{"id":"nsw:epi-2021-0714","name":"State Environmental Planning Policy (Housing) 2021","slug":"state-environmental-planning-policy-housing-2021","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"714 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181142,"registerId":"nsw-nsw:epi-2021-0714-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Policy","content":"#### 1 Name of Policy\n\n1 Name of Policy\n\n> This Policy is [State Environmental Planning Policy (Housing) 2021](/view/html/inforce/current/epi-2021-0714).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Policy commences on the day on which it is published on the NSW legislation website.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Principles of Policy","content":"#### 3 Principles of Policy\n\n3 Principles of Policy\n\n> The principles of this Policy are as follows—\n> \n> > (a) enabling the development of diverse housing types, including purpose-built rental housing,\n> \n> > (b) encouraging the development of housing that will meet the needs of more vulnerable members of the community, including very low to moderate income households, seniors and people with a disability,\n> \n> > (c) ensuring new housing development provides residents with a reasonable level of amenity,\n> \n> > (d) promoting the planning and delivery of housing in locations where it will make good use of existing and planned infrastructure and services,\n> \n> > (e) minimising adverse climate and environmental impacts of new housing development,\n> \n> > (f) reinforcing the importance of designing housing in a way that reflects and enhances its locality,\n> \n> > (g) supporting short-term rental accommodation as a home-sharing activity and contributor to local economies, while managing the social and environmental impacts from this use,\n> \n> > (h) mitigating the loss of existing affordable rental housing.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation—general","content":"#### 4 Interpretation—general\n\n4 Interpretation—general\n\n> > (1) The Dictionary in Schedule 10 defines words used in this Policy.\n> > \n> > Note—\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Policy.\n> \n> > (2) Unless otherwise defined in this Policy, words used in this Policy, other than in Schedule 1 or 2, have the same meaning as in the standard instrument.\n> \n> > (3) A reference in this Policy to a business zone is taken, on and from 26 April 2023, to include a reference to Zones E1, E2, E3, MU1 and SP5.\n> \n> **s 4:** Am 2022 (451), Sch 1\\[1\\]; 2022 (727), Sch 2\\[1\\]; 2023 (664), Sch 1\\[1\\].","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Interpretation—references to equivalent land use zones","content":"#### 5 Interpretation—references to equivalent land use zones\n\n5 Interpretation—references to equivalent land use zones\n\n> > (1) A reference in this Policy to an equivalent land use zone is a reference to a land use zone under a non-standard instrument that—\n> > \n> > > (a) the Planning Secretary has determined under the Codes SEPP, section 1.6 is a land use zone in which equivalent land uses are permitted to the land uses permitted in a named land use zone, or\n> > \n> > > (b) if no determination has been made for the zone—is a land use zone in which, in the opinion of the relevant public authority, equivalent land uses are permitted to the land uses permitted in a named land use zone.\n> \n> > (2) For the purposes of subsection (1)(b)—\n> > \n> > > (a) the opinion of the relevant public authority applies only in relation to the development proposed to be carried out, and\n> > \n> > > (b) more than 1 opinion may be formed in relation to the same land use zone.\n> \n> > (3) If a non-standard instrument and a draft standard instrument applies to land, a reference in this Policy to a lot or land in an equivalent land use zone is a reference to the lot or land in the named land use zone in the draft standard instrument.\n> \n> > (4) In this section—\n> > \n> > draft standard instrument means a draft environmental planning instrument—\n> > \n> > > (a) in the form referred to in the Act, section 3.20(2), and\n> > \n> > > (b) in relation to which the community participation requirements referred to in the Act, Schedule 1, clause 4 have been met.\n> > \n> > equivalent land use zone means a land use zone equivalent to a named land use zone.\n> > \n> > named land use zone means a land use zone named in the standard instrument.\n> > \n> > non-standard instrument means an environmental planning instrument that is not made as provided by the Act, section 3.20(2).\n> > \n> > relevant public authority means—\n> > \n> > > (a) the public authority proposing to carry out the development, or on whose behalf the development is proposed to be carried out, or\n> > \n> > > (b) if the development is to be carried out by or on behalf of a person other than a public authority—the consent authority.\n> \n> **s 5:** Am 2023 (664), Sch 1\\[2\\]–\\[4\\].","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Development permitted without consent","content":"#### 6 Development permitted without consent\n\n6 Development permitted without consent\n\n> In this Policy, development permitted without consent may be carried out without another consent or a licence, permission, approval or authorisation otherwise required under another environmental planning instrument.\n> \n> Note—\n> \n> Development permitted without consent may be subject to environmental assessment and approval requirements in the Act, Part 5.\n> \n> **s 6:** Am 2022 (99), Sch 1\\[1\\].","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Land to which Policy applies","content":"#### 7 Land to which Policy applies\n\n7 Land to which Policy applies\n\n> This Policy applies to the State.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Relationship with other environmental planning instruments","content":"#### 8 Relationship with other environmental planning instruments\n\n8 Relationship with other environmental planning instruments\n\n> > (1) Unless otherwise specified in this Policy, if there is an inconsistency between this Policy and another environmental planning instrument, whether made before or after the commencement of this Policy, this Policy prevails to the extent of the inconsistency.\n> \n> > (2) [State Environmental Planning Policy (Sustainable Buildings) 2022](/view/html/inforce/current/epi-2022-0521), Chapter 2 prevails over this policy, Chapter 4, to the extent of an inconsistency.\n> \n> **s 8:** Am 2023 (664), Sch 1\\[5\\].","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Suspension of covenants, agreements and instruments","content":"#### 9 Suspension of covenants, agreements and instruments\n\n9 Suspension of covenants, agreements and instruments\n\n> > (1) For the purposes of enabling development to be carried out in accordance with this Policy or with a development consent granted under the Act, an agreement, a covenant or another similar instrument that restricts the carrying out of the development does not apply to the extent necessary to serve that purpose.\n> \n> > (2) Subsection (1) does not apply to—\n> > \n> > > (a) a covenant imposed by a council or that the council requires to be imposed, or\n> > \n> > > (b) a biodiversity certification conferred under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063), Part 8, or\n> > \n> > > (c) a private land conservation agreement within the meaning of the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063), or\n> > \n> > > (d) a relevant instrument within the meaning of the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058), section 13.4, or\n> > \n> > > (e) the relevant provisions of a land management (native vegetation) code, and the necessary mandatory code compliant certificate, for a set aside area under the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051), Part 5A, or\n> > \n> > > (f) a conservation agreement within the meaning of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), or\n> > \n> > > (g) a property vegetation plan within the meaning of the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103) that is continued in force by the [Biodiversity Conservation (Savings and Transitional) Regulation 2017](/view/html/inforce/current/sl-2017-0433), or\n> > \n> > > (h) a Trust agreement within the meaning of the [Nature Conservation Trust Act 2001](/view/html/repealed/current/act-2001-010) that is continued in force by the [Biodiversity Conservation (Savings and Transitional) Regulation 2017](/view/html/inforce/current/sl-2017-0433), or\n> > \n> > > (i) a planning agreement, or\n> > \n> > > (j) a covenant in favour of Sydney Water Corporation or a water supply authority listed in the [Water Management Act 2000](/view/html/inforce/current/act-2000-092), Schedule 3.\n> \n> > (3) This section does not affect the rights or interests of a public authority under a registered instrument.\n> \n> > (4) Before this Policy was made, the Governor approved this section under the Act, section 3.16.\n> \n> **s 9:** Am 2024 (135), Sch 1\\[1\\].","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Repeals","content":"#### 10 Repeals\n\n10 Repeals\n\n> > (1) The following environmental planning instruments are repealed—\n> > \n> > > (a) [State Environmental Planning Policy (Affordable Rental Housing) 2009](/view/html/repealed/current/epi-2009-0364),\n> > \n> > > (b) [State Environmental Planning Policy No 70—Affordable Housing (Revised Schemes)](/view/html/repealed/current/epi-2002-0337).\n> \n> > (2) The following environmental planning instruments, as amended by Schedule 8, are repealed—\n> > \n> > > (a) [State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004](/view/html/repealed/current/epi-2004-0143),\n> > \n> > > (b) [State Environmental Planning Policy No 21—Caravan Parks](/view/html/repealed/current/epi-1992-0204),\n> > \n> > > (c) [State Environmental Planning Policy No 36—Manufactured Home Estates](/view/html/repealed/current/epi-1993-0320).","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Maps","content":"#### 11 Maps\n\n11 Maps\n\n> > (1) A reference in this Policy to a named map adopted by this Policy is a reference to a map by that name—\n> > \n> > > (a) approved by the Minister when the map is adopted, and\n> > \n> > > (b) as amended or replaced from time to time by maps—\n> > > \n> > > > (i) declared by environmental planning instruments to amend or replace the map, and\n> > > \n> > > > (ii) approved by the persons making the instruments when the instruments are made.\n> \n> > (2) Two or more named maps may be combined into a single map and a reference in this Policy to the named map is a reference to the relevant part or aspect of the single map.\n> \n> > (3) The maps adopted by this Policy must be kept in electronic form and made available for public access in accordance with arrangements approved by the Minister.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Transferred provisions","content":"#### 12 Transferred provisions\n\n12 Transferred provisions\n\n> The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), section 30A is taken to apply to the following provisions transferred to this Policy on the commencement of this Policy in the same way as it applies to provisions transferred from a statutory rule to another statutory rule—\n> \n> > (a) Chapter 3, Parts 8 and 9,\n> \n> > (b) Schedules 4, 5, 6 and 7.\n> \n> Note—\n> \n> The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), section 30A provides—\n> \n> > (a) the transfer of a provision does not affect the operation or meaning of the provision, and\n> \n> > (b) a transferred provision is to be construed as if it had not been transferred.\n> \n> **s 12:** Am 2022 (451), Sch 1\\[2\\].","sortOrder":11},{"sectionNumber":"12A","sectionType":"section","heading":"Limitation on additional floor space ratio","content":"#### 12A Limitation on additional floor space ratio\n\n12A Limitation on additional floor space ratio\n\n> > (1) This section applies to development involving more than one of the following—\n> > \n> > > (a) development for the purposes of in-fill affordable housing under Chapter 2, Part 2, Division 1,\n> > \n> > > (b) development for the purposes of boarding houses under Chapter 2, Part 2, Division 2,\n> > \n> > > (c) development for the purposes of co-living housing under Chapter 3, Part 3,\n> > \n> > > (d) development for the purposes of seniors housing under Chapter 3, Part 5.\n> \n> > (2) If the development proposes to use the additional floor space ratio permitted under more than one relevant provision, the maximum floor space ratio must not exceed 130% of the maximum permissible floor space ratio for the development on the land.\n> \n> > (3) In this section—\n> > \n> > relevant provision means section 16, 17, 24(2)(a)(ii), 68(2)(a)(ii) or 87(2)(a).\n> \n> **s 12A:** Ins 2023 (664), Sch 1\\[6\\]. Am 2025 (42), Sch 1; 2025 (684), Sch 3\\[1\\].","sortOrder":12},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":13},{"sectionNumber":"13A","sectionType":"section","heading":"Application of Chapter 4 to affordable housing","content":"#### 13A Application of Chapter 4 to affordable housing\n\n13A Application of Chapter 4 to affordable housing\n\n> Development to which this chapter, Part 2, Division 1, 5 or 6 applies may also be residential apartment development under Chapter 4.\n> \n> Note—\n> \n> See section 144(6).\n> \n> **s 13A:** Ins 2022 (349), Sch 1\\[1\\]. Subst 2023 (664), Sch 1\\[7\\].","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Affordable housing—the Act, s 1.4(1)","content":"#### 13 Affordable housing—the Act, s 1.4(1)\n\n13 Affordable housing—the Act, s 1.4(1)\n\n> > (1) In this Policy, a household is taken to be a very low income household, low income household or moderate income household if—\n> > \n> > > (a) the household—\n> > > \n> > > > (i) has a gross income within the following ranges of percentages of the median household income for Greater Sydney or the Rest of NSW—\n> > > > \n> > > > > (A) very low income household—less than 50%,\n> > > > \n> > > > > (B) low income household—50–less than 80%,\n> > > > \n> > > > > (C) moderate income household—80–120%, and\n> > > \n> > > > (ii) pays no more than 30% of the gross income in rent, or\n> > \n> > > (b) the household—\n> > > \n> > > > (i) is eligible to occupy rental accommodation under the National Rental Affordability Scheme, and\n> > > \n> > > > (ii) pays no more rent than the rent that would be charged if the household were to occupy rental accommodation under the Scheme.\n> \n> > (2) In this section—\n> > \n> > Greater Sydney means the area that the Australian Bureau of Statistics determines from time to time to be the Greater Sydney—Greater Capital City Statistical Area.\n> > \n> > National Rental Affordability Scheme has the same meaning as in the [National Rental Affordability Scheme Act 2008](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > Rest of NSW means the area that the Australian Bureau of Statistics determines from time to time to be the Rest of NSW—Greater Capital City Statistical Area.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Need for affordable housing and imposition of conditions—the Act, s 7.32(1)","content":"#### 14 Need for affordable housing and imposition of conditions—the Act, s 7.32(1)\n\n14 Need for affordable housing and imposition of conditions—the Act, s 7.32(1)\n\n> This Policy identifies that there is a need for affordable housing within each area of the State.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Requirement for imposition of conditions—the Act, s 7.32(3)(a)","content":"#### 15 Requirement for imposition of conditions—the Act, s 7.32(3)(a)\n\n15 Requirement for imposition of conditions—the Act, s 7.32(3)(a)\n\n> Before imposing a condition under the Act, section 7.32, the consent authority must consider the following—\n> \n> > (a) affordable housing must aim to create mixed and balanced communities,\n> \n> > (b) affordable housing must be created and managed so that a socially diverse residential population, representative of all income groups, is developed and maintained in a locality,\n> \n> > (c) affordable housing must be made available to very low, low and moderate income households, or a combination of the households,\n> \n> > (d) affordable housing must be rented to appropriately qualified tenants and at an appropriate rate of gross household income,\n> \n> > (e) land provided for affordable housing must be used for the purposes of the provision of affordable housing,\n> \n> > (f) buildings provided for affordable housing must be managed to maintain their continued use for affordable housing,\n> \n> > (g) affordable housing must consist of dwellings constructed to a standard that, in the opinion of the consent authority, is consistent with other dwellings in the area.","sortOrder":17},{"sectionNumber":"Part 2","sectionType":"part","heading":"Development for affordable housing","content":"# Part 2 Development for affordable housing\n\nPart 2 Development for affordable housing","sortOrder":18},{"sectionNumber":"Division 1","sectionType":"division","heading":"In-fill affordable housing","content":"## Division 1 In-fill affordable housing\n\nDivision 1 In-fill affordable housing\n\n**ch 2, pt 2, div 1:** Subst 2023 (664), Sch 1\\[8\\].","sortOrder":19},{"sectionNumber":"15A","sectionType":"section","heading":"Objective of division","content":"#### 15A Objective of division\n\n15A Objective of division\n\n> The objective of this division is to facilitate the delivery of new in-fill affordable housing to meet the needs of very low, low and moderate income households.\n> \n> **s 15A:** Ins 2023 (664), Sch 1\\[8\\].","sortOrder":20},{"sectionNumber":"15B","sectionType":"section","heading":"Definitions","content":"#### 15B Definitions\n\n15B Definitions\n\n> > (1) In this division—\n> > \n> > affordable housing component, of development, means the percentage of the gross floor area used for affordable housing.\n> > \n> > residential development means development for the following purposes—\n> > \n> > > (a) attached dwellings,\n> > \n> > > (b) dual occupancies,\n> > \n> > > (c) dwelling houses,\n> > \n> > > (d) manor houses,\n> > \n> > > (e) multi dwelling housing,\n> > \n> > > (f) multi dwelling housing (terraces),\n> > \n> > > (g) residential flat buildings,\n> > \n> > > (h) semi-detached dwellings,\n> > \n> > > (i) shop top housing.\n> \n> > (2) In this division, residential development carried out by or on behalf of the Aboriginal Housing Office or the Land and Housing Corporation is taken to be used for the purposes of affordable housing.\n> \n> **s 15B:** Ins 2023 (664), Sch 1\\[8\\].","sortOrder":21},{"sectionNumber":"15C","sectionType":"section","heading":"Development to which division applies","content":"#### 15C Development to which division applies\n\n15C Development to which division applies\n\n> > (1) This division applies to development that includes residential development if—\n> > \n> > > (a) the development is permitted with consent under Chapter 3, Part 4, Chapter 5, Chapter 6 or another environmental planning instrument, and\n> > \n> > > (b) the affordable housing component is at least 10%, and\n> > \n> > > (c) all or part of the development is carried out—\n> > > \n> > > > (i) for development on land in the Six Cities Region, other than in the City of Shoalhaven or Port Stephens local government area—in an accessible area, or\n> > > \n> > > > (ii) for development on other land—within 800m walking distance of land in a relevant zone or an equivalent land use zone.\n> \n> > (2) Affordable housing provided as part of development because of a requirement under another chapter of this policy, another environmental planning instrument or a planning agreement is not counted towards the affordable housing component under this division.