits in 6 Councils which have retained local apartment size controls to find out which of these would feel the greatest impact from these changes.

Developments in Botany Bay will see the greatest impact with the limit for apartment sizes, on average, reduced by more than one third.

The biggest changes in recommended apartment size limits are for development in The Hills where less than 30 units are proposed (1 and 3-bedroom units reduced by 33%, 2-bedroom units reduced by 36%)and in Botany Bay Council (for example, studio apartments reduced by 42% to 35m2).

The only increase in minimum size among these councils is for development of some 4 bedroom apartments in The Hills Council and in Waverley Council. Under the new rules the internal area of these apartments now needs to be bigger by 7m2 and 2m2 respectively.

TABLE

OLD = Old Rule (minimum size m2)

NEW = Change in minimum size allowable from 19/6/15

  STUDIO 1 BED 2 BED 3 BED 4 BED
  OLD NEW OLD NEW OLD NEW OLD NEW OLD NEW
Botany Bay 60 -42% 75 -33% 100 -30% 130 -31% 160 -36%
Rockdale 38.5 -9% 50 0% 80 -13% 124 -27% 124 -18%
Campbelltown 40 -13% 60 -17% 90 -22% 125 -28% 125 -18%
Waverley 35 0% 50 0% 80 -13% 100 -10% 100 2%
Strathfield NA NA 70 -29% 85 -18% 100 -10% 110 -7%
The Hills (< 30 units) NA NA 75 -33% 110 -36% 135 -33% 135 -24%
The Hills (> 30 units) NA NA 50 0% 70 0 95 -5% 95 7%
RFDC 38.5 -9% 50 0% 80 -13% 124 -27% 124 -18%

ADG REPLACES RFDC

Previously the Residential Flat Design Code, now repealed, applied its own set of recommended sizes outlined in the table above. The ADG has still reduced significantly those sizes creating greater disparity between the State guidelines and Local Council controls.

DEVELOPERS ALREADY TAKING ADVANTAGE OF CHANGES

The new controls apply to development applications lodged after 19 June 2015 and Developers are already utilising the less restrictive recommended apartment sizes.

For example, several developments for residential flat buildings lodged with The Hills Shire Council contain apartment sizes that prior to the commencement of the ADG would have been in breach of the council's controls and the RFDC. These include Wakefield Ashurst Developments' 224 unit proposal at 5 Withers Road, Kellyville; and the proposed 21 unit residential flat building at 11B Boundary Road, Carlingford. Council must not refuse an application because of internal area size where the internal area is larger than that recommended in new guidelines.

Clearly the new guidelines provide additional certainty for developers in relation to apartment sizes that would not have existed under the old codes or in council areas that maintained their own apartment size control.

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.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Maureen Peatman
Arie Van Der Ley
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Mondaq Advice Centre (MACs)
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.