FINAL MEDIUM DENSITY DESIGN CODE RELEASED

On behalf of our members, UDIA WA has worked extensively with the State Government throughout the design, testing and drafting of the Medium Density Code to drive the need for the policy response to be appropriate for both infill and greenfield contexts.

The draft code was launched by the Premier at UDIA WA’s industry luncheon in November 2020 and since then, we have provided detailed feedback along the journey to ensure the provisions within the policy do not adversely impact housing affordability.

In forming our submissions, UDIA WA established a bespoke working group to undertake a detailed review of the draft Code and supporting guidelines.  This group was instrumental in unpacking the detail and potential consequences of the draft to ensure that our formal response was well informed.

We welcome the finalisation of the Code and support the delivery of high quality medium density development as a crucial component of delivering housing choice throughout Western Australia.

Upon initial review of the final Code, the outcomes in relation to key concerns raised are:

TRANSITIONAL PROVISIONS

• The transitional provisions mean that all lots covered by approved R Code variations now will continue to largely fall under the previous provisions until 1 September 2025. This covers all instruments (structure plans, LDPs, Local planning policies).
• Current policy settings will continue to apply until 1 September 2023. Residential builders and local governments will advise landowners on the relevant code that will apply when designing and assessing house plans.
• In response to UDIA WA advocacy, a further two-year transition period will apply until the end of August 2025 for purchasers of house and land packages in new estates.

GARAGE FRONT SETBACKS

• The R30 garage front setback provision remains as drafted at 5 metres by default and 4.5 metres if there is no footpath at the front, with R40 at 3 metres.
• The Code removes front loaded, double garage housing on 10.5m product from the deemed to comply pathway which is currently a popular, affordable entry housing product in the market. 

SOLAR ACCESS – ORIENTATION OF MAJOR OPENINGS

• Deemed to comply provisions have not been expanded to include major openings to primary living spaces from east to west through a northerly orientation.
• Design principle applies for single houses and grouped dwellings to achieve 2 hours solar access from east to west through a northerly orientation.
• Deemed-to-comply provisions for multiple dwellings require a minimum of 70 per cent of dwellings have a primary living space that achieves at least 2 hours of direct sunlight between 9am and 3pm on 21 June.

LOCAL DEVELOPMENT PLANS

• LDPs will continue to be an essential tool to facilitate innovation for precinct development.
• Modification of the R-Codes through a LDP without WAPC approval apply to:
   
  • 1.4 Water management and conservation – all clauses
  • 2.1 Size and layout of dwellings – C2.1.8
  • 2.4 Waste management – all clauses
  • 2.5 Utilities – all clauses
  • 3.3 Street setbacks – all clauses
  • 3.4 Lot boundary setbacks – All clauses
  • 3.5 Site works and retaining walls – all clauses
  • 3.6 Streetscape – C3.6.1, C3.6.2, C3.6.3, C3.6.4,
  • C3.6.6, C3.6.7, C3.6.8, C3.6.9
  • 3.7 Access – C3.7.1 and C3.7.2
  • 3.9 Solar access for adjoining sites – all clauses
  • 3.10 Visual privacy – all clauses
• Notwithstanding the above, the local government may, with the approval of the WAPC, modify any other deemed-to-comply provision of the R-Codes Volume 1.

As with any new public policy, it is crucial that the State Government do not ‘set & forget’ and maintain close dialogue with industry throughout the implementation journey which they have committed to do.

UDIA WA will continue to keep you informed in the lead up to the gazettal of the Code in six months time and welcome your feedback upon digesting the detail.