\n> \n> > (2A) This division does not apply to development—\n> > \n> > > (a) on land identified as an “Accelerated TOD Precinct” on the [Accelerated Transport Oriented Development Precincts Rezoning Areas Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-housing-2021), or\n> > \n> > > (b) on land identified as the “Warrawong Site” on the [State Significant Development Sites Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-housing-2021), within the meaning of [State Environmental Planning Policy (Planning Systems) 2021](/view/html/inforce/current/epi-2021-0724), Chapter 2, or\n> > \n> > > (c) on land identified as the “Kanwal Site” on the [State Significant Development Sites Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-housing-2021), within the meaning of [State Environmental Planning Policy (Planning Systems) 2021](/view/html/inforce/current/epi-2021-0724), Chapter 2, or\n> > \n> > > (d) carried out under the Codes SEPP, Parts 3B and 3BA, unless it is being carried out by or on behalf of the New South Wales Land and Housing Corporation constituted by the [Housing Act 2001](/view/html/inforce/current/act-2001-052), or\n> > \n> > > (e) on land identified on the [State Environmental Planning Policy (Precincts—Central River City) 2021 Sydney Olympic Park Land Application Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-housing-2021).\n> \n> > (3) In this section—\n> > \n> > relevant zone means the following—\n> > \n> > > (a) Zone E1 Local Centre,\n> > \n> > > (a1) Zone E2 Commercial Centre,\n> > \n> > > (b) Zone MU1 Mixed Use,\n> > \n> > > (c) Zone B1 Neighbourhood Centre,\n> > \n> > > (d) Zone B2 Local Centre,\n> > \n> > > (e) Zone B4 Mixed Use.\n> \n> **s 15C:** Ins 2023 (664), Sch 1\\[8\\]. Am 2024 (135), Sch 1\\[1\\]–\\[3\\]; 2024 (334), Sch 1\\[1\\]; 2024 (594), Sch 3\\[1\\]; 2025 (82), Sch 1; 2025 (105), Sch 1\\[1\\]; 2025 (350), Sch 3; 2025 (468), Sch 2; 2025 (512), Sch 1\\[1\\]; 2026 (133), Sch 2.","sortOrder":22},{"sectionNumber":"16","sectionType":"section","heading":"Affordable housing requirements for additional floor space ratio","content":"#### 16 Affordable housing requirements for additional floor space ratio\n\n16 Affordable housing requirements for additional floor space ratio\n\n> > (1) The maximum floor space ratio for development that includes residential development to which this division applies is the maximum permissible floor space ratio for the development on the land plus an additional floor space ratio of up to 30%, based on the minimum affordable housing component calculated in accordance with subsection (2).\n> \n> > (2) The minimum affordable housing component, which must be at least 10%, is calculated as follows—\n> > \n> > ![](/image/((Type%3D%22epi%22)%20AND%20(No%3D0714)%20AND%20(Year%3D2021)%20AND%20(%22Historical%20Document%22%3D0))/g4.gif)\n> \n> > (3) If the development includes residential flat buildings or shop top housing, the maximum building height for a building used for residential flat buildings or shop top housing is the maximum permissible building height for the development on the land plus an additional building height that is the same percentage as the additional floor space ratio permitted under subsection (1).\n> > \n> > Example—\n> > \n> > Development that is eligible for 20% additional floor space ratio because the development includes a 10% affordable housing component, as calculated under subsection (2), is also eligible for 20% additional building height if the development involves residential flat buildings or shop top housing.\n> \n> > (4) This section does not apply to development on land for which there is no maximum permissible floor space ratio.\n> \n> **s 16:** Am 2022 (349), Sch 1\\[2\\]–\\[4\\]; 2022 (727), Sch 2\\[2\\]. Subst 2023 (664), Sch 1\\[8\\]. Am 2025 (42), Sch 1.","sortOrder":23},{"sectionNumber":"17","sectionType":"section","heading":"Additional floor space ratio for relevant authorities and registered community housing providers","content":"#### 17 Additional floor space ratio for relevant authorities and registered community housing providers\n\n17 Additional floor space ratio for relevant authorities and registered community housing providers\n\n> > (1) This section applies to residential development to which this division applies that is carried out—\n> > \n> > > (a) by or on behalf of a relevant authority or registered community housing provider, and\n> > \n> > > (b) on land with a maximum permissible floor space ratio of 2:1 or less.\n> \n> > (2) The maximum floor space ratio for the development is—\n> > \n> > > (a) the maximum floor space ratio calculated in accordance with section 16, or\n> > \n> > > (b) the maximum floor space ratio calculated in accordance with subsection (3).\n> \n> > (3) The maximum floor space ratio for subsection (2)(b) is the maximum permissible floor space ratio for the development on the land plus an additional floor space ratio of—\n> > \n> > > (a) if the affordable housing component is at least 50%—0.5:1, or\n> > \n> > > (b) if the affordable housing component is between 20% and 50%—Y:1,\n> > > \n> > > where—\n> > > \n> > > AH is the affordable housing component.\n> > > \n> > > Y is ![](/image/((Type%3D%22epi%22)%20AND%20(No%3D0714)%20AND%20(Year%3D2021)%20AND%20(%22Historical%20Document%22%3D0))/g5.gif) .\n> \n> > (4) If development to which this section applies uses the maximum floor space ratio under subsection (2)(a), section 16(3) also applies to the development.\n> \n> **s 17:** Subst 2023 (664), Sch 1\\[8\\]. Am 2025 (42), Sch 1.","sortOrder":24},{"sectionNumber":"18","sectionType":"section","heading":"Affordable housing requirements for additional building height","content":"#### 18 Affordable housing requirements for additional building height\n\n18 Affordable housing requirements for additional building height\n\n> > (1) This section applies to development that includes residential development to which this division applies if the development—\n> > \n> > > (a) includes residential flat buildings or shop top housing, and\n> > \n> > > (b) does not use the additional floor space ratio permitted under section 16.\n> \n> > (2) The maximum building height for a building used for residential flat buildings or shop top housing is the maximum permissible building height for the development on the land plus an additional building height of up to 30%, based on a minimum affordable housing component calculated in accordance with subsection (3).\n> \n> > (3) The minimum affordable housing component, which must be at least 10%, is calculated as follows—\n> > \n> > ![](/image/((Type%3D%22epi%22)%20AND%20(No%3D0714)%20AND%20(Year%3D2021)%20AND%20(%22Historical%20Document%22%3D0))/g6.gif)\n> \n> **s 18:** Subst 2023 (664), Sch 1\\[8\\]. Am 2025 (42), Sch 1.","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Non-discretionary development standards—the Act, s 4.15","content":"#### 19 Non-discretionary development standards—the Act, s 4.15\n\n19 Non-discretionary development standards—the Act, s 4.15\n\n> > (1) The object of this section is to identify development standards for particular matters relating to residential development under this division that, if complied with, prevent the consent authority from requiring more onerous standards for the matters.\n> > \n> > Note—\n> > \n> > See the Act, section 4.15(3), which does not prevent development consent being granted if a non-discretionary development standard is not complied with.\n> \n> > (2) The following are non-discretionary development standards in relation to the residential development to which this division applies—\n> > \n> > > (a) a minimum site area of 450m2,\n> > \n> > > (b) a minimum landscaped area that is the lesser of—\n> > > \n> > > > (i) 35m2 per dwelling, or\n> > > \n> > > > (ii) 30% of the site area,\n> > \n> > > (c) a deep soil zone on at least 15% of the site area, where—\n> > > \n> > > > (i) each deep soil zone has minimum dimensions of 3m, and\n> > > \n> > > > (ii) if practicable, at least 65% of the deep soil zone is located at the rear of the site,\n> > \n> > > (d) living rooms and private open spaces in at least 70% of the dwellings receive at least 3 hours of direct solar access between 9am and 3pm at mid-winter,\n> > \n> > > (e) the following number of parking spaces for dwellings used for affordable housing—\n> > > \n> > > > (i) for each dwelling containing 1 bedroom—at least 0.4 parking spaces,\n> > > \n> > > > (ii) for each dwelling containing 2 bedrooms—at least 0.5 parking spaces,\n> > > \n> > > > (iii) for each dwelling containing at least 3 bedrooms— at least 1 parking space,\n> > \n> > > (f) the following number of parking spaces for dwellings not used for affordable housing—\n> > > \n> > > > (i) for each dwelling containing 1 bedroom—at least 0.5 parking spaces,\n> > > \n> > > > (ii) for each dwelling containing 2 bedrooms—at least 1 parking space,\n> > > \n> > > > (iii) for each dwelling containing at least 3 bedrooms—at least 1.5 parking spaces,\n> > \n> > > (g) the minimum internal area, if any, specified in the Apartment Design Guide for the type of residential development,\n> > \n> > > (h) for development for the purposes of dual occupancies, manor houses or multi dwelling housing (terraces)—the minimum floor area specified in the Low Rise Housing Diversity Design Guide,\n> > \n> > > (i) if paragraphs (g) and (h) do not apply, the following minimum floor areas—\n> > > \n> > > > (i) for each dwelling containing 1 bedroom—65m2,\n> > > \n> > > > (ii) for each dwelling containing 2 bedrooms—90m2,\n> > > \n> > > > (iii) for each dwelling containing at least 3 bedrooms—115m2 plus 12m2 for each bedroom in addition to 3 bedrooms.\n> \n> > (3) Subsection (2)(c) and (d) do not apply to development to which Chapter 4 applies.\n> \n> **s 19:** Subst 2023 (664), Sch 1\\[8\\].","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Design requirements","content":"#### 20 Design requirements\n\n20 Design requirements\n\n> > (1) Development consent must not be granted to development for the purposes of dual occupancies, manor houses or multi dwelling housing (terraces) under this division unless the consent authority has considered the Low Rise Housing Diversity Design Guide, to the extent to which the guide is not inconsistent with this policy.\n> \n> > (2) Subsection (1) does not apply to development to which Chapter 4 applies.\n> \n> > (3) Development consent must not be granted to development under this division unless the consent authority has considered whether the design of the residential development is compatible with—\n> > \n> > > (a) the desirable elements of the character of the local area, or\n> > \n> > > (b) for precincts undergoing transition—the desired future character of the precinct.\n> \n> **s 20:** Subst 2023 (664), Sch 1\\[8\\].","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Must be used for affordable housing for at least 15 years","content":"#### 21 Must be used for affordable housing for at least 15 years\n\n21 Must be used for affordable housing for at least 15 years\n\n> > (1) Development consent must not be granted to development under this division unless the consent authority is satisfied that for a period of at least 15 years commencing on the day an occupation certificate is issued for the development—\n> > \n> > > (a) the development will include the affordable housing component required for the development under section 16, 17 or 18, and\n> > \n> > > (b) the affordable housing component will be managed by a registered community housing provider.\n> \n> > (2) This section does not apply to development carried out by or on behalf of the Aboriginal Housing Office or the Land and Housing Corporation.\n> \n> **s 21:** Am 2022 (349), Sch 1\\[3\\]. Subst 2023 (664), Sch 1\\[8\\].","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Subdivision permitted with consent","content":"#### 22 Subdivision permitted with consent\n\n22 Subdivision permitted with consent\n\n> Land on which development has been carried out under this division may be subdivided with development consent.\n> \n> **s 22:** Subst 2023 (664), Sch 1\\[8\\].","sortOrder":29},{"sectionNumber":"Division 2","sectionType":"division","heading":"Boarding houses","content":"## Division 2 Boarding houses\n\nDivision 2 Boarding houses","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Boarding houses permitted with consent","content":"#### 23 Boarding houses permitted with consent\n\n23 Boarding houses permitted with consent\n\n> > (1) Development for the purposes of boarding houses may be carried out with consent on land on which development for the purposes of boarding houses is permitted with consent under another environmental planning instrument.\n> \n> > (2) Development for the purposes of a boarding house must not be carried out on land in Zone R2 Low Density Residential or an equivalent land use zone unless—\n> > \n> > > (a) for land in the Eastern Harbour City, Central River City, Western Parkland City or Central Coast City—the land is within an accessible area, or\n> > \n> > > (b) otherwise—all or part of the boarding house is within 800m walking distance of land in Zone E1 Local Centre, Zone MU1 Mixed Use, Zone B1 Neighbourhood Centre, Zone B2 Local Centre or Zone B4 Mixed Use, or an equivalent land use zone.\n> \n> **s 23:** Am 2022 (727), Sch 2\\[3\\]; 2023 (664), Sch 1\\[9\\]–\\[11\\].","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Non-discretionary development standards—the Act, s 4.15","content":"#### 24 Non-discretionary development standards—the Act, s 4.15\n\n24 Non-discretionary development standards—the Act, s 4.15\n\n> > (1) The object of this section is to identify development standards for particular matters relating to development for the purposes of boarding houses that, if complied with, prevent the consent authority from requiring more onerous standards for the matters.\n> > \n> > Note—\n> > \n> > See the Act, section 4.15(3), which does not prevent development consent being granted if a non-discretionary development standard is not complied with.\n> \n> > (2) The following are non-discretionary development standards in relation to the carrying out of development to which this Division applies—\n> > \n> > > (a) for development in a zone in which residential flat buildings or shop top housing are permitted—a floor space ratio that is not more than—\n> > > \n> > > > (i) the maximum permissible floor space ratio for residential accommodation on the land, and\n> > > \n> > > > (ii) an additional 30% of the maximum permissible floor space ratio if the additional floor space is used only for the purposes of the boarding house,\n> > \n> > > (b) if paragraph (a) does not apply—a floor space ratio that is not more than the maximum permissible floor space ratio for residential accommodation on the land,\n> > \n> > > (c) for development on land in Zone R2 Low Density Residential or Zone R3 Medium Density Residential—the minimum landscaping requirements for multi dwelling housing under a relevant planning instrument,\n> > \n> > > (d) for development on land in Zone R4 High Density Residential—the minimum landscaping requirements for residential flat buildings under a relevant planning instrument,\n> > \n> > > (e) at least 3 hours of direct solar access provided between 9am and 3pm at mid-winter in at least 1 communal living area,\n> > \n> > > (f) for a boarding house containing 6 boarding rooms—\n> > > \n> > > > (i) a total of at least 30m2 of communal living area, and\n> > > \n> > > > (ii) minimum dimensions of 3m for each communal living area,\n> > \n> > > (g) for a boarding house containing more than 6 boarding rooms—\n> > > \n> > > > (i) a total of at least 30m2 of communal living area plus at least a further 2m2 for each boarding room in excess of 6 boarding rooms, and\n> > > \n> > > > (ii) minimum dimensions of 3m for each communal living area,\n> > \n> > > (h) communal open spaces—\n> > > \n> > > > (i) with a total area of at least 20% of the site area, and\n> > > \n> > > > (ii) each with minimum dimensions of 3m,\n> > \n> > > (i) if a relevant planning instrument does not specify a requirement for a lower number of parking spaces—at least the following number of parking spaces—\n> > > \n> > > > (i) for development on land within an accessible area—0.2 parking spaces for each boarding room,\n> > > \n> > > > (ii) otherwise—0.5 parking spaces for each boarding room,\n> > \n> > > (j) if a relevant planning instrument specifies a requirement for a lower number of parking spaces—the lower number specified in the relevant planning instrument.\n> \n> **s 24:** Am 2023 (664), Sch 1\\[12\\]–\\[14\\].","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"Standards for boarding houses","content":"#### 25 Standards for boarding houses\n\n25 Standards for boarding houses\n\n> > (1) Development consent must not be granted under this Division unless the consent authority is satisfied that—\n> > \n> > > (a) no boarding room will have a gross floor area, excluding an area, if any, used for the purposes of private kitchen or bathroom facilities, of more than 25m2, and\n> > \n> > > (b) no boarding room will be occupied by more than 2 adult residents, and\n> > \n> > > (c) adequate bathroom, kitchen and laundry facilities will be available within the boarding house for the use of each resident, and\n> > \n> > > (d) for a boarding house on land in Zone R2 Low Density Residential or an equivalent land use zone—the boarding house will not have more than 12 boarding rooms, and\n> > \n> > > (e) for a boarding house on land in a business zone—no part of the ground floor of the boarding house that fronts a street will be used for residential purposes unless another environmental planning instrument permits the use, and\n> > \n> > > (f) for a boarding house containing at least 6 boarding rooms—the boarding house will have at least 1 communal living area, and\n> > \n> > > (g) the minimum lot size for the boarding house is not less than—\n> > > \n> > > > (i) for development on land in Zone R2 Low Density Residential—600m2, or\n> > > \n> > > > (ii) for development on other land—800m2.\n> > > \n> > > > (iii) (Repealed)\n> > \n> > > (h) each boarding room has a floor area, excluding an area, if any, used for the purposes of private kitchen or bathroom facilities, of at least the following—\n> > > \n> > > > (i) for a boarding room intended to be used by a single resident—12m2,\n> > > \n> > > > (ii) otherwise—16m2, and\n> > \n> > > (i) the boarding house will include adequate bicycle and motorcycle parking spaces.\n> \n> > (2) Development consent must not be granted under this Division unless the consent authority considers whether—\n> > \n> > > (a) the design of the boarding house will be compatible with—\n> > > \n> > > > (i) the desirable elements of the character of the local area, or\n> > > \n> > > > (ii) for precincts undergoing transition—the desired future character of the precinct, and\n> > \n> > > (b) the front, side and rear setbacks for the boarding house are not less than—\n> > > \n> > > > (i) for development on land in Zone R2 Low Density Residential or Zone R3 Medium Density Residential—the minimum setback requirements for multi dwelling housing under a relevant planning instrument,\n> > > \n> > > > (ii) for development on land in Zone R4 High Density Residential—the minimum setback requirements for residential flat buildings under a relevant planning instrument,\n> > \n> > > (c) if the boarding house has at least 3 storeys—the building will comply with the minimum building separation distances specified in the Apartment Design Guide.\n> > \n> > > (d), (e) (Repealed)\n> \n> > (3) This section does not apply to development for the purposes of minor alterations or additions to an existing boarding house.\n> \n> > (4) In this section, a storey does not include a storey used for car parking that is below ground level (existing), or less than 1.2m above ground level (existing).\n> \n> **s 25:** Am 2022 (349), Sch 1\\[5\\] \\[6\\]; 2022 (451), Sch 1\\[3\\]; 2025 (291), Sch 1\\[1\\].","sortOrder":33},{"sectionNumber":"26","sectionType":"section","heading":"Must be used for affordable housing in perpetuity","content":"#### 26 Must be used for affordable housing in perpetuity\n\n26 Must be used for affordable housing in perpetuity\n\n> > (1) Development consent must not be granted under this Division unless the consent authority is satisfied that from the date of the issue of the occupation certificate and continuing in perpetuity—\n> > \n> > > (a) the boarding house will be used for affordable housing, and\n> > \n> > > (b) the boarding house will be managed by a registered community housing provider.