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DV369 – Living Infrastructure in Residential Zones Finalised        

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After significant advocacy work by the MBA, the government has finalised DV369 incorporating transitional arrangements and amendments to make it more workable.

This week, the Minister for Planning and Land Management made the following amendments to DV369:

Single Dwelling Housing Development Code

  • Amend the proposed provisions to state that they do not apply to blocks approved under an estate development plan after 1 January 2020 and renumber the provisions accordingly;
  • Amend R39 to reflect changes made to private open space for blocks less than 360m2 through Technical Amendment TA2020-11; • Adjust the definition of deep soil zone to include the word ‘adequate’ before ‘dimension’, to be consistent with the definition in the Multi-Unit Housing Development Code;
  • Amend criteria where relevant to refer to ‘all of the following’ to clarify that a proposal needs to demonstrate compliance with all the requirements in the relevant criteria.

Multi Unit Housing Development Code

  • Amend the proposed provisions to state that they do not apply to blocks approved under an estate development plan after 1 January 2020 and renumber the provisions accordingly;
  • Remove reference to “Not less than 20% of the total site area is planting area” in Rule R39D of the Multi Unit Housing Development Code, as this requirement is dealt with in Rule R39B;
  • Amend criteria where relevant to refer to ‘all of the following’ to clarify that a proposal needs to demonstrate compliance with all the requirements in the relevant criteria.

Unfortunately these amendments improve a poorly drafted Variation which only attempted to solve half of the policy objective. The overall impact of V369 and other upcoming regulation will add more red tape and costs attempting to protect trees, will limit develop within the existing urban footprint, and make it more costly to deliver housing in Canberra.

The MBA will continue to work with the Government to make these proposals as workable as possible.

Further information about V369 is available here.