ADRIAN BARDEN
Our next speaker is Wayne Gersbach, he joined the Housing Industry
Association as a NSW Assistant Director of Planning and Environment
in January 2000. In that role Wayne assumed primary responsibility
for the development of policy on a range of planning and environmental
issues and has played an important role in representing the industry
on issues of land supply and Council consistency in planning controls.
Wayne also oversaw the construction of Sydneys first Green
Smart Village at Homeworld in Kellyville. Wayne has recently been
appointed to the position of Executive Director Planning & Environment
with HIA where he assumes responsibility for assisting with the
Association's lobbying efforts to bring about change in planning
policy at the national level. Prior to joining HIA Wayne worked
extensively as a town planner at a local Government level primarily
as Development Manager of Blacktown City Council. Wayne has considerable
experience as a Statutory Planner and in the development of planning
policy. Wayne holds a Bachelor of Arts in Geography, a Graduate
Diploma in Urban & Regional Planning and a Graduate Certificate
in Environmental Management. Please welcome Wayne as he presents
to us on this topic.
APPLAUSE
WAYNE GERSBACH
Thank you Adrian and good afternoon all. I hope its been
a good day. My topic, I think its on your papers as the Model
DCP, but I thought I would introduce the Model DCP by initially
talking about Better Living Environments. Better Living Environments
is HIA's blueprint for planning reform. Its essentially become
the working menu I suppose for each of our States, for each of the
regions across Australia. Better Living Environments if you want
to go and find some more information following today's talk can
be located or at least its major recommendations are located on
www.buildingonline.com which is the HIA's website or www.greensmart.com.au
which is another subset of the HIA website so just to follow up
if you need to find some further information.
What is Better Living Environments as I said its a blueprint
for planning reform. Why focus on planning reform? I havent
sorry I wasnt around for this mornings lectures, but I understand
that there was certainly a fairly large planning focus on some of
those deliveries.
Essentially its arisen out of what our members want however and
they're expressing a fair degree of frustration with the rigidity
and complexity of some of our development systems that we work with,
increased uncertainty, you never know what the outcome is going
to be its always a bit of a gamble, higher costs associated with
getting your developments through Councils, and comply with various
State agency policies etc and I suppose also perhaps more worrying
is the dissatisfaction with the actual outcomes, the build urban
environments both from a community point of view and from an industry
point of view. We do see projects; we see land subdivisions; we
see housing developments that we think and that we know could have
been done a wee bit better.
The purpose of BLE by the way, sorry the methodology of Better
Living Environments which is this document, it actually takes you
through a couple of case studies, from a regional context so it
has a look at what's happening in WA or Tasmania or in Victoria,
picks out some good examples and essentially asks the questions
well if it can happen there in a fairly unique environment why can't
that environment be harmonised across Australian boundaries and
across Council boundaries.
Its objectives to deliver more responsive and cost effective planning
systems, to lift the profile of the problems so that we can actually
do something about it, so it doesn't hide from identifying issues
where we have failed in the past provided that they can provide
the building blocks for doing it better next time around, and it
does so by identifying best practice. As I said by going to the
States and saying how does it operate there, what are the good components
of a system in say Tasmania or Queensland and how can we bring them
across to other States. It poses the simple notion that for the
benefit of the community generally all stake holders have a responsibility
to manage planning that will deliver predictable, affordable and
flexible solutions that enhance the quality of our residential and
working environments. A fairly simplistic objective but I'm pretty
sure that we all here would agree with that.
It uses 3 levers to deliver these. It focusses on predictability,
affordability, and flexibility.
Predictability, we've heard this before, I'm sure that you'll walk
out of this room and the next project you'll deal with will be dealt
with slightly differently in the next Council that you have to go
to, consistency within and across States is certainly a big item
on Better Living Environments agenda.