\n> \n> > (2) Subsection (1) does not apply to development carried out by or on behalf of the Aboriginal Housing Office or the Land and Housing Corporation.\n> \n> **s 26:** Am 2022 (349), Sch 1\\[3\\]; 2023 (664), Sch 1\\[15\\].","sortOrder":34},{"sectionNumber":"27","sectionType":"section","heading":"Subdivision of boarding houses not permitted","content":"#### 27 Subdivision of boarding houses not permitted\n\n27 Subdivision of boarding houses not permitted\n\n> Development consent must not be granted for the subdivision of a boarding house.","sortOrder":35},{"sectionNumber":"Division 3","sectionType":"division","heading":"Boarding houses—relevant authorities","content":"## Division 3 Boarding houses—relevant authorities\n\nDivision 3 Boarding houses—relevant authorities\n\n**ch 2, pt 2, div 3, hdg:** Am 2022 (349), Sch 1\\[7\\]; 2023 (664), Sch 1\\[16\\].","sortOrder":36},{"sectionNumber":"28","sectionType":"section","heading":"Development to which Division applies","content":"#### 28 Development to which Division applies\n\n28 Development to which Division applies\n\n> > (1) This Division applies to development for the purposes of boarding houses on land—\n> > \n> > > (a) on which development for the purposes of boarding houses is permitted with consent under another environmental planning instrument, or\n> > \n> > > (b) in Zone R2 Low Density Residential or an equivalent land use zone.\n> \n> > (2) This Division does not apply to development for the purposes of boarding houses on land in Zone R2 Low Density Residential or an equivalent land use zone unless—\n> > \n> > > (a) for land in the Eastern Harbour City, Central River City, Western Parkland City or Central Coast City—the land is within an accessible area, or\n> > \n> > > (b) otherwise—all or part of the boarding house is within 800m walking distance of land in Zone E1 Local Centre, Zone MU1 Mixed Use, Zone B1 Neighbourhood Centre, Zone B2 Local Centre or Zone B4 Mixed Use, or an equivalent land use zone.\n> \n> **s 28:** Am 2022 (727), Sch 2\\[3\\]; 2023 (664), Sch 1\\[10\\] \\[11\\] \\[17\\].","sortOrder":37},{"sectionNumber":"29","sectionType":"section","heading":"Boarding houses permitted without development consent","content":"#### 29 Boarding houses permitted without development consent\n\n29 Boarding houses permitted without development consent\n\n> > (1) Development to which this Division applies may be carried out by or on behalf of a relevant authority without development consent if—\n> > \n> > > (a) the development complies with the development standards specified in sections 24(2) and 25(1), and\n> > \n> > > (b) the relevant authority considers the matters set out in section 25 (2), and\n> > \n> > > (c) the development will not result in a building with a height of more than 9m, and\n> > \n> > > (d) for development on land in Zone R2 Low Density Residential or an equivalent land use zone—the boarding house will not have more than 12 boarding rooms.\n> \n> > (2) [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), sections 2.15 and 2.17 apply to the development and, in the application of the sections—\n> > \n> > > (a) a reference in section 2.15 to “this Chapter” is taken to be a reference to this section, and\n> > \n> > > (b) a reference in the sections to a public authority is taken to be a reference to the relevant authority.\n> \n> **s 29:** Am 2022 (349), Sch 1\\[8\\]–\\[10\\].","sortOrder":38},{"sectionNumber":"30","sectionType":"section","heading":"Notification before carrying out development","content":"#### 30 Notification before carrying out development\n\n30 Notification before carrying out development\n\n> > (1) Before carrying out development to which this division applies, the relevant authority must do the following—\n> > \n> > > (a) request that the council nominate persons who must, in the council’s opinion, be notified of the development,\n> > \n> > > (b) give written notice of the intention to carry out the development to—\n> > > \n> > > > (i) the council, and\n> > > \n> > > > (ii) any persons nominated by the council under paragraph (a), and\n> > > \n> > > > (iii) the occupiers of adjoining land,\n> > \n> > > (c) take into account the responses to the notice that are received within 21 days after the notice is given.\n> \n> > (2) In this section, a reference to the council is a reference to the council for the land on which the development is proposed to be carried out.\n> \n> **s 30:** Am 2022 (349), Sch 1\\[11\\]–\\[13\\]; 2023 (120), Sch 4\\[1\\]. Subst 2023 (664), Sch 1\\[18\\].","sortOrder":39},{"sectionNumber":"30A","sectionType":"section","heading":"Landcom must notify Secretary of Department of Communities and Justice","content":"#### 30A Landcom must notify Secretary of Department of Communities and Justice\n\n30A Landcom must notify Secretary of Department of Communities and Justice\n\n> Before carrying out development to which this division applies, Landcom must—\n> \n> > (a) give written notice of the intention to carry out the development to the Secretary of the Department of Communities and Justice, including the measures proposed to ensure the boarding house will be—\n> > \n> > > (i) used for affordable housing, and\n> > \n> > > (ii) managed by a registered community housing provider, and\n> \n> > (b) take into account the responses to the notice that are received within 21 days after the notice is given.\n> \n> **s 30A:** Ins 2023 (664), Sch 1\\[18\\].","sortOrder":40},{"sectionNumber":"30B","sectionType":"section","heading":"Considerations before carrying out development","content":"#### 30B Considerations before carrying out development\n\n30B Considerations before carrying out development\n\n> > (1) Before carrying out development under this division, the Aboriginal Housing Office must consider the AHO Design Guidelines NSW, published by the Aboriginal Housing Office in January 2020.\n> \n> > (2) Before carrying out development under this division, the Land and Housing Corporation must consider—\n> > \n> > > (a) Good Design for Social Housing, published by the Land and Housing Corporation, in partnership with the Government Architect NSW, in September 2020, and\n> > \n> > > (b) the NSW Land and Housing Corporation Design Requirements, published by the Land and Housing Corporation in February 2023.\n> \n> > (3) Before carrying out development under this division, Landcom must consider the Landcom Affordable Housing Design Guideline, published by Landcom, in partnership with the Government Architect NSW, in November 2023.\n> \n> **s 30B:** Ins 2023 (664), Sch 1\\[18\\].","sortOrder":41},{"sectionNumber":"31","sectionType":"section","heading":"Exempt development","content":"#### 31 Exempt development\n\n31 Exempt development\n\n> Development for the purposes of landscaping and gardening is exempt development if it is carried out by or on behalf of a relevant authority in relation to a boarding house.\n> \n> **s 31:** Am 2022 (349), Sch 1\\[14\\].","sortOrder":42},{"sectionNumber":"32","sectionType":"section","heading":"Subdivision of boarding houses not permitted","content":"#### 32 Subdivision of boarding houses not permitted\n\n32 Subdivision of boarding houses not permitted\n\n> Development consent must not be granted for the subdivision of a boarding house.","sortOrder":43},{"sectionNumber":"Division 4","sectionType":"division","heading":"Supportive accommodation","content":"## Division 4 Supportive accommodation\n\nDivision 4 Supportive accommodation","sortOrder":44},{"sectionNumber":"33","sectionType":"section","heading":"Land to which Division applies","content":"#### 33 Land to which Division applies\n\n33 Land to which Division applies\n\n> This Division applies to land on which—\n> \n> > (a) development for the purposes of boarding houses is permissible under another environmental planning instrument, or\n> \n> > (b) development for the purposes of residential flat buildings is permissible under Chapter 5, Chapter 6 or another environmental planning instrument.\n> \n> **s 33:** Am 2024 (135), Sch 1\\[4\\]; 2025 (291), Sch 1\\[2\\].","sortOrder":45},{"sectionNumber":"34","sectionType":"section","heading":"Development to which Division applies","content":"#### 34 Development to which Division applies\n\n34 Development to which Division applies\n\n> > (1) This Division applies to development for the purposes of supportive accommodation on land to which this Division applies.\n> \n> > (2) In this section—\n> > \n> > supportive accommodation means the use of an existing residential flat building or boarding house—\n> > \n> > > (a) to provide accommodation, in a separate dwelling or boarding room, for a person who needs supervision and support services on-site, and\n> > > \n> > > Example—\n> > > \n> > > A former homeless person.\n> > \n> > > (b) to provide the supervision and support services, including the following—\n> > > \n> > > > (i) medical services,\n> > > \n> > > > (ii) counselling services,\n> > > \n> > > > (iii) education and training services,\n> > > \n> > > > (iv) administrative services.\n> \n> **s 34:** Am 2024 (652), Sch 1\\[1\\].","sortOrder":46},{"sectionNumber":"35","sectionType":"section","heading":"Development may be carried out without consent","content":"#### 35 Development may be carried out without consent\n\n35 Development may be carried out without consent\n\n> Development to which this Division applies is permitted without consent if the development does not involve the erection or alteration of, or an addition to, a building.","sortOrder":47},{"sectionNumber":"Division 5","sectionType":"division","heading":"Residential flat buildings—social housing providers, public authorities and joint ventures","content":"## Division 5 Residential flat buildings—social housing providers, public authorities and joint ventures\n\nDivision 5 Residential flat buildings—social housing providers, public authorities and joint ventures","sortOrder":48},{"sectionNumber":"36","sectionType":"section","heading":"Land to which Division applies","content":"#### 36 Land to which Division applies\n\n36 Land to which Division applies\n\n> > (1) This Division applies to the following land—\n> > \n> > > (a) land in the Eastern Harbour City, Central River City, Western Parkland City or Central Coast City within 800m of—\n> > > \n> > > > (i) a public entrance to a railway station or light rail station, or\n> > > \n> > > > (ii) for a light rail station with no entrance—a platform of the light rail station,\n> > \n> > > (b) land in the following towns within 400m of land in Zone E2 Commercial Centre, Zone MU1 Mixed Use, Zone B3 Commercial Core or Zone B4 Mixed Use, or an equivalent land use zone—\n> > > \n> > > > Albury, Ballina, Batemans Bay, Bathurst, Bega, Bowral, Cessnock, Charlestown, Coffs Harbour, Dapto, Dubbo, Glendale–Cardiff, Gosford, Goulburn, Grafton, Lismore, Maitland, Morisset, Newcastle, Nowra, Orange, Port Macquarie, Queanbeyan, Raymond Terrace, Shellharbour, Tamworth, Taree, Tuggerah–Wyong, Tweed Heads, Wagga Wagga, Warrawong, Wollongong.\n> \n> > (2) This Division does not apply to land on which development for the purposes of residential flat buildings is permitted under another environmental planning instrument.\n> \n> **s 36:** Am 2022 (727), Sch 2\\[4\\]; 2023 (664), Sch 1\\[19\\].","sortOrder":49},{"sectionNumber":"37","sectionType":"section","heading":"Development to which Division applies","content":"#### 37 Development to which Division applies\n\n37 Development to which Division applies\n\n> > (1) This Division applies to development for the purposes of residential flat buildings carried out on land to which this Division applies—\n> > \n> > > (a) by or on behalf of a public authority or social housing provider, or\n> > \n> > > (b) by a person who is carrying out the development with a relevant authority.\n> \n> > (2) This Division does not apply to—\n> > \n> > > (a) development to which this Part, Division 1 applies, or\n> > \n> > > (b) development to which Chapter 3, Part 4 applies.\n> \n> **s 37:** Am 2022 (349), Sch 1\\[3\\].","sortOrder":50},{"sectionNumber":"38","sectionType":"section","heading":"Development may be carried out with consent","content":"#### 38 Development may be carried out with consent\n\n38 Development may be carried out with consent\n\n> > (1) Development to which this Division applies may be carried out with consent.\n> \n> > (2) Development consent must not be granted under this Division unless the consent authority is satisfied that—\n> > \n> > > (a) the Planning Secretary has certified in a site compatibility certificate that, in the Planning Secretary’s opinion, the residential flat building is compatible with the surrounding land uses, and\n> > \n> > > (b) if the development relates to a building on land in a business zone—no part of the ground floor of the building that fronts a street will be used for residential purposes unless another environmental planning instrument permits the use.\n> \n> > (3) Nothing in this section prevents a consent authority from—\n> > \n> > > (a) consenting to development on a site by reference to site and design features that are more stringent than the ones identified in a site compatibility certificate for the same site, or\n> > \n> > > (b) refusing consent to development by reference to the consent authority’s own assessment of the compatibility of the residential flat building with the surrounding land uses, or\n> > \n> > > (c) considering another matter in determining a development application.\n> \n> > (4) Car parking is not required to be provided in relation to development to which this Division applies other than in relation to the tenanted component of a residential flat building used as build-to-rent housing.\n> > \n> > Note—\n> > \n> > Section 74(2)(d) and (e) contain non-discretionary development standards for car parking in relation to development for the purposes of build-to-rent housing.\n> \n> **s 38:** Am 2022 (99), Sch 1\\[2\\] \\[3\\].","sortOrder":51},{"sectionNumber":"39","sectionType":"section","heading":"Site compatibility certificates","content":"#### 39 Site compatibility certificates\n\n39 Site compatibility certificates\n\n> > (1) An application for a site compatibility certificate under this Division may be made to the Planning Secretary—\n> > \n> > > (a) by the owner of the land on which the development is proposed to be carried out, or\n> > \n> > > (b) by another person with the consent of the owner of the land.\n> \n> > (2) An application—\n> > \n> > > (a) must be in a written form approved by the Planning Secretary, and\n> > \n> > > (b) must be accompanied by the documents and information required by the Planning Secretary, and\n> > \n> > > (c) must be accompanied by the fee, if any, prescribed by the regulations.\n> \n> > (3) The Planning Secretary may request further documents and information to be furnished in connection with an application.\n> \n> > (4) Within 7 days after the application is made, the Planning Secretary must provide a copy of the application to the council for the area in which the development is proposed to be carried out, unless the Planning Secretary refuses, before the 7 days have elapsed, to issue a certificate.\n> \n> > (5) The Planning Secretary may determine the application by issuing a certificate or refusing to do so.\n> \n> > (6) The Planning Secretary must not issue a certificate unless the Planning Secretary—\n> > \n> > > (a) has taken into account comments, if any, received from the council within 14 days after the application for the certificate was made, and\n> > \n> > > (b) is of the opinion that the residential flat building is compatible with the surrounding land uses considering the following matters—\n> > > \n> > > > (i) the existing uses and approved uses of land in the area,\n> > > \n> > > > (ii) the impact that the residential flat building, including its bulk and scale, is likely to have on the existing uses, approved uses and uses that, in the opinion of the Planning Secretary, are likely to be the preferred future uses of the land,\n> > > \n> > > > (iii) the services and infrastructure that are or will be available to meet the demands arising from the development, and\n> > \n> > > (c) is of the opinion that the development is not likely to have an adverse effect on the environment and will not cause unacceptable environmental risks to the land.\n> \n> > (7) A certificate may certify that development is compatible with the surrounding land uses only if it satisfies certain requirements specified in the certificate.\n> \n> > (8) A certificate continues to apply to the land in relation to which it was issued despite a change in the ownership of the land.\n> \n> > (9) A certificate is valid for—\n> > \n> > > (a) 5 years, or\n> > \n> > > (b) otherwise—the period specified in the certificate.\n> \n> > (10) If a certificate is valid at the time a development application is made, the certificate remains valid for the purposes of the development application until the development application is finally determined.\n> \n> **s 39:** Am 2022 (99), Sch 1\\[4\\].","sortOrder":52},{"sectionNumber":"40","sectionType":"section","heading":"Must be used for affordable housing for at least 15 years","content":"#### 40 Must be used for affordable housing for at least 15 years\n\n40 Must be used for affordable housing for at least 15 years\n\n> > (1) Development consent must not be granted under this Division unless the consent authority is satisfied that, for at least 15 years from the date of the issue of an occupation certificate—\n> > \n> > > (a) at least 50% of the dwellings to which the development relates will be used for affordable housing, and\n> > \n> > > (b) the dwellings used for affordable housing will be managed by a registered community housing provider.\n> \n> > (2) Subsection (1) does not apply to development carried out by or on behalf of the Aboriginal Housing Office or the Land and Housing Corporation.\n> \n> **s 40:** Am 2022 (349), Sch 1\\[3\\]; 2023 (664), Sch 1\\[20\\].","sortOrder":53},{"sectionNumber":"41","sectionType":"section","heading":null,"content":"#### 41\n\n41 (Repealed)","sortOrder":54},{"sectionNumber":"Division 6","sectionType":"division","heading":"Residential development—relevant authorities","content":"## Division 6 Residential development—relevant authorities\n\nDivision 6 Residential development—relevant authorities\n\n**ch 2, pt 2, div 6:** Subst 2023 (664), Sch 1\\[22\\].\n\n**ch 2, pt 2, div 6, hdg:** Am 2022 (349), Sch 1\\[15\\]. Subst 2023 (664), Sch 1\\[22\\].","sortOrder":56},{"sectionNumber":"42","sectionType":"section","heading":"Development to which division applies","content":"#### 42 Development to which division applies\n\n42 Development to which division applies\n\n> > (1) This division applies to residential development if—\n> > \n> > > (a) the development—\n> > > \n> > > > (i) is permitted with development consent on the land under Chapter 5, Chapter 6 or another environmental planning instrument, or\n> > > \n> > > > (ii) will be carried out—\n> > > > \n> > > > > (A) by the Land and Housing Corporation or the Aboriginal Housing Office, and\n> > > > \n> > > > > (B) on land within an accessible area and within the Six Cities Region, and\n> > > > \n> > > > > (C) in a relevant residential zone, within the meaning of Chapter 5, and\n> > \n> > > (b) all buildings will have a height not exceeding the greater of—\n> > > \n> > > > (i) 11m, or\n> > > \n> > > > (ii) the maximum permissible building height for the development on the land, and\n> > \n> > > (c) all buildings will have a floor space ratio not exceeding the greater of—\n> > > \n> > > > (i) 0.65:1, or\n> > > \n> > > > (ii) the maximum permissible floor space ratio for the development on the land, and\n> > \n> > > (d) the development will not result in more than 75 dwellings on a single site, and\n> > \n> > > (e) for development on land in an accessible area—the development will result in the following number of parking spaces—\n> > > \n> > > > (i) for each dwelling containing 1 bedroom—at least 0.4 parking spaces,\n> > > \n> > > > (ii) for each dwelling containing 2 bedrooms—at least 0.5 parking spaces,\n> > > \n> > > > (iii) for each dwelling containing at least 3 bedrooms—at least 1 parking space, and\n> > \n> > > (f) for development on land that is not in an accessible area—the development will result in the following number of parking spaces—\n> > > \n> > > > (i) for each dwelling containing 1 bedroom—at least 0.5 parking spaces,\n> > > \n> > > > (ii) for each dwelling containing 2 bedrooms—at least 1 parking space,\n> > > \n> > > > (iii) for each dwelling containing at least 3 bedrooms—at least 1.5 parking spaces.