Medium-density housing code remixed

Property industry groups have backed the state government’s raft of planning reforms, including the medium-density code policy, which was reworked after receiving mixed reviews.

Planning Minister John Carey today announced the State Planning Policy 7.3 would take effect from March 1, to coincide with other planning reforms previously flagged by the government.

The policy would revise the medium-density code by adding planning controls for land coded R50 and above, including retention of trees on site, requirements to plant new trees and deep soil areas, minimum living and garden sizes, consistent setbacks, and removal of occupancy restrictions.

Previously, the state government included land coded R40 and below in its revised medium-density code but deferred the gazettal last year after mixed responses from the industry.

The government today also announced the removal of minimum lot size requirement of 350 square metres for ancillary dwellings, or granny flats.

Under the change, compliant granny flats on residential lots of any size will no longer require approval.

Housing Industry Association WA executive director Michael McGowan said the changes represented a win for housing affordability and dwelling options across Western Australia while reducing red tape for industry.

“The revised planning exemptions provide for common sense outcomes and will better accommodate dwellings of all sizes in response to the current housing shortage,” he said.

“A revision to the scope of the Medium Density Code will avoid ‘doubling up’ on the detailed work underway for greenfield housing and new land estates, with the predominant infill housing type in our suburbs remaining within the amended Code as originally intended.”

Urban Development Institute of Australia WA chief executive Tanya Steinbeck said excluding single homes in areas coded R40 and below would ensure some of the most popular products on the market would be maintained to benefit buyers.

“A single home on a 10.5-metre frontage with a double garage is an extremely popular product across a range of areas,” she said.

“This product would have been regulated out if the amendment to the draft codes hadn’t been made.

“We are pleased that the state government and the minister have heeded our calls and removed R40 and R30 homes from the new code.

“Over the years, we have seen some poor outcomes, particularly in relation to duplex, triplex and quadplex housing sites, that have not always provided quality living options or added to the local streetscape.

“The Medium Density Code, when it was first mooted years ago, was squarely aimed at improving the outcomes in these types of infill locations and it is good to see that focus will return in the new version of the code.”

Property Council of Australia WA Division interim executive director Emily Young said the revisions would ensure new homebuyers were able to build while improving the quality of design across the state.

“These pragmatic changes will see more slabs laid quicker and embed changes needed to support housing diversity – creating more housing options for Western Australians,” she said.

“The Medium Density Code will complement new rules allowing the construction of granny flats without local government approval in creating more homes in WA.”

Australian Institute of Architects WA president Sandy Anghie said the new code could be the answer to NIMBYism in suburbs.

“Much of the discussion to date on the new code has been about improving the quality of design. And that’s important. But it’s only half the story,” she said.

“The other side of the conversation, and something not widely understood, is the diversity of housing – and choice - the new code enables.  

“Items like incentivised retention of mature trees; optimising indoor living spaces through solar orientation; connection to garden; improving sustainability; and consideration of local context and ‘neighbourliness’ will all lead to better design quality.”

Association of Consulting Architects WA vice-president Kate Fitzgerald said there were many homes already designed and ready to go under the new code.

“Without the code, these projects would not have been able to proceed, meaning homes can't be delivered in a market where we desperately need more homes and greater diversity,” she said.

“The new code doesn't propose a change in the construction methodology of developments, but it does set out a clear pathway to enable designers, builders and residents to increase the supply of more diverse, well-designed medium-density houses, which will result in a return to neighbourhoods and homes that are more liveable, cost less to run and provide an improved quality of life.”

History

In August, the reforms were shelved for the state government to rework the policy so it only applies to R50 and R60 coded development instead of applying to single and group dwellings in areas coded R-30 and above, and for multiple dwellings coded R-30 to R-60.

The changes were due to take effect from September 1 2023 before the halt.

Mr Carey said the recently announced policy and system reforms would streamline the planning processes, to accelerate the delivery of housing throughout WA.

“The latest planning reform initiatives taking effect on March 1 2024 create a planning system that is easier to navigate and understand and helping to deliver greater housing choice,” he said.

“I did not take the decision to defer the Medium Density Code lightly and as housing minister I must do everything I can to boost housing in WA.

“We have engaged with and listened to industry and understand that retaining many of the existing R Code provisions for single dwellings in most residential developments will reduce further pressure on the housing construction sector.

“These practical policy changes also keep the cost of affordable housing down.”

Planning Institute of Australia WA president Amanda Sheers said PIA members were disappointed and frustrated with the deferral of the medium-density codes in August.

“Our survey results indicated strong support for the standard of housing and design improvements that would result from the implementation of the codes,” she said.

“During the subsequent review of the codes, PIA, along with allied Institutes, advocated strongly for the retention of benefits of increased tree cover, sustainability, diversity and housing choice, meeting with minister and the consultants undertaking the review on numerous occasions.”

Other changes to start on March 1 include the consolidation of development assessment panels, the start of the Significant Development Pathway, and launch of an online system to lodge and track applications.