Reduced complexity and subjectivity, comprehensive regional local
area plans, clear distinction between building and planning matters
we hard the previous speaking talking about the advent of the Building
Code of Australia in relation to energy, its quite fitting actually
that that speech was given on the day that our industry submissions
closed on the new provisions on the Building Code of Australia dealing
with energy.
Essentially there what we're saying is that if it is a building
matter, the Building Code of Australia is the appropriate place
for it to be controlled and of course once it is introduced into
the BCA it should be a mandatory provision across all local Government
areas so that local Councils can't actually up the ante on some
of the provisions. The Building Code of Australia of course is about
finding cost effective controls which eliminate worst practice in
the industry, the market certainly looks after it and looks after
well, best practice.
Predictability, key recommendations the BCA to be given legislative
pre-eminence. In Tasmania that is a fact. It is written in the legislation
that Councils and State governments can't come in and override the
provisions of the BCA. Development of model planning legislation
based on best practice from different States, standard zones definitions,
certainly a large component of the work of the Development Assessment
Forum otherwise known as DAF some of you may be aware of its work
but it is looking essentially at harmonising some of those planning
systems across Australia. Unfortunately its a little bit slow
but there are a couple of DAF projects under way at the present
which should speed up some of the reforms its talking about.
Affordability, again a huge problem in Sydney. Its becoming a bigger
problem in other markets as well. Some of the measures or some of
the issues that Better Living Environment explores transparency
of fees and charges including infrastructure charges, cost of government
regulation, competition into development assessment process ie the
advent of private certification, update of e-commerce by local government,
role of government in land development and supply and incentives
for affordable housing projects as opposed to taxes on the industry
for providing housing. These issues are dealt with in a variety
of manners across the States.
Some of the key recommendations. Infrastructure external to new
residential developments funded out of the communities taxation
base, certainly a hot topic in Sydney at the moment, I don't know
whether the Minister mentioned this morning but certainly in looking
at the new release areas of Sydney the government is contemplating
the imposition of a transport levy on new housing, up to its been
said round about $30,000 contribution per lot. Greater transparency
and accountability for the levying of fees and charges on new development,
there seems to be a lot of I suppose inconsistency across Council
in the way they have applied their fees since the Part 4 reforms
here under the EP&A Act. Promote the operation of private certification
across the full range of development so thats exploring the
possibilities for a planning certification in various aspects, it
doesn't necessarily mean planners coming along or outside planners
coming along and making decisions for Council it does mean however
planners being able to assist Councils as that development process
from go to whoa throughout that process and planning and environmental
reform to be covered by Affordability Impact Statements. The industry
has certainly argued very hard over the last 18 months or so against
the imposition of affordability levels on new housing with some
success, they have been deferred but whether we can win that battle
in the long run remains to be seen.
Flexibility, inflexible regulatory conditions, housing choice and
innovation they're the issues that we tackle. One of the key recommendations
the adopters of performance based planning systems to focus on outcomes
rather than meeting fixed rules or regulations. Again a process
very similar to that adopted by the BCA where deemed to satisfy
provisions are listed that immediately tick off your compliance
with some of the performance statements within that document.
The recommendations set the challenge for Federal, State and local
Government, planning professionals and the housing industry by planning
professionals I should really expand that to say all professionals
working in the property industry to deliver more cost effective
and responsive planning systems. I think importantly there we're
saying that the housing industry is prepared to work with professionals
and levels of government to achieve these outcomes.
The successful implementation of BLE or BLE as we call
it in-house, increased certainty for business and the community
about how developments will be assessed, fewer delays, greater housing
choice, more affordable housing, economic growth, livable and sustainable
communities.