\n> \n> > (2) This division also applies to the following development if the development is permitted on the land under another environmental planning instrument—\n> > \n> > > (a) the demolition of buildings and associated structures if the building or structure is on land that—\n> > > \n> > > > (i) is non-heritage land, and\n> > > \n> > > > (ii) is not identified in an environmental planning instrument as being in a heritage conservation area,\n> > \n> > > (b) the subdivision of land and subdivision works.\n> \n> > (3) This division does not apply to—\n> > \n> > > (a) development to which Chapter 2, Part 2, Division 5 applies, or\n> > \n> > > (b) development that is part of a project, or part of a stage of a project, that the Minister determined under the Act, former section 75P to be subject to the Act, Part 4.\n> \n> > (4) [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), sections 2.15 and 2.17 apply to the development and, in the application of the sections—\n> > \n> > > (a) a reference in section 2.15 to “this Chapter” is taken to be a reference to this section, and\n> > \n> > > (b) a reference in the sections to a public authority is taken to be a reference to the relevant authority.\n> \n> > (5) In this section—\n> > \n> > former section 75P means the Act, section 75P, as in force immediately before its repeal by the [Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011](/view/html/repealed/current/act-2011-022).\n> > \n> > non-heritage land means land that—\n> > \n> > > (a) does not contain a heritage item, and\n> > \n> > > (b) is not the subject of an interim heritage order under the [Heritage Act 1977](/view/html/inforce/current/act-1977-136), and\n> > \n> > > (c) is not listed on the State Heritage Register under the [Heritage Act 1977](/view/html/inforce/current/act-1977-136).\n> \n> **s 42:** Am 2022 (349), Sch 1\\[16\\] \\[17\\]. Subst 2023 (664), Sch 1\\[22\\]. Am 2024 (135), Sch 1\\[5\\]; 2025 (42), Sch 1; 2025 (105), Sch 1\\[1\\]; 2025 (512), Sch 1\\[2\\].","sortOrder":57},{"sectionNumber":"43","sectionType":"section","heading":"Development permitted without consent","content":"#### 43 Development permitted without consent\n\n43 Development permitted without consent\n\n> > (1) Development specified in section 42(1) may be carried out without consent if the development is carried out by or on behalf of—\n> > \n> > > (a) Landcom, if all dwellings resulting from the residential development are used for affordable housing, or\n> > \n> > > (b) another relevant authority.\n> \n> > (2) Development specified in section 42(2) may be carried out without consent if the development is carried out by or on behalf of a relevant authority other than Landcom.\n> \n> **s 43:** Am 2022 (349), Sch 1\\[18\\] \\[19\\]; 2023 (120), Sch 4\\[2\\]. Subst 2023 (664), Sch 1\\[22; 2024 (334), Sch 1\\[2\\].","sortOrder":58},{"sectionNumber":"43A","sectionType":"section","heading":"Notification before carrying out development","content":"#### 43A Notification before carrying out development\n\n43A Notification before carrying out development\n\n> > (1) Before carrying out development to which this division applies, the relevant authority must do the following—\n> > \n> > > (a) request that the council nominate persons who must, in the council’s opinion, be notified of the development,\n> > \n> > > (b) give written notice of the intention to carry out the development to—\n> > > \n> > > > (i) the council, and\n> > > \n> > > > (ii) any persons nominated by the council under paragraph (a), and\n> > > \n> > > > (iii) the occupiers of adjoining land,\n> > \n> > > (c) take into account the responses to the notice that are received within 21 days after the notice is given.\n> \n> > (2) In this section, a reference to the council is a reference to the council for the land on which the development is proposed to be carried out.\n> \n> **s 43A:** Ins 2023 (664), Sch 1\\[22\\].","sortOrder":59},{"sectionNumber":"43B","sectionType":"section","heading":"Landcom must notify Secretary of Department of Communities and Justice","content":"#### 43B Landcom must notify Secretary of Department of Communities and Justice\n\n43B Landcom must notify Secretary of Department of Communities and Justice\n\n> Before carrying out development to which this division applies, Landcom must—\n> \n> > (a) give written notice of the intention to carry out the development to the Secretary of the Department of Communities and Justice, including the measures proposed to ensure the dwellings resulting from the residential development will be—\n> > \n> > > (i) used for affordable housing, and\n> > \n> > > (ii) managed by a registered community housing provider, and\n> \n> > (b) take into account the responses to the notice that are received within 21 days after the notice is given.\n> \n> **s 43B:** Ins 2023 (664), Sch 1\\[22\\].","sortOrder":60},{"sectionNumber":"43C","sectionType":"section","heading":"Consideration of design of residential apartment development","content":"#### 43C Consideration of design of residential apartment development\n\n43C Consideration of design of residential apartment development\n\n> Before carrying out residential apartment development to which this division applies, the relevant authority must consider the following—\n> \n> > (a) the quality of the design of the development, evaluated in accordance with the design principles for residential apartment development set out in Schedule 9,\n> \n> > (b) the Apartment Design Guide.\n> \n> **s 43C:** Ins 2023 (664), Sch 1\\[22\\].","sortOrder":61},{"sectionNumber":"44","sectionType":"section","heading":"Considerations before carrying out development","content":"#### 44 Considerations before carrying out development\n\n44 Considerations before carrying out development\n\n> > (1) Before carrying out development to which this division applies, the Aboriginal Housing Office must consider the AHO Design Guidelines NSW, published by the Aboriginal Housing Office in January 2020.\n> \n> > (2) Before carrying out development to which this division applies, the Land and Housing Corporation must consider—\n> > \n> > > (a) Good Design for Social Housing, published by the Land and Housing Corporation, in partnership with the Government Architect NSW, in September 2020, and\n> > \n> > > (b) the NSW Land and Housing Corporation Design Requirements, published by the Land and Housing Corporation in February 2023.\n> \n> > (3) Before carrying out development to which this division applies, Landcom must consider the Landcom Affordable Housing Design Guideline, published by Landcom, in partnership with the Government Architect NSW, in November 2023.\n> \n> **s 44:** Am 2022 (349), Sch 1\\[16\\] \\[20\\]. Subst 2023 (664), Sch 1\\[22\\].","sortOrder":62},{"sectionNumber":"44A","sectionType":"section","heading":"Exempt development","content":"#### 44A Exempt development\n\n44A Exempt development\n\n> > (1) Development for the purposes of landscaping and gardening carried out by or on behalf of the Aboriginal Housing Office or the Land and Housing Corporation in relation to residential development to which this division applies is exempt development.\n> \n> > (2) Development for the purposes of repairs and maintenance work and non-structural renovations and building alterations carried out by or on behalf of the Aboriginal Housing Office or the Land and Housing Corporation in relation to housing is exempt development.\n> \n> > (3) Subsection (2) does not apply to development involving the use of external combustible cladding within the meaning of the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689).\n> \n> **s 44A:** Ins 2023 (664), Sch 1\\[22\\].","sortOrder":63},{"sectionNumber":"Part 3","sectionType":"part","heading":"Retention of existing affordable rental housing","content":"# Part 3 Retention of existing affordable rental housing\n\nPart 3 Retention of existing affordable rental housing\n\nNote—\n\nDevelopment that would otherwise be complying development cannot be carried out in relation to low-rental dwellings or low-rental residential buildings.","sortOrder":64},{"sectionNumber":"45","sectionType":"section","heading":"Definitions","content":"#### 45 Definitions\n\n45 Definitions\n\n> In this Part—\n> \n> comparable accommodation means accommodation comparable with accommodation provided within an existing low-rental residential building the subject of a development application to which this Part applies (Part 3 accommodation) because—\n> \n> > (a) it is in the same or a neighbouring suburb, and\n> \n> > (b) it is let at the same rental level as, or not more than 5% higher than the rental level of, the Part 3 accommodation, and\n> \n> > (c) it is available for occupation on the day the development application is lodged, and\n> \n> > (d) for residential flat buildings—it comprises dwellings with the same number of bedrooms as the dwellings in the Part 3 accommodation.\n> \n> low-rental dwelling means a dwelling that was let at a rental level no greater than the median rental level during the relevant period in relation to a dwelling—\n> \n> > (a) of the same type, and\n> \n> > (b) with the same number of bedrooms, and\n> \n> > (c) in the same local government area.\n> \n> low-rental residential building means a building used, during the relevant period, as a residential flat building containing a low-rental dwelling or as a boarding house, and includes a building that—\n> \n> > (a) is lawfully used as a residential flat building containing a low-rental dwelling or as a boarding house, irrespective of the purpose for which the building may have been erected, or\n> \n> > (b) was used as a residential flat building containing a low-rental dwelling or as a boarding house, but the use has been changed unlawfully to another use, or\n> \n> > (c) is vacant, but the last significant use of which was as a residential flat building containing a low-rental dwelling or as a boarding house.\n> \n> median rental level, for a relevant period, means the average of all the median rental levels specified for the relevant period in the Rent and Sales Report.\n> \n> relevant period means the period commencing 5 years before the day on which the development application involving the building is lodged and ending on that day.\n> \n> Rent and Sales Report means the report comprised of rent tables and sales tables published by the Department of Communities and Justice in March, June, September and December each year.\n> \n> **s 45:** Am 2022 No 26, Sch 2.30; 2023 (664), Sch 1\\[23\\]–\\[27\\].","sortOrder":65},{"sectionNumber":"46","sectionType":"section","heading":"Buildings to which Part applies","content":"#### 46 Buildings to which Part applies\n\n46 Buildings to which Part applies\n\n> > (1) This Part applies to a low-rental residential building on land within the following areas—\n> > \n> > > (a) the Eastern Harbour City,\n> > \n> > > (b) the Central River City,\n> > \n> > > (c) the Western Parkland City,\n> > \n> > > (d) the Central Coast City,\n> > \n> > > (e) the City of Newcastle local government area,\n> > \n> > > (f) the City of Wollongong local government area.\n> \n> > (2) This Part does not apply to a building—\n> > \n> > > (a) approved for subdivision under the [Strata Schemes Development Act 2015](/view/html/inforce/current/act-2015-051), or\n> > \n> > > (b) for which development consent has been granted under Chapter 3, Part 5, or\n> > \n> > > (c) owned by, or under the care, control and management of, a social housing provider.\n> \n> **s 46:** Am 2023 (664), Sch 1\\[28\\].","sortOrder":66},{"sectionNumber":"47","sectionType":"section","heading":"Reduction of availability of affordable housing","content":"#### 47 Reduction of availability of affordable housing\n\n47 Reduction of availability of affordable housing\n\n> > (1) Development for the following purposes, in relation to a building to which this Part applies, is permitted with development consent—\n> > \n> > > (a) demolishing the building,\n> > \n> > > (b) altering or adding to the structure or fabric of the inside or outside of the building,\n> > \n> > > (c) changing the use of the building to another use,\n> > \n> > > (d) if the building is a residential flat building—strata subdivision of the building.\n> \n> > (2) In determining whether to grant development consent, the consent authority must take into account the Guidelines for the Retention of Existing Affordable Rental Housing, published by the Department in October 2009 and the following—\n> > \n> > > (a) whether the development will reduce the amount of affordable housing in the area,\n> > \n> > > (b) whether there is available sufficient comparable accommodation to satisfy the demand for the accommodation,\n> > \n> > > (c) whether the development is likely to result in adverse social and economic effects on the general community,\n> > \n> > > (d) whether adequate arrangements have been made to assist the residents who are likely to be displaced to find comparable accommodation,\n> > \n> > > (e) the extent to which the development will contribute to a cumulative loss of affordable housing in the local government area,\n> > \n> > > (f) whether the building is structurally sound, including—\n> > > \n> > > > (i) the extent to which the building complies with relevant fire safety requirements, and\n> > > \n> > > > (ii) the estimated cost of carrying out work necessary to ensure the building is structurally sound and complies with relevant fire safety requirements,\n> > \n> > > (g) whether the imposition of an affordable housing condition requiring the payment of a monetary contribution would adequately mitigate the reduction of affordable housing resulting from the development,\n> > \n> > > (h) for a boarding house—the financial viability of the continued use of the boarding house.\n> \n> > (3) Sufficient comparable accommodation is conclusively taken not to be available if, for the 3 months occurring immediately before the development application is lodged, the average vacancy rate in private rental accommodation for Sydney, as published monthly by the Real Estate Institute of New South Wales, is less than 3%.\n> \n> > (4) The continued use of a boarding house is financially viable if the rental yield of the boarding house, as determined under section 48(4), is at least 6%.\n> \n> **s 47:** Am 2023 (664), Sch 1\\[29\\].","sortOrder":67},{"sectionNumber":"48","sectionType":"section","heading":"Contributions for affordable housing—the Act, s 7.32","content":"#### 48 Contributions for affordable housing—the Act, s 7.32\n\n48 Contributions for affordable housing—the Act, s 7.32\n\n> > (1) The following requirements are prescribed for the imposition of conditions on a development consent granted under this Part—\n> > \n> > > (a) the consent authority must be satisfied the development will, or is likely to, reduce the availability of affordable housing in the area,\n> > \n> > > (b) if the condition requires the payment of a contribution—the contribution must be determined in accordance with this section.\n> \n> > (2) The amount of the contribution must be calculated in accordance with the following formula—\n> > \n> > ![](/image/((Type%3D%22epi%22)%20AND%20(No%3D0714)%20AND%20(Year%3D2021)%20AND%20(%22Historical%20Document%22%3D0))/g1.gif)  \n> > where—\n> > \n> > C is the contribution payable.\n> > \n> > L is the total number of bedrooms in a low-rental dwelling and boarding rooms that will be lost by the proposed development.\n> > \n> > R is the replacement cost calculated as the average value of the first quartile of sales of strata properties in the local government area in which the development is to take place, as specified in the 4 most recent editions of the Rent and Sales Report.\n> \n> > (3) For development involving a boarding house that the consent authority has assessed as not being financially viable—\n> > \n> > > (a) if the rental yield is 3% or less—no contribution may be sought, and\n> > \n> > > (b) if the rental yield is more than 3% and less than 6%—the contribution payable must be reduced by being calculated in accordance with the following formula—\n> > > \n> > > ![](/image/((Type%3D%22epi%22)%20AND%20(No%3D0714)%20AND%20(Year%3D2021)%20AND%20(%22Historical%20Document%22%3D0))/g2.gif)  \n> > > where—\n> > > \n> > > C is the contribution payable.\n> > > \n> > > X is the contribution that would be payable under subsection (2).\n> > > \n> > > RY is the rental yield.\n> \n> > (4) In this section—\n> > \n> > rental yield means the rental yield for a period, expressed as a percentage, determined by the consent authority in accordance with the following formula and taking into account the Guidelines for the Retention of Existing Affordable Rental Housing, published by the Department in October 2009—\n> > \n> > ![](/image/((Type%3D%22epi%22)%20AND%20(No%3D0714)%20AND%20(Year%3D2021)%20AND%20(%22Historical%20Document%22%3D0))/g3.gif)  \n> > where—\n> > \n> > RY is the rental yield.\n> > \n> > Y is the gross rental income from the boarding house for the period.\n> > \n> > E is the total expenses for the boarding house, excluding expenses that have been charged to residents, for the period.\n> > \n> > D is the capital depreciation of the boarding house for the period.\n> > \n> > V is the total value of the boarding house were it to be purchased for the purposes of continuing its use as a boarding house.\n> > \n> > U is the estimated cost of carrying out work referred to in section 47(2)(f)(ii).\n> \n> **s 48:** Am 2023 (664), Sch 1\\[29\\].","sortOrder":68},{"sectionNumber":"49","sectionType":"section","heading":"Definitions","content":"#### 49 Definitions\n\n49 Definitions\n\n> In this Part—\n> \n> development for the purposes of a secondary dwelling includes the following—\n> \n> > (a) the erection of, or alterations or additions to—\n> > \n> > > (i) a secondary dwelling, or\n> > \n> > > (ii) an ancillary structure within the meaning of Schedule 1,\n> \n> > (b) alterations or additions to a principal dwelling for the purposes of a secondary dwelling.\n> \n> residential zone means the following land use zones or an equivalent land use zone—\n> \n> > (a) Zone R1 General Residential,\n> \n> > (b) Zone R2 Low Density Residential,\n> \n> > (c) Zone R3 Medium Density Residential,\n> \n> > (d) Zone R4 High Density Residential,\n> \n> > (e) Zone R5 Large Lot Residential.\n> \n> **s 49:** Am 2022 (99), Sch 1\\[5\\] \\[6\\].","sortOrder":71},{"sectionNumber":"50","sectionType":"section","heading":"Application of Part","content":"#### 50 Application of Part\n\n50 Application of Part\n\n> This Part applies to development for the purposes of a secondary dwelling on land in a residential zone if development for the purposes of a dwelling house is permissible on the land under another environmental planning instrument.","sortOrder":72},{"sectionNumber":"51","sectionType":"section","heading":"No subdivision","content":"#### 51 No subdivision\n\n51 No subdivision\n\n> Development consent must not be granted for the subdivision of a lot on which development has been carried out under this Part.","sortOrder":73},{"sectionNumber":"52","sectionType":"section","heading":"Development may be carried out with consent","content":"#### 52 Development may be carried out with consent\n\n52 Development may be carried out with consent\n\n> > (1) Development to which this Part applies may be carried out with consent.