The NSW Land and Environment Court has made a ruling that could have significant implications for apartment sizes in the state.
In Botany City Council v Botany Developments Pty Ltd (No 2) on 9 April, Justice Sheehan said the widely used standard of the “rules of thumb” included in the Residential Flat Design Code was not the guideline that should be followed for minimum sizing, as set out in State Environmental Planning Policy 65 (SEPP 65). An adjoining table in the code that lists dramatically larger sizes is the correct guideline, according to the judge.
Under the rules of thumb, the suggested size for one bedroom apartments is 50 square metres, two bedroom apartments 70 square metres and three bedroom apartments 95 square metres. The table included in the code advises at least 58 square metres for a one bedroom apartment, and 91 square metres for a two bedroom apartment, showing a stark contrast between the guidelines. The disparity in the minimum size for three bedroom apartments is an enormous 53 square metres.
A dispute between the Botany City Council and Botany Developments Pty Ltd over the size of 158 units in a 3-6 storey dwelling led to the proceedings before the Land and Environment Court. The council’s own development control plan, which was considered as part of the case, listed 75 square metres as the minimum size for one bedroom dwellings.
The Residential Flat Design Code was introduced in 2002 with the aim of lifting design quality in residential flat buildings across the state by including measures such as the need for buildings to be designed by registered architects.