Pretty hard to see this one but its actually just a page from the
Better Living Environment's document as I said the blue highlight
there is the case studies so the pages are littered with various
case studies from around the States. This one talks about the Tasmanian
legislation where the BCA has pre-eminence. It talks about the introduction
of the Integrated Planning Act in Queensland where 5,000 pages of
policy were able to be reduced to 500 pages probably got some way
to go I think on that one. It talks about regional planning and
has a case study there the SEQ 2021 where some good regional planning
has been able to take some of the more difficult issues to deal
with at a local level to a regional level in order that they can
be addressed including regional growth management and population
management and it talks about well some of the diagrams there are
some examples of the master planning which is done in NSW or States
which I'm sure youd be familiar with.
The model DCP project the topic of my talk, what is it. Its
essentially again arisen from concerns raised by our members about
inconsistency across Councils. Its very difficult for a Housing
Industry Association as I imagine it would be for the Surveyors
Institute to actually go from Council to Council to try to get changed
brought about in house to their particular controls so we decided
to take the rather ambitious step of actually producing our own
DCP that we could then take to the Councils on a regional basis
and say hey look something has already been done for you can you
give this consideration and how does it match up to your existing
controls.
Those controls have arisen through a variety of concerns and we
all share those concerns. There is certainly an increase in dwelling
size over recent years and I dont have the statistics here
but its a fact, dwellings are getting bigger, even though
our household occupancy rates are actually getting smaller. So its
obviously reflective of our living standards, we tend to like bigger
homes, or at least can afford to pay for bigger homes.
Despite that the lot sizes are getting smaller and I suppose more
worrying for the Councils is that despite the trend for smaller
lots there is still the trend in demand for bigger homes. The streetscape
of new subdivisions, I'm sure youve all walked around new
estates and said we can do this better it doesn't really
ring for me its a place perhaps where I've worked in, it may
not be a place that you actually particularly desire to live in
and thats a bit of a worry I think you should be producing
urban outcomes that you yourself would be prepared to live in.
Garage dominance and facade treatments, a big problem with new
housing today and something that the industry has to address, its
coming up and emerging in all the Council DCPs. Privacy and
overshadowing effects, not surprising I suppose given the increase
in dwelling size trend on the smaller lots and of course sustainability
is increasingly being introduced into Council DCPs and State
Government policies.
Its not about complying development by the way. Complying
development is that development which is generally regarded as routine
development for which you can get a combined development consent
and construction certificate so in other words its a one step
process, at least here in NSW it is, there's not a lot of development
that actually qualifies as complying development however a recent
survey in western Sydney found that around about 10% of development
was classified as complying but only about 1.5-2% of that was actually
for detached housing, so there is not a great deal of housing out
there, even though housing is probably the most routine or detached
housing at least, the most routine form of development in some of
our new estate areas.
But we're not pushing complying development under the model DCP
we're saying that Councils retain the consent authority, we would
like to work with those Councils to sort of smooth out some of the
controls and generate consistency across the borders. Its
about industry working with the local government as consent authority.
The model DCP approach, what are we going to do? Initially we've
looked at existing council controls and best practices administration
so we've had a look at what happens in Resco in WA and their livable
environments or livable neighbourhoods policies, we've had a look
at Amcord, we've revisited some of the Council policies and we've
sat down with a couple of Councils at this stage who actually go
through their controls and we're lucky enough in a way that Wyong
DCP 100 and Baulkham Hills DCP 200 were actually being reviewed
at the time we commenced this project. DCP 100 in Wyong is about
to go on public exhibition DCP 200 in Baulkham Hills is in the final
sort of stages of preparation before it gets re-exhibited.
So we've looked and basically tabulated the existing Council controls
and that certainly shows the discrepancy across Councils in their
administration. Surprisingly even things like driveway gradients
etc even though there is an Australian standard for driveway gradients,
many Councils actually have a different code requirement for that.
We discussed the benefits of standardised controls, it has a lot
to do with the project home industry although the DCP is not necessarily
about project homes but one of the ways that the project home industry
operates of course is that it can engender economies of scale by
producing things en masse and that goes with design of homes etc
but it all goes to the affordability of the product. Whilst there
may be some project home designs out there we all dont like,
ultimately its a matter of individual choice and ultimately
they do provide perhaps in Sydneys case the only affordable
housing choice that there is today.