\n> \n> > (2) Development consent must not be granted for development to which this Part applies unless—\n> > \n> > > (a) no dwellings, other than the principal dwelling and the secondary dwelling, will be located on the land, and\n> > \n> > > (b) the total floor area of the principal dwelling and the secondary dwelling is no more than the maximum floor area permitted for a dwelling house on the land under another environmental planning instrument, and\n> > \n> > > (c) the total floor area of the secondary dwelling is—\n> > > \n> > > > (i) no more than 60m2, or\n> > > \n> > > > (ii) if a greater floor area is permitted for a secondary dwelling on the land under another environmental planning instrument—the greater floor area.","sortOrder":75},{"sectionNumber":"53","sectionType":"section","heading":"Non-discretionary development standards—the Act, s 4.15","content":"#### 53 Non-discretionary development standards—the Act, s 4.15\n\n53 Non-discretionary development standards—the Act, s 4.15\n\n> > (1) The object of this section is to identify development standards for particular matters relating to development for the purposes of a secondary dwelling that, if complied with, prevent the consent authority from requiring more onerous standards for the matters.\n> > \n> > Note—\n> > \n> > See the Act, section 4.15(3), which does not prevent development consent being granted if a non-discretionary development standard is not complied with.\n> \n> > (2) The following are non-discretionary development standards in relation to the carrying out of development to which this Part applies—\n> > \n> > > (a) for a detached secondary dwelling—a minimum site area of 450m2,\n> > \n> > > (b) the number of parking spaces provided on the site is the same as the number of parking spaces provided on the site immediately before the development is carried out.\n> \n> **s 53:** Am 2023 (664), Sch 1\\[30\\].","sortOrder":76},{"sectionNumber":"54","sectionType":"section","heading":"Development for purposes of secondary dwellings that is complying development","content":"#### 54 Development for purposes of secondary dwellings that is complying development\n\n54 Development for purposes of secondary dwellings that is complying development\n\n> > (1) This Division applies to development for the purposes of a secondary dwelling that—\n> > \n> > > (a) is on land in a residential zone other than Zone R5 Large Lot Residential, and\n> > \n> > > (b) does not involve the erection of, or alterations or additions to, a basement, and\n> > \n> > > (c) does not involve the erection of, or alterations or additions to, a roof terrace on the topmost roof of a building.\n> \n> > (2) If development to which this Division applies relates to a secondary dwelling attached to or separate from the principal dwelling, the development is complying development if the development—\n> > \n> > > (a) meets the general requirements for complying development set out in the Codes SEPP, clauses 1.17A and 1.18(1) and (2), and\n> > \n> > > (b) is not on land referred to in the Codes SEPP, clause 1.19(1), and\n> > \n> > > (c) is on a lot with an area of at least 450m2, and\n> > \n> > > (d) meets the development standards set out in Schedule 1.\n> \n> > (3) If development to which this Division applies relates to a secondary dwelling located within the principal dwelling, the development is complying development if the development—\n> > \n> > > (a) meets the relevant provisions of the Building Code of Australia, and\n> > \n> > > (b) is not on land that is an environmentally sensitive area within the meaning of the Codes SEPP, and\n> > \n> > > (c) is not on land that comprises, or on which there is, a heritage item or a draft heritage item within the meaning of the Codes SEPP, and\n> > \n> > > (d) involves no external alterations to the principal dwelling other than the provision of an additional entrance, and\n> > \n> > > (e) will not result in a dwelling on the land, other than the principal dwelling and the secondary dwelling, and\n> > \n> > > (f) will not result in the floor area of the secondary dwelling being—\n> > > \n> > > > (i) more than 60m2, or\n> > > \n> > > > (ii) if a greater floor area is permitted for a secondary dwelling on the land under another environmental planning instrument—more than the greater floor area.","sortOrder":78},{"sectionNumber":"55","sectionType":"section","heading":"Development carried out for secondary dwellings and principal dwellings at same time","content":"#### 55 Development carried out for secondary dwellings and principal dwellings at same time\n\n55 Development carried out for secondary dwellings and principal dwellings at same time\n\n> > (1) Development for the purposes of a secondary dwelling and the erection of, or alterations or additions to, a principal dwelling may be carried out as a single complying development if—\n> > \n> > > (a) the development for the secondary dwelling will be carried out at the same time as the development for the principal dwelling, and\n> > \n> > > (b) the erection of the secondary dwelling is complying development under this Division, and\n> > \n> > > (c) the development for the purposes of the principal dwelling is complying development under the Codes SEPP.\n> \n> > (2) In determining whether development for the purposes of a principal dwelling is complying development, the principal dwelling is taken to be a building containing only 1 dwelling, whether or not the secondary dwelling is located within or attached to it.","sortOrder":79},{"sectionNumber":"56","sectionType":"section","heading":"Conditions","content":"#### 56 Conditions\n\n56 Conditions\n\n> > (1) A complying development certificate for complying development under this Division is subject to the conditions specified in the Codes SEPP, Schedule 6.\n> \n> > (2) A reference in the Codes SEPP, Schedule 6, clauses 6 and 11(1) to a dwelling house is taken to be a reference to a principal dwelling or a secondary dwelling.\n> \n> **s 56:** Am 2023 (664), Sch 1\\[2\\].","sortOrder":80},{"sectionNumber":"57","sectionType":"section","heading":"Development standards for bush fire prone land","content":"#### 57 Development standards for bush fire prone land\n\n57 Development standards for bush fire prone land\n\n> > (1) This section does not apply to the following development—\n> > \n> > > (a) development for the purposes of—\n> > > \n> > > > (i) landscaping, or\n> > > \n> > > > (ii) a non-combustible fence, or\n> > > \n> > > > (iii) a swimming pool, or\n> > > \n> > > > (iv) another ancillary structure if it is non-habitable and more than 6m from a dwelling,\n> > \n> > > (b) development carried out on land in—\n> > > \n> > > > (i) bush fire attack level-40 (BAL-40), or\n> > > \n> > > > (ii) the flame zone (BAL-FZ).\n> > > \n> > > Note—\n> > > \n> > > More information about the categories of bush fire attack, including the flame zone, is contained in Planning for Bush Fire Protection, Table A1.7.\n> \n> > (2) Complying development under this Division must not be carried out on a lot that contains bush fire prone land unless—\n> > \n> > > (a) the development conforms to the relevant specifications and requirements of Planning for Bush Fire Protection, and\n> > \n> > > (b) any associated access way is on land that is not—\n> > > \n> > > > (i) grasslands, or\n> > > \n> > > > (ii) in bush fire attack level-40 (BAL-40), or\n> > > \n> > > > (iii) the flame zone (BAL-FZ), and\n> > \n> > > (c) the lot has direct access to—\n> > > \n> > > > (i) a public road, or\n> > > \n> > > > (ii) a road vested in or maintained by the council, and\n> > \n> > > (d) the building or structure to which the development relates is within 200m of the road, and\n> > \n> > > (e) there is sufficient access designed in accordance with the acceptable solutions identified in Planning for Bush Fire Protection, Table 7.4a, and\n> > \n> > > (f) the lot has a water supply that is—\n> > > \n> > > > (i) reticulated, or\n> > > \n> > > > (ii) not reticulated but suitable for fire fighting, and\n> > \n> > > (g) reticulated or bottled gas on the lot is installed and maintained in accordance with AS/NZS 1596:2014, The storage and handling of LP Gas, including the use of metal piping, and\n> > \n> > > (h) fixed gas cylinders on the lot are located at least 10m from flammable materials and are enclosed on the hazard side of the installation, and\n> > \n> > > (i) gas cylinders on the lot that are within 10m of a dwelling—\n> > > \n> > > > (i) have the release valves directed away from the dwelling, and\n> > > \n> > > > (ii) have metal connections to and from the cylinders, and\n> > \n> > > (j) there are no polymer sheathed flexible gas supply lines to gas meters adjacent to a dwelling on the lot.\n> > \n> > Note—\n> > \n> > The requirements relating to the construction of buildings in bush fire prone areas set out in the Building Code of Australia also apply.\n> \n> > (3) A non-reticulated water supply to a lot is suitable for fire fighting if—\n> > \n> > > (a) the water supply has a 65mm metal Storz outlet with a gate or ball valve, and\n> > \n> > > (b) the gate or ball valve, pipes and tank penetrations are metal and designed to allow for a full 50mm inner diameter water flow through the Storz fitting, and\n> > \n> > > (c) the size of the non-reticulated water supply is—\n> > > \n> > > > (i) for a lot with an area up to 10,000m2—10,000L, and\n> > > \n> > > > (ii) for a lot with an area of more than 10,000m2—20,000L, and\n> \n> > (4) Land is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ) if—\n> > \n> > > (a) the council or a person recognised by the NSW Rural Fire Service as a suitably qualified consultant in bush fire risk assessment determines, in accordance with the methodology specified in Planning for Bush Fire Protection, the land is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ), or\n> > \n> > > (b) for development carried out on grasslands—the development conforms to the relevant specifications and requirements of Planning for Bush Fire Protection, Table 7.9a.\n> \n> > (5) In this section—\n> > \n> > bush fire attack level-40 (BAL-40) has the same meaning as in AS 3959:2018, Construction of buildings in bushfire-prone areas.\n> > \n> > flame zone (BAL-FZ) has the same meaning as in AS 3959:2018, Construction of buildings in bushfire-prone areas.\n> > \n> > grasslands has the same meaning as in Planning for Bush Fire Protection.\n> \n> **s 57:** Am 2023 (83), Sch 2.3\\[1\\]; 2023 (664), Sch 1\\[31\\].","sortOrder":81},{"sectionNumber":"58","sectionType":"section","heading":"Development standards for flood control lots","content":"#### 58 Development standards for flood control lots\n\n58 Development standards for flood control lots\n\n> > (1) Complying development under this Division must not be carried out on the following parts of a flood control lot, as certified by the council or a professional engineer who specialises in hydraulic engineering—\n> > \n> > > (a) a flood storage area,\n> > \n> > > (b) a floodway,\n> > \n> > > (c) a flow path,\n> > \n> > > (d) a high hazard area,\n> > \n> > > (e) a high risk area.\n> \n> > (2) Complying development carried out under this Division on a flood control lot must comply with the following development standards—\n> > \n> > > (a) if there is a minimum floor level adopted in a development control plan by the relevant council for the lot, the development must not cause a habitable room in the dwelling to have a floor level lower than the minimum floor level,\n> > \n> > > (b) if a part of the principal dwelling or secondary dwelling or an ancillary structure is erected at or below the flood planning level, it must be constructed of flood compatible material,\n> > \n> > > (c) the principal dwelling or secondary dwelling and ancillary structures, if any, must be able to withstand the forces exerted during a flood by water, debris and buoyancy up to—\n> > > \n> > > > (i) the flood planning level, or\n> > > \n> > > > (ii) if an on-site refuge is provided on the lot, the probable maximum flood level,\n> > \n> > > (d) the development must not result in increased flooding elsewhere in the floodplain,\n> > \n> > > (e) the lot must have pedestrian and vehicular access to a readily accessible refuge above the probable maximum flood level,\n> > \n> > > (f) vehicular access to the dwelling must not be inundated by water to a level of more than 0.3m during a 1:100 ARI flood event,\n> > \n> > > (g) the lot must not have any open car parking spaces or carports lower than the level of a 1:20 ARI flood event.\n> \n> > (3) The requirements in subsection (2)(c) and (d) are satisfied if a flood and risk impact assessment prepared by a professional engineer specialising in hydraulic engineering or civil engineering states the requirements are satisfied.\n> \n> > (4) Words used in this section have the same meanings as in the Flood Risk Management Manual.\n> \n> **s 58:** Am 2023 (609), Sch 2.18\\[1\\] \\[2\\].","sortOrder":82},{"sectionNumber":"59","sectionType":"section","heading":"Development standards for land near Siding Spring Observatory","content":"#### 59 Development standards for land near Siding Spring Observatory\n\n59 Development standards for land near Siding Spring Observatory\n\n> > (1) This section applies to complying development carried out under this Division on land in the following local government areas—\n> > \n> > > (a) Coonamble,\n> > \n> > > (b) Gilgandra,\n> > \n> > > (c) Warrumbungle Shire,\n> > \n> > > (d) Dubbo Regional.\n> \n> > (2) Development to which this section applies must not be carried out unless the development will not result in—\n> > \n> > > (a) a secondary dwelling with an outside light fitting, other than a shielded light fitting, or\n> > \n> > > (b) for land in the local government areas of Coonamble, Gilgandra or Warrumbungle Shire—a secondary dwelling with more than—\n> > > \n> > > > (i) 7 shielded outside light fittings, or\n> > > \n> > > > (ii) 5 shielded outside light fittings that are not automatic light fittings.\n> \n> > (3) Words used in this section have the same meanings as in the Standard Instrument, clause 5.14.\n> \n> **s 59:** Am 2023 (79), Sch 2\\[1\\].","sortOrder":83},{"sectionNumber":"60","sectionType":"section","heading":"Definitions","content":"#### 60 Definitions\n\n60 Definitions\n\n> In this Part—\n> \n> prescribed zone means the following—\n> \n> > (a) the following land use zones or an equivalent land use zone—\n> > \n> > > (i) Zone R1 General Residential,\n> > \n> > > (ii) Zone R2 Low Density Residential,\n> > \n> > > (iii) Zone R3 Medium Density Residential,\n> > \n> > > (iv) Zone R4 High Density Residential,\n> > \n> > > (iva) Zone MU1 Mixed Use,\n> > \n> > > (v) Zone B4 Mixed Use,\n> > \n> > > (vi) Zone SP1 Special Activities,\n> > \n> > > (vii) Zone SP2 Infrastructure,\n> \n> > (b) another zone in which development for the purposes of dwelling houses or multi dwelling housing may be carried out with or without consent under an environmental planning instrument.\n> \n> **s 60:** Am 2022 (727), Sch 2\\[5\\].","sortOrder":85},{"sectionNumber":"61","sectionType":"section","heading":"Development in prescribed zones","content":"#### 61 Development in prescribed zones\n\n61 Development in prescribed zones\n\n> > (1) Development for the purposes of a permanent group home or a transitional group home on land in a prescribed zone may be carried out—\n> > \n> > > (a) without consent if the development—\n> > > \n> > > > (i) does not result in more than 10 bedrooms on a site, and\n> > > \n> > > > (ii) is carried out by or on behalf of a public authority, or\n> > \n> > > (b) otherwise—with consent.\n> \n> > (2) [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Part 2.2, Division 1 applies to development carried out by or on behalf of a public authority under subsection (1)(a) and, in the application of the Division, a reference in the Division to “this Chapter” is taken to be a reference to this section.\n> \n> **s 61:** Am 2022 (349), Sch 1\\[21\\]; 2025 (512), Sch 1\\[3\\].","sortOrder":86},{"sectionNumber":"62","sectionType":"section","heading":null,"content":"#### 62\n\n62 (Repealed)","sortOrder":87},{"sectionNumber":"63","sectionType":"section","heading":"Exempt development—existing group homes","content":"#### 63 Exempt development—existing group homes\n\n63 Exempt development—existing group homes\n\n> > (1) Development for a purpose specified in [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Schedule 1 that is carried out within the boundaries of an existing group home by or on behalf of a public authority is exempt development if the development—\n> > \n> > > (a) meets the development standards specified in the Schedule, as modified by subsection (2), and\n> > \n> > > (b) complies with the requirements of [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), section 2.20(2).\n> \n> > (2) The development standards for a carport associated with an existing building are modified as follows—\n> > \n> > > (a) the maximum surface area for a carport is 30m2,\n> > \n> > > (b) the maximum height for a carport is 3m above ground level (existing),\n> > \n> > > (c) a carport may be located up to 1m forward of a front building setback.\n> \n> **s 63:** Am 2022 (349), Sch 1\\[22\\] \\[23\\].","sortOrder":89},{"sectionNumber":"64","sectionType":"section","heading":"Complying development","content":"#### 64 Complying development\n\n64 Complying development\n\n> > (1) The following development is complying development—\n> > \n> > > (a) development for the purposes of a group home if the development—\n> > > \n> > > > (i) does not result in more than 10 bedrooms on a site, and\n> > > \n> > > > (ii) satisfies the requirements for complying development specified in the Codes SEPP, clauses 1.18 and 1.19, other than clauses 1.18(1)(h), 1.19(1)(b) and 1.19(5), and\n> > > \n> > > > (iii) is not in a draft heritage conservation area, and\n> > > \n> > > > (iv) meets the development standards set out in Schedule 2, or\n> > \n> > > (b) the change of use of a lawfully constructed class 1a building within the meaning of the Building Code of Australia to a group home if the development—\n> > > \n> > > > (i) does not involve any alterations or additions to a building, and\n> > > \n> > > > (ii) does not result in more than 10 bedrooms on a site, and\n> > > \n> > > > (iii) satisfies the requirements for complying development specified in the Codes SEPP, clause 1.18, other than clauses 1.18(1)(c3) and 1.18(1)(h), or\n> > \n> > > (c) the change of use of a lawfully constructed class 1a building to a group home if the development—\n> > > \n> > > > (i) does not result in more than 10 bedrooms on a site, and\n> > > \n> > > > (ii) satisfies the requirements for complying development specified in the Codes SEPP, clauses 1.18 and 1.19, other than clause 1.18(1)(h), and\n> > > \n> > > > (iii) meets the development standards set out in Schedule 2, or\n> > \n> > > (d) the change of use of a building being lawfully used as residential accommodation, other than a building used as rural worker’s dwellings, to a group home if the development—\n> > > \n> > > > (i) is carried out by or on behalf of a relevant authority, and\n> > > \n> > > > (ii) satisfies the requirements for complying development specified in the Codes SEPP, clause 1.18, other than clause 1.18(1)(h), and\n> > > \n> > > > (iii) does not involve the erection of a new building or an increase in the footprint of the building, and\n> > > \n> > > > (iv) does not involve any alteration or additions to the building other than the following—\n> > > > \n> > > > > (A) alterations and additions carried out under the Codes SEPP, Part 4,\n> > > > \n> > > > > (B) alterations and additions carried out under the Codes SEPP, Part 8.\n> \n> > (1A) The Codes SEPP, clause 1.17A(1)(d) does not apply to development carried out under subsection (1)(b).\n> \n> > (1B) The Codes SEPP, sections 4.2(a), 4.4(1)(a), 4.4B(1)(a) and 8.3(f)(i) do not apply to alterations or additions to a building associated with development carried out under subsection (1)(d).