Project Status: Closed
The housing code and low rise housing diversity code apply in Rosebery estate from 1 January 2023, however they do not override the requirements of covenants.
The housing code and low rise housing diversity code may be used for complying development in the Rosebery estate area from 1 January 2023.
Covenants on the title of properties in the area may prevent certain development being approved under a complying development certificate. We recommend you undertake a title search before undertaking works.
If a covenant does apply to your site, review the covenants and complying development fact sheet (PDF 77KB).
A development application assessed under Sydney Local Environmental Plan 2012 is not subject to covenants. For advice on preparing a development application please make an appointment to speak with a duty planner.
Consultation and temporary exemption
From 25 May to 19 June 2020, we asked for your feedback on the NSW Government’s low rise housing diversity code and our response to it.
During consultation, people raised concerns about 2-storey development being approved through the existing housing code and the potential for more under the new low rise housing diversity code through the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
A question also arose about private covenants on the title of properties in Rosebery that appear to prohibit 2-storey development.
In response to these concerns the City of Sydney sought a permanent exemption of the housing code and low rise housing diversity code in the Rosebery estate area. The Department of Planning and Environment provided a temporary suspension, which meant the 2 codes did not apply for new applications from 8 June 2021 to 31 December 2022.
The information below is for historical purposes only.