We suggest controls, we list objectives and the means of addressing
those objectives, including commentary on good subdivision practices,
we will prepare a green paper for circulation and comment to the
Council so we're actually taking on to a degree the role of government
in preparing these draft guidelines we will be circulating those
to Councils probably in about two weeks time we'll have a document
ready to circulate. We will seek their comment and their input and
obviously at the end of that process we will be workshopping with
Councils and industry to go through those controls.
Feedback from sign off. Obviously we need that. I said before it
doesn't only address project homes but its about all housing
and about all locations. It has a metro fringe, I suppose, an opportunity
to be delivered in those outer Sydney Council areas basically straight
away but it is also very relevant in other Council areas where new
housing is relatively common.
What it will address. It certainly focuses on these 3 things, livable
accommodation, so from the point of view of the occupant we want
to make sure that new homes are comfortable. Integation of housing
into the public domain so from a community perspective, we want
to make sure that our new estates look and function well and relationship
of new housing with adjoining properties and obviously solar access
and privacy is some of the key provisions that will determine that
outcome.
Its contents include subdivision principles, we've done this on
purpose, we want to make sure that good subdivision practice is
highlighted, we want to make sure that it actually becomes part
of the DCP we're not writing a subdivision code so to speak, but
we do talk about the elements of good subdivision practice and its
layout essentially you are delivering the building blocks for these
homes to be placed on.
The industry would also argue that over recent times it has been
perhaps an unfair focus on the look of homes as opposed to the context
in which those homes are placed and their meaning in terms of a
suburban or an urban context so we're very keen to get that up front
part of the process sorted out.
It does look at housing design controls. This used to be small
and not so small lots but they're becoming smaller and smaller lots
unfortunately. The focus of the DCP would be initially on lots of
greater than 400 square metres, but there will be an integrated
housing component for lots of less than 400 square metres. We're
actually hoping there to piggyback Baulkham Hills new integrated
housing DCP which again shows that we are prepared to work with
Council. We think that they've come up with a pretty good model
as I say I'm waiting on that to be exhibited so I'm hoping that
it comes out the way that it was discussed around the table when
we met with them.
It will include standard conditions. Hooray, there are many Councils
out there that have different interpretations and different wording
to conditions and we think it would be a pretty common sense approach
to actually have some standard wording for those conditions and
it will make reference to Greensmart guidelines on your table I
don't know whether they've got around to all the tables but there
is a Greensmart flyer, its the environment initiative of the Housing
Industry Association and it takes up from the voluntary industry
perspective about how the industry can respond to this increasing
environmental demand. The Greensmart guidelines thats the
flyer again you can go to www.greensmart.com.au if they didnt
get around to all the tables here and the guidelines we have prepared
in the industry include waste management, a guide for residential
building, insulation management, energy management and stormwater
management so these will actually form part of the initial DCP circulated
for Council comment and we're looking for ideas of how we can incorporate
those provisions into the written document.
I'll quickly go through subdivision principles. I know that Evan
Jones spoke to you this morning from Planning NSW and Evan is quite
an avid believer in getting the subdivision right in the overall
development process and he comes with good experience from WA where
they're liveable neighbourhoods program has been delivered with
outstanding success. Some of the principles and again the previous
speaker spoke on some of these elements, lot housing and open space
mix, not just about doing 3 bedroom 4 bedroom large homes, it is
about providing housing choice that leads to the markets needs,
high density close to services and parks, there is no need to put
your small lots at the back end of the subdivision on the lot you
can't configure a shape for a standard detached housing, the small
lots really should have the best sites in a new subdivision close
to the services and close to parks also there should be many parks
scattered throughout rather than the large football field a car
drive away from the streets.
