Compliance with state/territory Residential Tenancies Act
Planning Pathways
Residential tenancy legislation varies significantly amongst Australian states and territories. Additionally, legislation is subject to regular updates over time. At the outset of a project, the appointed project architect is to initiate a discussion with Housing Choices development or project manager to gain a shared understanding of current relevant legislation and any anticipated potential amendments to current legislation in the near term. Below is a link to current legislation across the selected states Housing Choices primarily operates in:
Housing Choices is a Registered Housing Agency (RHA), or Community Housing Provider (CHP), as alternatively defined in some states. As an RHA, Housing Choices has access to alternate planning pathways for development approval under some circumstances. A range of factors can influence which planning pathways are available for a particular project, including the project location, intended resident cohort, and funding stream. Given these variables, the project team is to seek clarification of the intended planning pathway/s for the project from the nominated Housing Choices development or project manager at the earliest stage of engagement. Below are details of some current planning pathways available to qualifying projects being delivered by RHAs. This is not an exhaustive list and is subject to change from time to time. South Australia: Under certain circumstances, developments in South Australia for Community Housing Providers, such as Housing Choices Australia, may be eligible for assessment under the Part 4 – General Development Policies – Housing Renewal of the Planning and Design Code, which, theoretically, permits slightly higher density development as part of its Deemed-to-Satisfy provisions, and shorter planning consent time frames. Designers should confirm whether this pathway should be pursued with the Housing Choices development or project manager before commencing design.
- Residential Tenancies Act 2010 (NSW), access link
- Residential Tenancies Act 1995 (SA), access link
- Residential Tenancies Act 1997 (Tas), access link
- Residential Tenancies Act 1997 (Vic), access link
- Residential Tenancies Act 1987 (WA), access link
Tasmania: Discuss with Housing Choices development manager.
Victoria: A community care accommodation planning pathway exists for SDA developments. A streamlined approval and permit pathway exists for projects delivered under of the state government’s Big Housing Build initiative, as detailed in clause 52.20 of the Victorian Planning Provisions (VPP). Additionally, affordable housing projects undertaken by, or on behalf of, the Director of Housing (Vic Gov) may be eligible to pursue the permitting process as described in clause 53.20 of the VPP. More recently, clause 53.23 has been introduced into the planning scheme as part of the State Government's Housing Statement (September 2023) and has provided another planning pathway for social and affordable housing. Western Australia: As at mid-2023, a forthcoming planning framework is to be launched in the state whereby CHPs can go to a Development Assessment Panel (DAP) only and bypass any local government assessment. Further details and proposed timing are to be confirmed.
15
Housing Choices Australia | Design Guidelines
Made with FlippingBook. PDF to flipbook with ease