\n> \n> > (1C) The Codes SEPP, section 1.17A(1)(d) does not apply to development carried out under subsection (1)(d) unless the development involves alterations or additions specified in subsection (1)(d).\n> \n> > (2) A complying development certificate is taken to satisfy a requirement of an environmental planning instrument or tree preservation order for a consent, permit or approval to remove a tree or other vegetation if the tree or other vegetation—\n> > \n> > > (a) would prevent the complying development from being carried out, and\n> > \n> > > (b) is not required to be retained under a condition of a development consent applying to the land, and\n> > \n> > > (c) is not listed on a register of significant trees kept by the council, and\n> > \n> > > (d) will be within 3m of any building that has an area of more than 25m2, and\n> > \n> > > (e) has a height less than—\n> > > \n> > > > (i) for development under subsection (1)(a)—8m, or\n> > > \n> > > > (ii) for development under subsection (1)(b), (1)(c) or (1)(d)—6m.\n> \n> > (3) A complying development certificate for complying development under this section is subject to the conditions specified in the Codes SEPP, Schedule 6, and, in the application of the Schedule, a reference in the Schedule, clauses 6 and 11 to a dwelling house is taken to be a reference to a group home.\n> \n> Note—\n> \n> Development specified as complying development under this section may not be undertaken as complying development if the development is on bush fire prone land—see the [Rural Fires Act 1997](/view/html/inforce/current/act-1997-065), section 100B.\n> \n> **s 64:** Am 2023 (664), Sch 1\\[2\\]; 2025 (512), Sch 1\\[5\\] \\[6\\].","sortOrder":90},{"sectionNumber":"65","sectionType":"section","heading":"Development standards for flood control lots","content":"#### 65 Development standards for flood control lots\n\n65 Development standards for flood control lots\n\n> > (1) Complying development must not be carried out under this Part on the following parts of a flood control lot, as certified by the council or a professional engineer who specialises in hydraulic engineering—\n> > \n> > > (a) a flood storage area,\n> > \n> > > (b) a floodway,\n> > \n> > > (c) a flow path,\n> > \n> > > (d) a high hazard area,\n> > \n> > > (e) a high risk area.\n> \n> > (2) Complying development carried out under this Part on a flood control lot must comply with the following development standards—\n> > \n> > > (a) if there is a minimum floor level adopted in a development control plan by the relevant council for the lot—the development must not cause a habitable room in the group home to have a floor level lower than the minimum floor level,\n> > \n> > > (b) if a part of the group home or an ancillary structure is erected at or below the flood planning level—the part must be constructed of flood compatible material,\n> > \n> > > (c) the group home and ancillary structures, if any, must be able to withstand the forces exerted during a flood by water, debris and buoyancy up to—\n> > > \n> > > > (i) the flood planning level, or\n> > > \n> > > > (ii) if an on-site refuge is provided on the lot—the probable maximum flood level,\n> > \n> > > (d) the development must not result in increased flooding elsewhere in the floodplain,\n> > \n> > > (e) the lot must have pedestrian and vehicular access to a readily accessible refuge above the probable maximum flood level,\n> > \n> > > (f) vehicular access to the group home must not be inundated by water to a level of more than 0.3m during a 1:100 ARI flood event,\n> > \n> > > (g) the lot must not have any open car parking spaces or carports lower than the level of a 1:20 ARI flood event.\n> \n> > (3) The requirements in subsection (2)(c) and (d) are satisfied if a flood and risk impact assessment prepared by a professional engineer specialising in hydraulic engineering or civil engineering states the requirements are satisfied.\n> \n> > (4) Words used in this section have the same meanings as in the Flood Risk Management Manual.\n> \n> **s 65:** Am 2023 (609), Sch 2.18\\[1\\] \\[2\\].","sortOrder":91},{"sectionNumber":"66","sectionType":"section","heading":"Development standards for land near Siding Spring Observatory","content":"#### 66 Development standards for land near Siding Spring Observatory\n\n66 Development standards for land near Siding Spring Observatory\n\n> > (1) This section applies to complying development carried out under this Part on land in the following local government areas—\n> > \n> > > (a) Coonamble,\n> > \n> > > (b) Gilgandra,\n> > \n> > > (c) Warrumbungle Shire,\n> > \n> > > (d) Dubbo Regional.\n> \n> > (2) Development to which this section applies must not be carried out unless the development will not result in—\n> > \n> > > (a) a group home with an outside light fitting, other than a shielded light fitting, or\n> > \n> > > (b) for land in the local government areas of Coonamble, Gilgandra or Warrumbungle Shire—a group home with more than—\n> > > \n> > > > (i) 7 shielded outside light fittings, or\n> > > \n> > > > (ii) 5 shielded outside light fittings that are not automatic light fittings.\n> \n> > (3) Words used in this section have the same meanings as in the Standard Instrument, clause 5.14.\n> \n> **s 66:** Am 2023 (79), Sch 2\\[2\\].","sortOrder":92},{"sectionNumber":"66A","sectionType":"section","heading":"No subdivision of group homes","content":"#### 66A No subdivision of group homes\n\n66A No subdivision of group homes\n\n> Despite the provisions of another environmental planning instrument, development consent must not be granted to the subdivision of group homes.\n> \n> **s 66A:** Ins 2025 (512), Sch 1\\[7\\].","sortOrder":93},{"sectionNumber":"66B","sectionType":"section","heading":"Change of use as exempt development","content":"#### 66B Change of use as exempt development\n\n66B Change of use as exempt development\n\n> > (1) The change of use of a lawfully constructed dwelling to a group home is exempt development if—\n> > \n> > > (a) the dwelling is occupied by a single household under a tenancy arrangement administered by a relevant authority, or\n> > \n> > > (b) at least one bedroom, but no more than 5 bedrooms, in the dwelling is occupied by children or young people receiving out-of-home care.\n> \n> > (2) In this section—\n> > \n> > out-of-home care has the same meaning as in the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157), Chapter 8.\n> \n> **s 66B:** Ins 2025 (512), Sch 1\\[7\\]. Am 2025 (684), Sch 3\\[2\\].","sortOrder":94},{"sectionNumber":"67","sectionType":"section","heading":"Co-living housing may be carried out on certain land with consent","content":"#### 67 Co-living housing may be carried out on certain land with consent\n\n67 Co-living housing may be carried out on certain land with consent\n\n> Development for the purposes of co-living housing may be carried out with consent on land in a zone in which—\n> \n> > (a) development for the purposes of co-living housing is permitted under another environmental planning instrument, or\n> \n> > (b) development for the purposes of residential flat buildings or shop top housing is permitted under Chapter 5, Chapter 6 or another environmental planning instrument.\n> \n> Example—\n> \n> Co-living housing may be used as off-campus student accommodation.\n> \n> **s 67:** Am 2024 (135), Sch 1\\[6\\]; 2025 (291), Sch 1\\[3\\].","sortOrder":96},{"sectionNumber":"68","sectionType":"section","heading":"Non-discretionary development standards—the Act, s 4.15","content":"#### 68 Non-discretionary development standards—the Act, s 4.15\n\n68 Non-discretionary development standards—the Act, s 4.15\n\n> > (1) The object of this section is to identify development standards for particular matters relating to development for the purposes of co-living housing that, if complied with, prevent the consent authority from requiring more onerous standards for the matters.\n> > \n> > Note—\n> > \n> > See the Act, section 4.15(3), which does not prevent development consent being granted if a non-discretionary development standard is not complied with.\n> \n> > (2) The following are non-discretionary development standards in relation to development for the purposes of co-living housing—\n> > \n> > > (a) for development in a zone in which residential flat buildings are permitted—a floor space ratio that is not more than—\n> > > \n> > > > (i) the maximum permissible floor space ratio for residential accommodation on the land, and\n> > > \n> > > > (ii) an additional 10% of the maximum permissible floor space ratio if the additional floor space is used only for the purposes of co-living housing,\n> > \n> > > (b) for co-living housing containing 6 private rooms—\n> > > \n> > > > (i) a total of at least 30m2 of communal living area, and\n> > > \n> > > > (ii) minimum dimensions of 3m for each communal living area,\n> > \n> > > (c) for co-living housing containing more than 6 private rooms—\n> > > \n> > > > (i) a total of at least 30m2 of communal living area plus at least a further 2m2 for each private room in excess of 6 private rooms, and\n> > > \n> > > > (ii) minimum dimensions of 3m for each communal living area,\n> > \n> > > (d) communal open spaces—\n> > > \n> > > > (i) with a total area of at least 20% of the site area, and\n> > > \n> > > > (ii) each with minimum dimensions of 3m,\n> > \n> > > (e) unless a relevant planning instrument specifies a lower number—\n> > > \n> > > > (i) for development on land in an accessible area—0.2 parking spaces for each private room, or\n> > > \n> > > > (ii) otherwise—0.5 parking spaces for each private room,\n> > \n> > > (f) for development on land in Zone R2 Low Density Residential or Zone R3 Medium Density Residential—the minimum landscaping requirements for multi dwelling housing under a relevant planning instrument,\n> > \n> > > (g) for development on land in Zone R4 High Density Residential—the minimum landscaping requirements for residential flat buildings under a relevant planning instrument.\n> \n> **s 68:** Am 2023 (664), Sch 1\\[32\\].","sortOrder":97},{"sectionNumber":"69","sectionType":"section","heading":"Standards for co-living housing","content":"#### 69 Standards for co-living housing\n\n69 Standards for co-living housing\n\n> > (1) Development consent must not be granted for development for the purposes of co-living housing unless the consent authority is satisfied that—\n> > \n> > > (a) each private room has a floor area, excluding an area, if any, used for the purposes of private kitchen or bathroom facilities, that is not more than 25m2 and not less than—\n> > > \n> > > > (i) for a private room intended to be used by a single occupant—12m2, or\n> > > \n> > > > (ii) otherwise—16m2, and\n> > \n> > > (b) the minimum lot size for the co-living housing is not less than—\n> > > \n> > > > (i) for development on land in Zone R2 Low Density Residential—600m2, or\n> > > \n> > > > (ii) for development on other land—800m2, and\n> > > \n> > > > (iii) (Repealed)\n> > \n> > > (c) for development on land in Zone R2 Low Density Residential or an equivalent land use zone, the co-living housing—\n> > > \n> > > > (i) will not contain more than 12 private rooms, and\n> > > \n> > > > (ii) will be in an accessible area, and\n> > \n> > > (d) the co-living housing will contain an appropriate workspace for the manager, either within the communal living area or in a separate space, and\n> > \n> > > (e) for co-living housing on land in a business zone—no part of the ground floor of the co-living housing that fronts a street will be used for residential purposes unless another environmental planning instrument permits the use, and\n> > \n> > > (f) adequate bathroom, laundry and kitchen facilities will be available within the co-living housing for the use of each occupant, and\n> > \n> > > (g) each private room will be used by no more than 2 occupants, and\n> > \n> > > (h) the co-living housing will include adequate bicycle and motorcycle parking spaces.\n> \n> > (2) Development consent must not be granted for development for the purposes of co-living housing unless the consent authority considers whether—\n> > \n> > > (a) the front, side and rear setbacks for the co-living housing are not less than—\n> > > \n> > > > (i) for development on land in Zone R2 Low Density Residential or Zone R3 Medium Density Residential—the minimum setback requirements for multi dwelling housing under a relevant planning instrument, or\n> > > \n> > > > (ii) for development on land in Zone R4 High Density Residential—the minimum setback requirements for residential flat buildings under a relevant planning instrument, and\n> > \n> > > (b) if the co-living housing has at least 3 storeys—the building will comply with the minimum building separation distances specified in the Apartment Design Guide, and\n> > \n> > > (c) at least 3 hours of direct solar access will be provided between 9am and 3pm at mid-winter in at least 1 communal living area, and\n> > \n> > > (d), (e) (Repealed)\n> > \n> > > (f) the design of the building will be compatible with—\n> > > \n> > > > (i) the desirable elements of the character of the local area, or\n> > > \n> > > > (ii) for precincts undergoing transition—the desired future character of the precinct.\n> \n> > (3) Subsection (1) does not apply to development for the purposes of minor alterations or additions to existing co-living housing.\n> \n> > (4) In this section, a storey does not include a storey used for car parking that is below ground level (existing), or less than 1.2m above ground level (existing).\n> \n> **s 69:** Am 2022 (349), Sch 1\\[24\\]–\\[26\\]; 2025 (291), Sch 1\\[4\\].","sortOrder":98},{"sectionNumber":"70","sectionType":"section","heading":"No subdivision","content":"#### 70 No subdivision\n\n70 No subdivision\n\n> Development consent must not be granted for the subdivision of co-living housing into separate lots.","sortOrder":99},{"sectionNumber":"Part 4","sectionType":"part","heading":"Build-to-rent housing","content":"# Part 4 Build-to-rent housing\n\nPart 4 Build-to-rent housing","sortOrder":100},{"sectionNumber":"71","sectionType":"section","heading":null,"content":"#### 71\n\n71 (Repealed)","sortOrder":101},{"sectionNumber":"72","sectionType":"section","heading":"Development for the purposes of build-to-rent housing permitted with consent","content":"#### 72 Development for the purposes of build-to-rent housing permitted with consent\n\n72 Development for the purposes of build-to-rent housing permitted with consent\n\n> > (1) The objective of this section is to enable certain residential accommodation to be used as build-to-rent housing.\n> \n> > (2) This Part applies to development for the purposes of multi dwelling housing, residential flat buildings or shop top housing on land—\n> > \n> > > (a) in the following zones—\n> > > \n> > > > (i) a zone in which development for the purposes of residential flat buildings is permissible under another environmental planning instrument,\n> > > \n> > > > (ia) Zone E2 Commercial Centre,\n> > > \n> > > > (ib) Zone MU1 Mixed Use,\n> > > \n> > > > (ii) Zone B3 Commercial Core,\n> > > \n> > > > (iii) Zone B4 Mixed Use,\n> > > \n> > > > (iv) Zone B8 Metropolitan Centre,\n> > > \n> > > > (v) Zone SP5 Metropolitan Centre, or\n> > \n> > > (a1) in a Transport Oriented Development Area under Chapter 5 in which development for the purposes of residential flat buildings is permissible, or\n> > \n> > > (a2) on which development for the purposes of multi dwelling housing, residential flat buildings or shop top housing is permissible under Chapter 6, or\n> > \n> > > (b) for which a site compatibility certificate has been issued under section 39, or\n> > \n> > > (c) identified as “WestConnex Dive Site” on the [State Significant Development Sites Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-housing-2021), within the meaning of [State Environmental Planning Policy (Planning Systems) 2021](/view/html/inforce/current/epi-2021-0724), Chapter 2.\n> \n> > (3) Development consent may be granted for development to which this Part applies if—\n> > \n> > > (a) the development will result in at least 50 dwellings occupied, or intended to be occupied, by individuals under residential tenancy agreements, and\n> > \n> > > (b) all buildings containing the dwellings are located on the same lot of land.\n> \n> > (4) Part 7 does not apply to development permitted under this Part.\n> \n> **s 72:** Am 2022 (99), Sch 1\\[7\\]; 2022 (727), Sch 2\\[6\\] \\[7\\]; 2024 (135), Sch 1\\[7\\]; 2024 (334), Sch 1\\[3\\]; 2025 (81), Sch 1\\[1\\]; 2025 (171), Sch 1\\[1\\] \\[2\\].","sortOrder":103},{"sectionNumber":"73","sectionType":"section","heading":"Conditions of build-to-rent housing to apply for at least 15 years","content":"#### 73 Conditions of build-to-rent housing to apply for at least 15 years\n\n73 Conditions of build-to-rent housing to apply for at least 15 years\n\n> > (1) Development consent must not be granted to the erection or use of a building for development to which this part applies unless the consent authority is satisfied that, during the relevant period, the tenanted component of the building—\n> > \n> > > (a) will not be subdivided into separate strata lots, and\n> > \n> > > (b) will be owned and controlled by 1 person, and\n> > \n> > > (c) will be operated by 1 managing agent, who provides on-site management.\n> \n> > (2) (Repealed)\n> \n> > (3) In this section—\n> > \n> > relevant period means—\n> > \n> > > (a) for development on land in Zone E2 Commercial Centre, Zone B3 Commercial Core or Zone SP5 Metropolitan Centre—a period commencing on the day an occupation certificate is issued for all parts of the building or buildings to which the development relates and continuing in perpetuity, or\n> > \n> > > (b) otherwise—a period of 15 years commencing on the day an occupation certificate is issued for all parts of a building to which the development relates.\n> \n> **s 73:** Am 2022 (349), Sch 1\\[27\\]; 2022 (727), Sch 2\\[8\\]; 2023 (664), Sch 1\\[34\\] \\[35\\]; 2024 (334), Sch 1\\[4\\].","sortOrder":104},{"sectionNumber":"74","sectionType":"section","heading":"Non-discretionary development standards—the Act, s 4.15","content":"#### 74 Non-discretionary development standards—the Act, s 4.15\n\n74 Non-discretionary development standards—the Act, s 4.15\n\n> > (1) The object of this section is to identify development standards for particular matters relating to development for the purposes of build-to-rent housing that, if complied with, prevent the consent authority from requiring more onerous standards for the matters.\n> > \n> > Note—\n> > \n> > See the Act, section 4.15(3), which does not prevent development consent being granted if a non-discretionary development standard is not complied with.\n> \n> > (2) The following are non-discretionary development standards in relation to the carrying out of the development to which this Part applies—\n> > \n> > > (a) the building height of all proposed buildings is not more than the maximum building height permitted under Chapter 5, Chapter 6 or another environmental planning instrument for a building on the land,\n> > \n> > > (b) for development on land in a zone in which no residential accommodation is permitted under another environmental planning instrument—a floor space ratio that is not more than the maximum permissible floor space ratio for other development on the land under another environmental planning instrument,\n> > \n> > > (c) if paragraph (b) does not apply—a floor space ratio that is not more than the maximum permissible floor space ratio for residential accommodation on the land under Chapter 5, Chapter 6 or another environmental planning instrument,\n> > \n> > > (d) for development carried out wholly or partly on land in the Eastern Harbour City, Central River City or Western Parkland City—\n> > > \n> > > > (i) for land within an accessible area—at least 0.2 parking spaces for each dwelling, or\n> > > \n> > > > (ii) otherwise—at least 0.5 parking spaces for each dwelling, or\n> > > \n> > > > (iii) if a relevant planning instrument specifies a requirement for a lower number of parking spaces—the lower number specified in the relevant planning instrument,\n> > \n> > > (e) if paragraph (d) does not apply—at least the number of parking spaces required under the relevant development control plan or local environmental plan for a residential flat building.