Regulatory Challenges in Manor House Development: What You Need to Know

Do you consider this development as 'Manor-House' or 'Multi-Dwelling Housing' (Terraces) Under Part 3B?

If a development is proposed under Part 3B as a Manor House, would this layout (referenced in the diagram) be considered compliant? How would you classify it—Manor House or Multi-Dwelling Housing (Terraces)?

The proposal aligns with the SEPP definitions, but I’m curious about your perspective. Here’s a quick refresher on those definitions:

Manor House:

manor house?means a residential flat building containing 3 or 4 dwellings, where—

(a)??each dwelling is attached to another dwelling by a common wall or floor, and

(b)??at least 1 dwelling is partially or wholly located above another dwelling, and

(c)??the building contains no more than 2 storeys (excluding any basement).

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Multi-Dwelling Housing (Terraces):

multi dwelling housing (terraces)?means multi dwelling housing where all dwellings are attached and face, and are generally aligned along, 1 or more public roads.

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If some of the units are not facing or aligned along a public road, would this exclude them from being classified as Multi-Dwelling Housing (Terraces)? Assuming all other SEPP requirements are met, how would you interpret this scenario?

Providing that the development meets all other relevant requirements of the SEPP.

Below are some diagrams provided in Division 3 Development standards for manor houses, certain dual occupancies and attached development.

Clause 3B.31 mandates that the design must align with the CDC Design Guide. However, upon reviewing the Design Guide, this requirement may have not been explicitly clarified. Please refer to the screenshots below from the Low Rise Housing Diversity Design Guide for further context.

However, the guide does not provide a definitive answer on how to differentiate between the 2 types of developments. While it states that manor homes should not be classified as multi-dwelling housing, the criteria for making this distinction remain a bit unclear.

Additionally, the guide specifies that a Manor House should have a common entry and internal hallway, adding another layer of complexity to the distinction between Manor Houses and multi-dwelling housing.

The guide can sometimes be confusing with vague design criteria, such as Criterion 21, which requires dwellings to be oriented towards a street or rear garden. Meanwhile, Criterion 22 provides a clearer requirement, stating that a manor house must face a public road with front doors visible from the public domain. However, according to Clause 3B.31(2), if any design guide requirement conflicts with the SEPP requirements, the SEPP requirements (including its definitions) take precedence.

The diagrams and plans included in the Design Guide suggest that external, separate stairs to access upper units may be permitted, indicating that a shared common staircase is not necessarily required in every scenario. This adds further flexibility to the interpretation of the guidelines for accessing upper units.

It is also crucial to consider the requirements of the Design Verification Statement during the design stage. While some designers may argue that having at least one of the proposed units facing the public road meets this requirement, we believe this interpretation may not fully align with the objectives of the guide.

3B.31???Building design

(1)? The design of a dual occupancy or a manor house must be consistent with the relevant design criteria in the Low Rise Housing Diversity Design Guide.

(2)? However, the requirements of this Part prevail to the extent that the Guide is inconsistent with this Part.

Clause 3B.26A stipulates that a manor house must face a public road; therefore, this development cannot be classified as a manor house. As such, it may be more appropriate to pursue a Development Application (DA) with the council, subject to council approval (STCA), rather than proceeding under the CDC framework.

However, this interpretation is open to debate, as one could argue that a manor house as a whole 'development' is facing a public road, even if each individual dwelling within the manor house does not. This distinction could lead to varying interpretations regarding compliance with the requirements.

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3B.26A???Other standards for manor houses

A manor house must face a public road.

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Conclusion:

In conclusion, definitions alone—when considered in isolation from other legislative requirements and design guidelines—may not provide a complete understanding. A holistic approach is essential to determine whether a particular design proposal can be carried out under the CDC pathway.

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I’d love to hear your thoughts and experiences on this topic. Feel free to share your insights!

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Disclaimer:

This article is intended for informational purposes only and should not be interpreted in isolation. It does not apply to any specific site or situation. We strongly advise seeking independent planning, fire safety, or legal advice that is tailored to your unique circumstances. Please do not rely solely on the opinions or information presented in this article or any related comments.

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Regards

Firas Naji

21 October 2024?