The street system that responds to the site obviously topographically
in terms of solar access etc and in terms of what are the key issues
or key features of that particular area that you are subdividing
a layout that allows energy conservation and water quality measures
to be included up front in the consideration of the lots that are
provided. A layout that encourages walking and inter connection
between the services, between bus stops and houses etc and public
surveillance of public space so in other words your houses arent
too far away from the street, there is no reason why they particularly
have to be, they also overlook public gardens and open space connections
and drainage reserves etc.
Those principles will feature up front in the DCP not as a mandatory
provision but as a listing of what we're looking for in new subdivisions.
Housing design principles, no more garage dominance. We have written
out garage dominance in a DCP that we're proposing to put to Councils
and even though it actually emerges as an issue in Councils, there
is not always a control to actually prohibit it so we're saying
we can do that we'll have houses at 4.5 metres, and garages at 5.5
metres plus another string of objectives which go to the actual
design of the house itself and the front facade, which unfortunately,
despite what the last speaker had to say, is still the norm of the
way we do put houses on lots.
Corner lot designs, we will prescribe that houses located on corner
lots need to have specific design inclusions to make sure they fit
that corner lot. Australian standard driveways, really shouldn't
be such a huge issue but it will be a huge issue if we can get that
across Councils in western Sydney or wherever else the DCP may apply.
Site coverage, we dont go to floor space ratio or site coverage
percentage requirements, we include provisions which go to usable
open space and the prinicipal private open space area, which require
solar access which generally is attached to the dwelling house and
solar access provisions which to a large way determine the layout
and the coverage that a dwelling may take on the site.
Equinox measures we propose to do away with the June 21 measure
for solar access its not a particular time of year where we all
get to go outside and enjoy the solar access in our backyards, we
propose a 22 September measure which gives an average and as I say
relates to the time of year that you are more likely to use your
backyard space and we propose a four star energy rating triple AAA
rated tapware and 4 star hot water systems. A little bit dependent
on what comes out of the BCA as I said the closing date for submissions
on the BCA is today but we're prepared to stick our neck out on
a trial basis to get this up front ahead of the BCA provisions coming
into play so triple AAA rated tapware, 4 star hot water systems
etc and of course there are rebates available through Cedar for
the provision of such hot water systems. So it makes economic sense
to do so.
Stakeholder advantages to Councils simplify controls, best practice,
resources saved. In speaking with Baulkham Hills who are very welcome
in their comment that their Director of Planning said there that
and his comment was we want to take the aggro out of building
houses and that just makes perfect sense to us there shouldn't
be aggro in building houses we all live in them, we all expect people
next door to live in them, we need to create a set of rules where
that degree of expectation and that degree of certainty is embedded
in those rules.
An advantage to house builders the consistencies, the transparency
of process, the interpretation of codes, how many times do builders
go along to their clients to say I need to do this because the Council
tells me that I must do, of course the client is pretty upset about
that. So these rules will be known up front for all players to administer,
but of course the most important thing for house builders is a saving
in cost.
Home owners: better understanding and cost advantages sorry I think
I was confusing home owners with house builders before but the advantages
are pretty similar there.
Neighbours: a better appreciation of the rights of neighbours,
what can happen next door, certainty of process and a greater acceptance
in terms of the designs. There is also some advantages for State
government and State agencies, they actually get the opportunity
to work with the industry to introduce new provisions to a model
DCP rather than introducing guidelines that sometimes Councils may
take up or may adopt in a variety of ways.
So model DCP outcomes, a single clear set of criteria for quality
affordable and acceptable detached housing across the metropolitan
development program Greenfield Council areas and further afield
for those Councils that are interested in it. And I've got an audience
in front of me so it would be remiss of me not to advise you that
there is another conference coming up called Future Cities Backyards
and Balconies at which these issues about managing our urban growth
will be discussed in fine detail, its on 29 August in Sydney details
again can be found at our website, www.buildingonline.com or www.greensmart.com.au.
Thats it thank you guys.
APPLAUSE
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