\n> \n> **s 74:** Am 2023 (664), Sch 1\\[36\\] \\[37\\]; 2024 (135), Sch 1\\[8\\]; 2025 (291), Sch 1\\[5\\]; 2025 (512), Sch 1\\[8\\] \\[9\\].","sortOrder":105},{"sectionNumber":"75","sectionType":"section","heading":"Design requirements","content":"#### 75 Design requirements\n\n75 Design requirements\n\n> > (1) This section applies to development to which this Part applies only if Chapter 4 applies to the building resulting from the development.\n> \n> > (2) In determining an application for the modification of a development consent or a development application for the carrying out of development to which this section applies, the consent authority must—\n> > \n> > > (a) be flexible in applying the design criteria set out in the Apartment Design Guide, including, in particular, the design criteria set out in Part 4, items 4E, 4G and 4K, and\n> > \n> > > (b) in its consideration of the objectives set out in the Apartment Design Guide, Part 4, consider the following—\n> > > \n> > > > (i) the amenities proposed to be provided to tenants residing in the building through common spaces and shared facilities and services,\n> > > \n> > > > (ii) whether the configuration and variety of dwellings in the building will provide adequate options to prospective tenants in relation to the size and layout of the dwellings,\n> > > \n> > > > (iii) whether tenants residing in the building will be able to relocate to other dwellings in the building that will better accommodate their housing requirements if their requirements change.\n> \n> **s 75:** Am 2023 (664), Sch 1\\[38\\].","sortOrder":106},{"sectionNumber":"76","sectionType":"section","heading":"Active uses on ground floor of build-to-rent housing in business zones","content":"#### 76 Active uses on ground floor of build-to-rent housing in business zones\n\n76 Active uses on ground floor of build-to-rent housing in business zones\n\n> > (1) The objective of this section is to ensure that, in relation to development for the purposes of build-to-rent housing, active uses are provided at the street level in business zones to encourage the presence and movement of people.\n> \n> > (2) This section applies to development to which this Part applies if the development is on land in a business zone, including as part of a mixed use development.\n> \n> > (3) Development consent must not be granted for development to which this section applies unless the consent authority is satisfied that a building resulting from the development will have an active street frontage.\n> \n> > (4) An active street frontage is not required for a part of a building used for 1 or more of the following—\n> > \n> > > (a) entrances and lobbies,\n> > \n> > > (b) access for fire services,\n> > \n> > > (c) vehicular access.","sortOrder":107},{"sectionNumber":"77","sectionType":"section","heading":"Conditions requiring land or contributions for affordable housing","content":"#### 77 Conditions requiring land or contributions for affordable housing\n\n77 Conditions requiring land or contributions for affordable housing\n\n> Nothing in this Part overrides a requirement to dedicate land or pay a monetary contribution under the Act, section 7.32.","sortOrder":108},{"sectionNumber":"78","sectionType":"section","heading":"Consideration of Apartment Design Guide for further subdivision of dwellings","content":"#### 78 Consideration of Apartment Design Guide for further subdivision of dwellings\n\n78 Consideration of Apartment Design Guide for further subdivision of dwellings\n\n> Development consent must not be granted for development involving the subdivision of a residential flat building for which consent has been granted under this Part unless the consent authority has considered the relevant provisions of the Apartment Design Guide in relation to the part of the building affected by the subdivision.","sortOrder":109},{"sectionNumber":"Part 5","sectionType":"part","heading":"Housing for seniors and people with a disability","content":"# Part 5 Housing for seniors and people with a disability\n\nPart 5 Housing for seniors and people with a disability","sortOrder":110},{"sectionNumber":"79","sectionType":"section","heading":"Land to which Part applies","content":"#### 79 Land to which Part applies\n\n79 Land to which Part applies\n\n> This Part applies to land in the following zones—\n> \n> > (a) Zone RU5 Village,\n> \n> > (b) Zone R1 General Residential,\n> \n> > (c) Zone R2 Low Density Residential,\n> \n> > (d) Zone R3 Medium Density Residential,\n> \n> > (e) Zone R4 High Density Residential,\n> \n> > (e1) Zone E1 Local Centre,\n> \n> > (e2) Zone E2 Commercial Centre,\n> \n> > (e3) Zone E3 Productivity Support,\n> \n> > (e4) Zone MU1 Mixed Use,\n> \n> > (f) Zone B1 Neighbourhood Centre,\n> \n> > (g) Zone B2 Local Centre,\n> \n> > (h) Zone B3 Commercial Core,\n> \n> > (i) Zone B4 Mixed Use,\n> \n> > (j) Zone B5 Business Development,\n> \n> > (k) Zone B6 Enterprise Corridor,\n> \n> > (l) Zone B7 Business Park,\n> \n> > (m) Zone B8 Metropolitan Centre,\n> \n> > (n) Zone SP1 Special Purposes,\n> \n> > (o) Zone SP2 Infrastructure,\n> \n> > (o1) Zone SP4 Enterprise under the following local environmental plans—\n> > \n> > > (i) [Canada Bay Local Environmental Plan 2013](/view/html/inforce/current/epi-2013-0389),\n> > \n> > > (ii) [Central Coast Local Environmental Plan 2022](/view/html/inforce/current/epi-2022-0308),\n> > \n> > > (iii) [Penrith Local Environmental Plan 2010](/view/html/inforce/current/epi-2010-0540),\n> > \n> > > (iv) [Pittwater Local Environmental Plan 2014](/view/html/inforce/current/epi-2014-0320),\n> > \n> > > (v) [Port Macquarie-Hastings Local Environmental Plan 2011](/view/html/inforce/current/epi-2011-0084),\n> > \n> > > (vi) [Sutherland Shire Local Environmental Plan 2015](/view/html/inforce/current/epi-2015-0319),\n> > \n> > > (vii) [The Hills Local Environmental Plan 2019](/view/html/inforce/current/epi-2019-0596),\n> > \n> > > (viii) [Warringah Local Environmental Plan 2011](/view/html/inforce/current/epi-2011-0649),\n> \n> > (o2) Zone SP5 Metropolitan Centre,\n> \n> > (p) Zone RE2 Private Recreation.\n> \n> **s 79:** Am 2022 (727), Sch 2\\[9\\] \\[10\\].","sortOrder":112},{"sectionNumber":"80","sectionType":"section","heading":"Land to which Part does not apply—general","content":"#### 80 Land to which Part does not apply—general\n\n80 Land to which Part does not apply—general\n\n> > (1) This Part does not apply to the following land—\n> > \n> > > (a) land to which [Warringah Local Environmental Plan 2000](/view/html/inforce/current/epi-2000-0690) applies that is located within locality B2 (Oxford Falls Valley) or C8 (Belrose North) under the Plan,\n> > \n> > > (b) land described in Schedule 3.\n> \n> > (2) Nothing in Schedule 3 operates to preclude the application of this Part to land only because—\n> > \n> > > (a) the land is identified under [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 2, or\n> > \n> > > (b) in relation to land used for the purposes of an existing registered club—the land is described in another environmental planning instrument as—\n> > > \n> > > > (i) private open space, or\n> > > \n> > > > (ii) open space where dwellings or dwelling houses are permitted.\n> \n> **s 80:** Am 2022 (99), Sch 1\\[8\\]; 2022 (349), Sch 1\\[28\\].","sortOrder":113},{"sectionNumber":"81","sectionType":"section","heading":"Seniors housing permitted with consent","content":"#### 81 Seniors housing permitted with consent\n\n81 Seniors housing permitted with consent\n\n> Development for the purposes of seniors housing may be carried out with development consent—\n> \n> > (a) on land to which this Part applies, or\n> \n> > (b) on land on which development for the purposes of seniors housing is permitted under another environmental planning instrument.","sortOrder":114},{"sectionNumber":"82","sectionType":"section","heading":"Definitions","content":"#### 82 Definitions\n\n82 Definitions\n\n> > (1) In this Part—\n> > \n> > gross floor area means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from another building, measured at a height of 1.4m above the floor—\n> > \n> > > (a) excluding the following—\n> > > \n> > > > (i) columns, fin walls, sun control devices and elements, projections or works outside the general lines of the internal face of an external wall,\n> > > \n> > > > (ii) cooling towers, machinery and plant rooms, ancillary storage space and vertical air conditioning ducts,\n> > > \n> > > > (iii) car parking and internal access to the car parking,\n> > > \n> > > > (iv) space for the loading and unloading of goods, including access to the space,\n> > > \n> > > > (v) areas for common vertical circulation, including lifts and stairs,\n> > > \n> > > > (vi) storage, vehicular access, garbage and services within the basement,\n> > > \n> > > > (vii) for a residential care facility—floor space used for service activities provided by the facility within the basement,\n> > > \n> > > > (viii) terraces and balconies with outer walls less than 1.4m high,\n> > > \n> > > > (ix) voids above a floor at the level of a storey or storey above, and\n> > \n> > > (b) for in-fill self-care housing—including car parking provided at ground level, other than for visitors, in excess of 1 per dwelling.\n> > \n> > hostel means residential accommodation for seniors or people with a disability where—\n> > \n> > > (a) meals, laundering, cleaning and other facilities are provided on a shared basis, and\n> > \n> > > (b) at least 1 staff member is available on site 24 hours a day to provide management services.\n> > \n> > in-fill self-care housing means seniors housing consisting of at least 2 independent living units and at which none of the following services are provided on the site—\n> > \n> > > (a) meals,\n> > \n> > > (b) cleaning services,\n> > \n> > > (c) personal care,\n> > \n> > > (d) nursing care.\n> > \n> > prescribed zone means a zone specified in section 79.\n> > \n> > seniors means the following people—\n> > \n> > > (a) people who are at least 60 years of age,\n> > \n> > > (b) people who are resident at a facility at which residential care, within the meaning of the [Aged Care Act 1997](http://www.legislation.gov.au/) of the Commonwealth, is provided,\n> > \n> > > (c) people who have been assessed as being eligible to occupy housing for aged persons provided by a social housing provider.\n> \n> > (2) The floor space ratio, and maximum permissible floor space ratio, of a building for this part must be calculated using gross floor area as defined for this part.\n> \n> **s 82:** Am 2022 (99), Sch 1\\[9\\]; 2022 (349), Sch 1\\[29\\]; 2023 (458), Sch 3.3\\[1\\] \\[2\\]; 2023 (664), Sch 1\\[39\\].","sortOrder":116},{"sectionNumber":"83","sectionType":"section","heading":"Amendments to the bush fire evacuation risk map","content":"#### 83 Amendments to the bush fire evacuation risk map\n\n83 Amendments to the bush fire evacuation risk map\n\n> > (1) The Planning Secretary may prepare maps for the purposes of amending or replacing the [Bush Fire Evacuation Risk Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-housing-2021).\n> \n> > (2) In preparing a map, the Planning Secretary must consider the following matters—\n> > \n> > > (a) the size of the existing population within the locality,\n> > \n> > > (b) age groups within the population and the number of persons within the age groups,\n> > \n> > > (c) the number of hospitals and other facilities, including the number of beds, providing care to the residents of the facilities within the locality,\n> > \n> > > (d) the number of schools within the locality and the number of students at the schools,\n> > \n> > > (e) existing development within the locality that has been carried out under this Part,\n> > \n> > > (f) recommendations, if any, made by the NSW Rural Fire Service.","sortOrder":117},{"sectionNumber":"84","sectionType":"section","heading":"Development standards—general","content":"#### 84 Development standards—general\n\n84 Development standards—general\n\n> > (1) This section applies to development for the purposes of seniors housing involving the erection of a building.\n> \n> > (2) Development consent must not be granted for development to which this section applies unless—\n> > \n> > > (a) the site area of the development is at least 1,000m2, and\n> > \n> > > (b) the frontage of the site area of the development is at least 20m measured at the building line, and\n> > \n> > > (c) for development on land in a residential zone where residential flat buildings are not permitted—\n> > > \n> > > > (i) the development will not result in a building with a height of more than 9.5m, excluding servicing equipment on the roof of the building, and\n> > > \n> > > > (ii) if the roof of the building contains servicing equipment resulting in the building having a height of more than 9.5m, the servicing equipment must—\n> > > > \n> > > > > (A) be fully integrated into the design of the roof or contained and suitably screened from view from public places, and\n> > > > \n> > > > > (B) be limited to an area of no more than 20% of the surface area of the roof, and\n> > > > \n> > > > > (C) not result in the building having a height of more than 11.5m, and\n> > > \n> > > > (iii) if the development results in a building with more than 2 storeys—the additional storeys are set back within planes that project at an angle of 45 degrees inwards from all side and rear boundaries of the site.\n> \n> > (3) (Repealed)\n> \n> > (4) Subsection (2)(a) and (b) do not apply to development if the development application is made by a social housing provider or Landcom.\n> \n> > (5) In this section, a storey does not include a basement within the meaning of the standard instrument.\n> \n> **s 84:** Am 2022 (99), Sch 1\\[10\\] \\[11\\]; 2022 (349), Sch 1\\[30\\]; 2023 (664), Sch 1\\[40\\]; 2025 (291), Sch 1\\[6\\]; 2025 (684), Sch 3\\[3\\] \\[4\\].","sortOrder":119},{"sectionNumber":"85","sectionType":"section","heading":"Development standards for hostels and independent living units","content":"#### 85 Development standards for hostels and independent living units\n\n85 Development standards for hostels and independent living units\n\n> > (1) Development consent must not be granted for development for the purposes of a hostel or an independent living unit unless the hostel or independent living unit complies with the relevant standards specified in Schedule 4.\n> \n> > (2) An independent living unit, or part of an independent living unit, located above the ground floor in a multi-storey building need not comply with the requirements in Schedule 4, sections 2, 5–13 and 15–21 if the development application is made by, or by a person jointly with, a social housing provider or Landcom.\n> \n> Note—\n> \n> Development standards concerning accessibility and usability for residential care facilities are not specified in this Policy. For relevant standards, see the Building Code of Australia.\n> \n> **s 85:** Am 2023 (664), Sch 1\\[41\\] \\[42\\].","sortOrder":120},{"sectionNumber":"86","sectionType":"section","heading":"Development standards for seniors housing—Zones RE2, SP1, SP2 and RU5","content":"#### 86 Development standards for seniors housing—Zones RE2, SP1, SP2 and RU5\n\n86 Development standards for seniors housing—Zones RE2, SP1, SP2 and RU5\n\n> > (1) Development consent must not be granted for development for the purposes of seniors housing unless the consent authority is satisfied as follows—\n> > \n> > > (a) for development on land in Zone RE2 Private Recreation—\n> > > \n> > > > (i) the development is carried out on land used for the purposes of an existing registered club, and\n> > > \n> > > > (ii) the land adjoins land in a prescribed zone,\n> > \n> > > (b) for development on land in Zone SP1 Special Purpose or Zone SP2 Infrastructure—\n> > > \n> > > > (i) development for the purposes of a place of public worship, an educational establishment, a hospital or seniors housing is permitted on the land, and\n> > > \n> > > > (ii) the land adjoins land in a prescribed zone,\n> > \n> > > (c) for development on land in Zone RU5 Village—\n> > > \n> > > > (i) the development is carried out on land within 50km of a 24-hour health services facility, and\n> > > \n> > > > (ii) the land is serviced by reticulated water and sewerage.\n> > \n> > > (d) (Repealed)\n> \n> > (2) Nothing in this section prevents a consent authority from granting development consent for development for the purposes of seniors housing on land on which development for the purposes of seniors housing is permitted under another environmental planning instrument.\n> \n> > (3) (Repealed)\n> \n> **s 86:** Am 2022 (99), Sch 1\\[12\\]; 2022 (349), Sch 1\\[31\\] \\[32\\].","sortOrder":121},{"sectionNumber":"87","sectionType":"section","heading":"Additional floor space ratios","content":"#### 87 Additional floor space ratios\n\n87 Additional floor space ratios\n\n> > (1) This section applies to development for the purposes of seniors housing on land to which this Part applies if—\n> > \n> > > (a) development for the purposes of a residential flat building or shop top housing is permitted on the land under Chapter 5, Chapter 6 or another environmental planning instrument, or\n> > \n> > > (b) the development is carried out on land in Zone E2 Commercial Centre or Zone B3 Commercial Core.\n> \n> > (2) Development consent may be granted for development to which this section applies if the site area of the development is at least 1,500m2, and the development will result in a building with one or more of the following—\n> > \n> > > (a) a maximum permissible floor space ratio plus—\n> > > \n> > > > (i) for development involving independent living units—up to an additional 15% of the maximum permissible floor space ratio if the additional floor space is used only for the purposes of independent living units, or\n> > > \n> > > > (ii) for development involving a residential care facility—up to an additional 20% of the maximum permissible floor space ratio if the additional floor space is used only for the purposes of the residential care facility, or\n> > > \n> > > > (iii) for development involving independent living units and residential care facilities—up to an additional 25% of the maximum permissible floor space ratio if the additional floor space is used only for the purposes of independent living units or a residential care facility, or both, or\n> > \n> > > (b) a height of not more than 3.8m above the maximum permissible building height.\n> \n> **s 87:** Am 2022 (727), Sch 2\\[11\\]; 2024 (135), Sch 1\\[9\\]; 2025 (291), Sch 1\\[7\\]; 2025 (512), Sch 1\\[10\\].","sortOrder":122},{"sectionNumber":"88","sectionType":"section","heading":"Restrictions on occupation of seniors housing","content":"#### 88 Restrictions on occupation of seniors housing\n\n88 Restrictions on occupation of seniors housing\n\n> > (1) Development permitted under this Part may be carried out for the accommodation of only the following—\n> > \n> > > (a) seniors or people who have a disability,\n> > \n> > > (b) people who live in the same household with seniors or people who have a disability,\n> > \n> > > (c) staff employed to assist in the administration and provision of services to housing provided under this Part.\n> \n> > (2) Development consent must not be granted under this Part unless the consent authority is satisfied that only the kinds of people referred to in subsection (1) will occupy accommodation to which the development relates.","sortOrder":123},{"sectionNumber":"89","sectionType":"section","heading":"Use of ground floor of seniors housing in business zones","content":"#### 89 Use of ground floor of seniors housing in business zones\n\n89 Use of ground floor of seniors housing in business zones\n\n> > (1) This section applies to a building used for the purposes of seniors housing on land in a business zone.