PART ONE - Fishers Ghost

Within established neighbourhoods, and where the allotment is less than 450sqm,the provision of a secondary dwelling is not supported. The size of the site presentsan immediate constraint for the provision of a secondary dwelling on the sameallotment. An additional dwelling would potentially result in overdevelopment of thesite, overshadowing and overlooking of neighbouring properties, resulting in a lack ofprivacy.The suggested amendment by the Department, to allow secondary dwellings onallotments less than 450sqm under the provision of the complying code withinestablished suburbs is, for the reasons detailed above, not supported.RecommendationIt is recommended that the Department investigate the potential for secondarydwellings to be provided as complying development for allotments less than 450sqmonly within greenfield master planned precincts, and not within existing establishedsuburbs.Key issue (b): Need to allow secondary dwellings in rural residential areasProposed amendment by the DepartmentThe Department is proposing the development of secondary dwellings in ruralresidential areas.CommentsOne of the main objectives of the AHSEPP is to provide houses for people on lowincome that is in close proximity to employment and public transport. In principle, theprovision of a worker dwelling or a secondary dwelling within rural and environmentalliving zones is supported. However, the permissibility of secondary dwellings withinrural areas is a matter for local environmental plans. Where the Department decidesto allow this type of development within rural and environmental living zones acrossNSW, it is suggested that this matter to be reviewed through the StandardInstrument—Comprehensive Local Environmental Plan.RecommendationThe suggestion by the Department to allow a secondary dwelling within rural andenvironmental living zones is supported. However it is recommended that theamendment be considered as part of the preparation of Councils ComprehensiveLocal Environmental Plan, and not through the provisions of AHSEPP.Key issue (c): Limit the S94 development contributions and other levies that apply tosecondary dwellings.Proposed Amendment by the DepartmentThe Department propose to develop a standard section 94 contribution rate acrossthe State based on construction costs, as follows: