Update: First stage of Future Living Code Amendment adopted

Outcomes

The Minister for Planning has decided to divide the code amendment into two separate parts, adopting Part 1 on 26 April 2025.

• Part 1 – introduces new policies into the Planning and Design Code (including the new land use definition, new Co-located Housing Overlay, and amendments to the Established Neighbourhood Zone, overlays and general development policies)
• Part 2 – introduces where the Co-located Housing Overlay will apply to the Established Neighbourhood Zone, following the six participating councils’ consideration of the approved policy.

A number of changes have been made to the Code Amendment in response to feedback received during consultation, which are outlined in the engagement report.

Key changes include:

• require a scheme description for all co-located housing applications (not limited 6 or more dwellings/lots)
• clarify that all established dwellings on the site of a co-located housing development must be retained
• amend communal space policy to seek a minimum of 24 m2 of communal open space per dwelling for shared use by all occupants (increased from 16 m2 in the consultation draft), with 80% (instead of 80 m2) of the total communal open space provided in a single consolidated area for access by all dwellings, with a minimum dimension of 5 m (increased from 2 m)
• increase car parking to 2 off-street car parking spaces for co-located housing with 3 or more bedrooms, and update policy to require all car parking for co-located housing to be located in a shared car parking area/arrangement
• add to policy in the Co-located Housing Overlay to clarify the features of safe and convenient pedestrian access from the street, and guidance on internal fencing design to maintain passive surveillance of common areas.

Next steps

The Minister for Planning has written to the six participating councils, seeking confirmation of their support to apply the new Co-located Housing Overlay to the Established Neighbourhood Zone of their local government area.

These councils will be able to review the policy framework and upon their consideration, the new planning rules will come into effect in their specific area in the second stage of adopting the code amendment.

It is expected that the second stage of approvals will be finalised in mid-2025 following feedback from the six affected councils.

At this point the code amendment will come into effect and development applications for co-located housing could be lodged and assessed.