SEPP 65 Urban Design Review
All development applications submitted under SEPP 65 need to be reviewed by a panel, even if the application has been through pre-lodgement.
The State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development (SEPP 65) seeks to improve the design quality of residential apartments in NSW.
The SEPP 65 provides for the operation of the design review panel to help councils meet the objectives of the State Environmental Planning Policies (SEPPs). The SEPP 65 has been amended to update terminology throughout the SEPPs and align it with the updated Apartment Design Guide.
Parts 3 and 4 of the Apartment Design Guide are applied when a development application is submitted under the SEPP 65. They set out objectives, design criteria and design guidance for the siting, design and amenity of residential apartment development.
The Apartment Design Guide prevails over provisions in a Council's Development Control Plan.
Design review panels
Design review panels provide independent expert advice on applications and policy for apartment buildings, which SEPP 65 defines as buildings that comprise or include:
- three or more storeys - not including levels below ground level, provided for car parking or storage, or both, protruding less than 1.2 metres above ground level.
- four or more self-contained dwelling units - whether or not the building includes uses for other purposes rather than residential - but does not include a "Class 1a building" or a "Class 1b building" under the Building Code of Australia.
The panels are advisory only and do not have a decision making function. They will:
- seek to improve the design quality of residential apartment development in NSW
- carry out a review of proposals against the nine design principles within SEPP 65
- encourage applicants/proponent to submit concept proposals for early comment
- consider any advice provided by Council staff in respect to Lake Macquarie Local Environmental Plan 2014, Development Control Plan 1, associated Area Plans and Masterplans
- provide written recommendations addressing the nine design principles to Council and the applicant
- conduct site visits and examine how the proposed developments will relate to the streetscape and the neighbourhood
- advise whether the proposal is acceptable or requires redesign and to be resubmitted to the panel for further consideration
How Lake Macquarie Design Review Panel is formed
The Lake Macquarie Design Review Panel consists of five suitably qualified persons.
The skills base for the panel members comprises any of the following:
- urban design
- landscape architecture.
The panel is chaired by one of its members on a rotational basis.
Design review panel assessment process
When considering a submission from the proponent/applicant, Council staff provides the panel with a report on the proposal against the nine design principles and Council's planning controls.
The applicant/proponent is allowed 20 minutes to present the development to the panel. An electronic smart board is available to use during the presentation.
Additional time is allocated for discussion of the proposal between the panel and the applicant/proponent. A Council development planner will be present to clarify any issues raised by the panel and or the applicant/proponent.
The panel endeavours to undertake a site inspection before this meeting occurs.
Formulation of panel recommendations
The panel consults independently of the applicant/proponent to formulate recommendations against the nine design principles.
The panel's recommendations will include:
- issues discussed at the meeting
- additional issues identified during the panel's independent deliberations.
The written recommendations are provided within one week of the meeting.
Organising a meeting
To organise a meeting with Lake Macquarie Design Review Panel, contact the Panel Coordinator on 02 4921 0685 from 8.30am to 4.30pm, Monday to Friday.
Panel meetings will take place as required on the second Wednesday of each month. For concept and pre-lodgement proposals, Council recommends that you book well in advance, as there are limited agenda items listed per month.
Applicants should not contact the panel members directly at any time.
When preparing your application, you need to read and complete the following:
- Statement Outlining 9 Design Principles
- SEPP 65 Design Review Panel Pre-Lodgement Documentation Checklist
- SEPP 65 Design Review Panel Development Application Documentation Checklist
Documentation is to be submitted to Council a minimum of 21 days prior to the meeting.
If Council does not receive the documentation in the required timeframe, the meeting will be rescheduled.
You must pay the consultation fee to Council a minimum of 21 days prior to the meeting.
Please refer to the Fees and Charges for consultation fees. The subsequent consultation fee amount is valid for 12 months following the initial consultation meeting.
It is envisaged that the bulk of the design recommendations made by the panel will be identified at the initial consultation. The Design Review Panel advises whether the proposal will require redesign and be resubmitted to the panel.
Page last updated: 23 February 2018