Can Manor Homes Be Developed in Zone R4 Under CDC?

Hi,

The question of whether manor homes can be constructed in Zone R4 under the Complying Development Certificate (CDC) framework with the involvement of a private certifier is a complex one. While the State Environmental Planning Policy (SEPP) doesn’t explicitly state that manor homes are allowed in R4 High-Density Residential zones, there are compelling arguments to consider this possibility.

As you know, the SEPP governs the permissibility of various residential developments, and its guidelines for manor homes do not clearly exclude them from R4 zones. This ambiguity leaves room for interpretation, especially when considering that R4 zones are intended for high-density residential developments such as Residential Flat Buildings (RFBs).

Since the SEPP requires RFBs to be permissible in R4 zones and manor homes share similarities in their multi-residential nature, it’s reasonable to extrapolate their compatibility within the same zoning framework. Moreover, the land use table for R4 zones (In this particular subject site) seems to allow for "any other development not specified in item 2 or 4," under their LEP, which could further support the inclusion of manor homes.

While manor homes are not explicitly prohibited in Zone R4, and providing that the proposal meets all of the relevant development standards, then the argument for allowing manor homes in Zone R4 under CDC strengthens in my humble opinion.

Given the lack of explicit prohibition and the permissibility of other multi-residential developments like RFBs, there is a plausible case for constructing a two-storey manor homes over a shared basement carpark for example in Zone R4.

While this scenario presents a gray area in planning regulations, with careful preparation and adherence to compliance measures, there appears to be a viable opportunity for approval.

Do you agree? Why or why not? Please share your thoughts and provide us with feedback and comments—we’d love to learn from your insights.

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 tailored to your unique circumstances. Please do not rely solely on the opinions or information presented in this article or any related comments.

Regards

Firas Naji

27 January 2025