Court rules NSW Government medium density housing code ‘valid’

The Land and Environment Court has dismissed Ryde Council’s claim that the State Government’s medium-density housing code is unlawful.

The medium-density housing code relates to townhouse and terrace living, such as Fairwater Linking in Blacktown.

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The Land and Environment Court has dismissed Ryde Council’s claim that the State Government’s medium-density housing code is unlawful.

Council had alleged the government failed to consider certain environmental issues it was legally required to undertake before implementing the code, which deals with terrace and townhouse-style accommodation.

In his judgment handed down today, Justice Brian Preston SC, chief judge of the court, dismissed council’s claim and ruled that the housing code was valid.

Ryde Mayor Jerome Laxale said while it was a “disappointing outcome”, the council “respects the court’s decision”.

Ryde Mayor Jerome Laxale.

“However, our community does not respect the NSW Government’s continued targeting of Ryde with overdevelopment,” he said.

“Coupled with the priority precinct program, the council still maintains that the medium-density housing code will have dire consequences for our entire community.

“First, it was priority precincts, cramming 15000 dwellings into Macquarie Park, and now the code will lead to planning chaos in our quietest streets.

“If implemented, the code will completely change the character of our city as it will mean the number of sites capable of being developed for medium-density housing would have increased substantially.”

He said the code could also result in an additional 60,000 residents in Ryde — five times higher than the targets set by the Greater Sydney Commission.

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Under the code, homeowners with a certain size block and in an area zoned for multiple housing choices can turn their houses into terraces, duplexes, manor houses or double-storey properties without consulting their neighbours or the council.

Cr Laxale said he would now lobby new Planning Minister Rob Stokes, who has taken over from Lane Cove MP Anthony Roberts, for council to be “permanently exempt” from the medium-density housing code.

The council will continue to undertake its review of the Ryde Local Environment Plan, which is due to be completed by July 2020.

Mr Stokes says he will push for more terrace and townhouses in Sydney.

“Am I opposed to medium density? Absolutely not. It just needs to be done consultatively in the right areas, well designed, and without surprise,” he told reporters last week.