Changes to mitigate extension of complying developments

Council has extended the exhibition period for its proposed changes to minimum lot sizes to 17 June.

The amendments to the Kiama Local Environment Plan (LEP) are a response to the NSW Government introducing changes to planning policies, the Low Rise Medium Density Housing Code, last year. The Code expands the range of housing that can be considered as complying development to the ‘Missing Middle’.

Complying developments do not require consent from Council and do not have to consider Development Control Plans or other planning policies that the Council may have in place to guide the standards for development. Complying developments also do not require any notifications to adjoining property owners.

To counter concerns about loss of character in regional areas, regional councils were given a temporary deferral until 1 July to place protections in their LEPs.

“Kiama Council had some serious concerns about these proposed new planning laws and responded by proposing the inclusion of some minimum lot size requirements for dual occupancies and medium density developments in the R2 and R3 zones,” says Linda Davis, Director of Environmental Services.

“These changes to our LEP will mean that dual occupancies and terrace housing can only occur in the R2 Low Density zone if the property is at least 600m2.

“In the R3 Medium Density zone a minimum of 200m2 would be required for each dwelling associated with a dual occupancy, manor house or terrace development.”

These amendments form the basis of the Planning Proposal to change the LEP that is on exhibition, along with analysis to understand the implications of the new minimum lot size standards on potential residential housing supply.

Details: The Planning Proposal is on Council’s website:


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