\n> \n> > (2) Development consent must not be granted for development under this Part unless the part of the ground floor of the building that fronts a street will not be used for residential purposes.\n> \n> > (3) Subsection (2) does not apply to a part of a building that—\n> > \n> > > (a) faces a service lane that does not require active street frontages, or\n> > \n> > > (b) is used for 1 or more of the following purposes—\n> > > \n> > > > (i) a lobby for a residential, serviced apartment, hotel or tenanted component of the building,\n> > > \n> > > > (ii) access for fire services,\n> > > \n> > > > (iii) vehicular access.\n> \n> > (4) Subsection (2) does not apply if another environmental planning instrument permits the use of the ground floor of the building for residential purposes.","sortOrder":124},{"sectionNumber":"90","sectionType":"section","heading":"Subdivision","content":"#### 90 Subdivision\n\n90 Subdivision\n\n> > (1) Development consent may be granted for the subdivision of land on which development is carried out under this Part.\n> \n> > (1A) Development consent for the subdivision of land may be granted at any time, including before the development under this part is carried out.\n> \n> > (2) Development consent must not be granted for the subdivision of a building resulting from development carried out under this Part on land in Zone E2 Commercial Centre or Zone B3 Commercial Core.\n> \n> **s 90:** Am 2022 (99), Sch 1\\[13\\]; 2022 (727), Sch 2\\[12\\]; 2025 (512), Sch 1\\[11\\] \\[12\\].","sortOrder":125},{"sectionNumber":"91","sectionType":"section","heading":"Fire sprinkler systems in residential care facilities","content":"#### 91 Fire sprinkler systems in residential care facilities\n\n91 Fire sprinkler systems in residential care facilities\n\n> > (1) A consent authority must not grant consent for development for the purposes of a residential care facility unless the facility will include a fire sprinkler system.\n> \n> > (2) Development for the purposes of the installation of a fire sprinkler system in a residential care facility may be carried out with development consent.\n> \n> > (3) In this section—\n> > \n> > fire sprinkler system means a system designed to automatically control the growth and spread of fire that may include components like sprinklers, valves, pipework, pumps, boosters and water supplies.\n> \n> **s 91:** Am 2023 (664), Sch 1\\[43\\].","sortOrder":126},{"sectionNumber":"92","sectionType":"section","heading":"Development on land used for the purposes of an existing registered club","content":"#### 92 Development on land used for the purposes of an existing registered club\n\n92 Development on land used for the purposes of an existing registered club\n\n> > (1) Development consent must not be granted for development under this Part on land used for the purposes of an existing registered club unless the consent authority is satisfied that—\n> > \n> > > (a) the development includes appropriate measures to separate the club from residential areas to avoid land use conflicts, and\n> > \n> > > (b) an appropriate protocol will manage the relationship between the seniors housing and the gambling facilities on the site of the club to minimise harm associated with the misuse and abuse of gambling activities by residents of the seniors housing.\n> > > \n> > > Note—\n> > > \n> > > The [Gaming Machines Act 2001](/view/html/inforce/current/act-2001-127) provides for gambling harm minimisation measures.\n> \n> > (2) For the purposes of subsection (1)(a), appropriate measures include the following—\n> > \n> > > (a) separate pedestrian access points for the club and the residential areas of the seniors housing,\n> > \n> > > (b) design principles underlying the building aimed at ensuring acceptable noise levels in bedrooms and living areas in the residential areas of the seniors housing.","sortOrder":127},{"sectionNumber":"93","sectionType":"section","heading":"Location and access to facilities and services—independent living units","content":"#### 93 Location and access to facilities and services—independent living units\n\n93 Location and access to facilities and services—independent living units\n\n> > (1) Development consent must not be granted for development for the purposes of an independent living unit unless the consent authority has considered whether residents will have adequate access to facilities and services—\n> > \n> > > (a) by a transport service that complies with subsection (2), or\n> > \n> > > (b) on-site.\n> \n> > (2) The transport service must—\n> > \n> > > (a) take the residents to a place that has adequate access to facilities and services, and\n> > \n> > > (b) for development on land in the Eastern Harbour City, Central River City, Western Parkland City or Central Coast City—\n> > > \n> > > > (i) not be an on-demand booking service for the transport of passengers for a fare, and\n> > > \n> > > > (ii) be available both to and from the site at least once between 8am and 12pm each day and at least once between 12pm and 6pm each day, and\n> > \n> > > (c) for development on other land—be available both to and from the site during daylight hours at least once each weekday.\n> \n> > (3) For the purposes of subsections (1) and (2), access is adequate if—\n> > \n> > > (a) the facilities and services are, or the transport service is, located at a distance of not more than 400m from the site, and\n> > \n> > > (b) the distance is accessible by means of a suitable access pathway, and\n> > \n> > > (c) the gradient along the pathway complies with subsection (4)(c).\n> \n> > (4) In subsection (3)—\n> > \n> > > (a) a suitable access pathway is a path of travel by means of a sealed footpath or other similar and safe means that is suitable for access by means of an electric wheelchair, motorised cart or the like, and\n> > \n> > > (b) the distance is to be measured by reference to the length of the pathway, and\n> > \n> > > (c) the overall average gradient must be not more than 1:14 and the gradients along the pathway must be not more than—\n> > > \n> > > > (i) 1:12 for a maximum length of 15m at a time, or\n> > > \n> > > > (ii) 1:10 for a maximum length of 5m at a time, or\n> > > \n> > > > (iii) 1:8 for a maximum length of 1.5m at a time.\n> \n> > (5) In this section—\n> > \n> > facilities and services means—\n> > \n> > > (a) shops and other retail and commercial services that residents may reasonably require, and\n> > \n> > > (b) community services and recreation facilities, and\n> > \n> > > (c) the practice of a general medical practitioner.\n> > \n> > provide a booking service has the same meaning as in the [Point to Point Transport (Taxis and Hire Vehicles) Act 2016](/view/html/inforce/current/act-2016-034), section 7.\n> > \n> > Note—\n> > \n> > Provide a booking service is defined as carrying on a business taking bookings for taxis or hire vehicles to provide passenger services, whether immediately or at a later time, and communicating the bookings to drivers for passenger services or providers of passenger services.\n> \n> **s 93:** Am 2023 (664), Sch 1\\[45\\] \\[46\\].","sortOrder":129},{"sectionNumber":"94","sectionType":"section","heading":"Location and access to facilities and services—residential care facilities","content":"#### 94 Location and access to facilities and services—residential care facilities\n\n94 Location and access to facilities and services—residential care facilities\n\n> > (1) Development consent must not be granted for development for the purposes of a residential care facility unless the consent authority is satisfied that residents of the facility will have access to facilities and services—\n> > \n> > > (a) on-site, or\n> > \n> > > (b) by a transport service other than a passenger service.\n> \n> > (2) In this section—\n> > \n> > facilities and services—see section 93.\n> > \n> > passenger service has the same meaning as in the [Point to Point Transport (Taxis and Hire Vehicles) Act 2016](/view/html/inforce/current/act-2016-034).\n> > \n> > Note—\n> > \n> > A passenger service is defined as the transport, by a motor vehicle other than a bus, of passengers within, or partly within, this State for a fare.","sortOrder":130},{"sectionNumber":"95","sectionType":"section","heading":"Water and sewer","content":"#### 95 Water and sewer\n\n95 Water and sewer\n\n> > (1) A consent authority must not consent to development under this Part unless the consent authority is satisfied the seniors housing will—\n> > \n> > > (a) be connected to a reticulated water system, and\n> > \n> > > (b) have adequate facilities for the removal or disposal of sewage.\n> \n> > (2) If the water and sewerage services will be provided by a person other than the consent authority, the consent authority—\n> > \n> > > (a) must consider the suitability of the site in relation to the availability of reticulated water and sewerage infrastructure, or\n> > \n> > > (b) if reticulated services are not available—must satisfy the responsible authority that the provision of water and sewerage infrastructure, including environmental and operational considerations, is satisfactory for the development.\n> \n> > (3) In this section—\n> > \n> > responsible authority means the public authority responsible for water and sewerage services in the area in which the seniors housing is located.\n> \n> **s 95:** Am 2023 (664), Sch 1\\[47\\] \\[48\\].","sortOrder":131},{"sectionNumber":"96","sectionType":"section","heading":"Bush fire prone land","content":"#### 96 Bush fire prone land\n\n96 Bush fire prone land\n\n> > (1) A consent authority must not consent to development under this Part on relevant bush fire prone land unless the consent authority is satisfied the development complies with the requirements of Planning for Bushfire Protection.\n> \n> > (2) In determining a development application for development under this Part on land near relevant bush fire prone land, the consent authority must—\n> > \n> > > (a) consult with the NSW Rural Fire Service and consider its comments, and\n> > \n> > > (b) consider the following including—\n> > > \n> > > > (i) the location of the development,\n> > > \n> > > > (ii) the means of access to and egress from the location,\n> > > \n> > > > (iii) the size of the existing population within the area,\n> > > \n> > > > (iv) age groups within the population and the number of persons within the age groups,\n> > > \n> > > > (v) the number of hospitals and other facilities providing care to the residents of the facilities within the area, and the number of beds within the hospitals and facilities,\n> > > \n> > > > (vi) the number of schools within the area and the number of students at the schools,\n> > > \n> > > > (vii) existing seniors housing within the area,\n> > > \n> > > > (viii) the road network within the area and the capacity of the road network to cater for traffic to and from existing development if there were a need to evacuate persons from the area in the event of a bush fire,\n> > > \n> > > > (ix) the adequacy of access to and from the site of the development for emergency response vehicles,\n> > > \n> > > > (x) the nature, extent and adequacy of bush fire emergency procedures that can be applied to the development and its site,\n> > > \n> > > > (xi) the requirements of Fire and Rescue NSW.\n> \n> > (3) In this section—\n> > \n> > relevant bush fire prone land means bush fire prone land identified on a bush fire prone land map, certified under the Act, section 10.3, as the following—\n> > \n> > > (a) “Bush fire prone land—vegetation category 1”,\n> > \n> > > (b) “Bush fire prone land—vegetation category 2”,\n> > \n> > > (c) “Bush fire prone land—vegetation category 3”,\n> > \n> > > (d) “Bush fire prone land—vegetation buffer”.\n> \n> **s 96:** Am 2023 (83), Sch 2.3\\[2\\]; 2023 (664), Sch 1\\[49\\] \\[50\\].","sortOrder":132},{"sectionNumber":"97","sectionType":"section","heading":"Design of seniors housing","content":"#### 97 Design of seniors housing\n\n97 Design of seniors housing\n\n> > (1) In determining a development application for development for the purposes of seniors housing, a consent authority must consider the Seniors Housing Design Guide, published by the Department in December 2023.\n> \n> > (2) Development consent must not be granted to development for the purposes of seniors housing unless the consent authority is satisfied the design of the seniors housing demonstrates that adequate consideration has been given to the design principles for seniors housing set out in Schedule 8.\n> \n> **s 97:** Subst 2023 (664), Sch 1\\[51\\].","sortOrder":134},{"sectionNumber":"98","sectionType":"section","heading":null,"content":"#### 98\n\n98 (Repealed)","sortOrder":135},{"sectionNumber":"Division 7","sectionType":"division","heading":"Non-discretionary development standards","content":"## Division 7 Non-discretionary development standards\n\nDivision 7 Non-discretionary development standards","sortOrder":138},{"sectionNumber":"106","sectionType":"section","heading":"Application of design principles for seniors housing","content":"#### 106 Application of design principles for seniors housing\n\n106 Application of design principles for seniors housing\n\n> Nothing in this division affects the operation of section 97(2).\n> \n> **s 106:** Subst 2023 (664), Sch 1\\[53\\].","sortOrder":139},{"sectionNumber":"107","sectionType":"section","heading":"Non-discretionary development standards for hostels and residential care facilities—the Act, s 4.15","content":"#### 107 Non-discretionary development standards for hostels and residential care facilities—the Act, s 4.15\n\n107 Non-discretionary development standards for hostels and residential care facilities—the Act, s 4.15\n\n> > (1) The object of this section is to identify development standards for particular matters relating to development for the purposes of hostels and residential care facilities that, if complied with, prevent the consent authority from requiring more onerous standards for the matters.\n> > \n> > Note—\n> > \n> > See the Act, section 4.15(3), which does not prevent development consent being granted if a non-discretionary development standard is not complied with.\n> \n> > (2) The following are non-discretionary development standards in relation to development for the purposes of hostels or residential care facilities—\n> > \n> > > (a) no building has a height of more than 9.5m, excluding servicing equipment on the roof of a building,\n> > \n> > > (b) servicing equipment on the roof of a building, which results in the building having a height of more than 9.5m—\n> > > \n> > > > (i) is fully integrated into the design of the roof or contained and suitably screened from view from public places, and\n> > > \n> > > > (ii) is limited to an area of no more than 20% of the surface area of the roof, and\n> > > \n> > > > (iii) does not result in the building having a height of more than 11.5m,\n> > \n> > > (c) the density and scale of the buildings when expressed as a floor space ratio is 1:1 or less,\n> > \n> > > (d) internal and external communal open spaces with a total area of at least—\n> > > \n> > > > (i) for a hostel—8m2 for every bed, or\n> > > \n> > > > (ii) for a residential care facility—10m2 for every bed,\n> > \n> > > (e) at least 15m2 of landscaped area for every bed,\n> > \n> > > (f) a deep soil zone on at least 15% of the site area, where each deep soil zone has minimum dimensions of 6m and, if practicable, at least 65% of the deep soil zone is located at the rear of the site,\n> > \n> > > (g) for a hostel—at least 1 parking space for every 10 beds in the hostel,\n> > \n> > > (h) for a residential care facility—at least 1 parking space for every 15 beds in the facility,\n> > \n> > > (i) at least 1 parking space for every 2 employees who are on duty at the same time,\n> > \n> > > (j) at least 1 parking space for the purpose of ambulance parking.\n> \n> **s 107:** Am 2023 (664), Sch 1\\[54\\].","sortOrder":140},{"sectionNumber":"108","sectionType":"section","heading":"Non-discretionary development standards for independent living units—the Act, s 4.15","content":"#### 108 Non-discretionary development standards for independent living units—the Act, s 4.15\n\n108 Non-discretionary development standards for independent living units—the Act, s 4.15\n\n> > (1) The object of this section is to identify development standards for particular matters relating to development for the purposes of independent living units that, if complied with, prevent the consent authority from requiring more onerous standards for the matters.\n> > \n> > Note—\n> > \n> > See the Act, section 4.15(3), which does not prevent development consent being granted if a non-discretionary development standard is not complied with.\n> \n> > (2) The following are non-discretionary development standards in relation to development for the purposes of independent living units—\n> > \n> > > (a) no building has a height of more than 9.5m, excluding servicing equipment on the roof of a building,\n> > \n> > > (b) servicing equipment on the roof of a building, which results in the building having a height of more than 9.5m—\n> > > \n> > > > (i) is fully integrated into the design of the roof or contained and suitably screened from view from public places, and\n> > > \n> > > > (ii) is limited to an area of no more than 20% of the surface area of the roof, and\n> > > \n> > > > (iii) does not result in the building having a height of more than 11.5m,\n> > \n> > > (c) the density and scale of the buildings when expressed as a floor space ratio is 0.5:1 or less,\n> > \n> > > (d) a minimum landscaped area that is the lesser of—\n> > > \n> > > > (i) 35m2 per dwelling, or\n> > > \n> > > > (ii) 30% of the site area,\n> > \n> > > (e) (Repealed)\n> > \n> > > (f) a deep soil zone on at least 15% of the site area, where each deep soil zone has minimum dimensions of 3m and, if practicable, at least 65% of the deep soil zone is located at the rear of the site,\n> > \n> > > (g) at least 70% of the dwellings receive at least 2 hours of direct solar access between 9am and 3pm at mid-winter in living rooms and private open spaces,\n> > \n> > > (h) for a dwelling in a single storey building or a dwelling located, wholly or in part, on the ground floor of a multi-storey building—\n> > > \n> > > > (i) at least 15m2 of private open space per dwelling, and\n> > > \n> > > > (ii) at least 1 private open space with minimum dimensions of 3m accessible from a living area located on the ground floor,\n> > > \n> > > Note—\n> > > \n> > > The open space needs to be accessible only by a continuous accessible path of travel, within the meaning of AS 1428.1, if the dwelling itself is an accessible one—see Schedule 4, section 2.\n> > \n> > > (i) for a dwelling in a multi-storey building not located on the ground floor—a balcony accessible from a living area with minimum dimensions of 2m and—\n> > > \n> > > > (i) an area of at least 10m2, or\n> > > \n> > > > (ii) for each dwelling containing 1 bedroom—an area of at least 6m2,\n> > \n> > > (j) for a development application made by, or made by a person jointly with, a social housing provider or Landcom—at least 1 parking space for every 5 dwellings,\n> > \n> > > (k) if paragraph (j) does not apply—at least 0.5 parking spaces for each bedroom.\n> \n> **s 108:** Am 2023 (664), Sch 1\\[55\\]–\\[57\\].","sortOrder":141},{"sectionNumber":"Division 8","sectionType":"division","heading":"Seniors housing—relevant authorities","content":"## Division 8 Seniors housing—relevant authorities\n\nDivision 8 Seniors housing—relevant authorities\n\n**ch 3, pt 5, div 8, hdg:** Am 2022 (349), Sch 1\\[33\\]; 2023 (664), Sch 1\\[58\\].\n\n**ch 3, pt 5, div 8:** Ins 2022 (99), Sch 1\\[14\\].","sortOrder":142},{"sectionNumber":"108AA","sectionType":"section","heading":null,"content":"#### 108AA\n\n108AA (Repealed)","sortOrder":143},{"sectionNumber":"108A","sectionType":"section","heading":"Development to which Division applies","content":"#### 108A Development to which Division applies\n\n108A Development to which Division applies\n\n> This Division applies to development for the purposes of seniors housing involving the erection of a building on land—\n> \n> > (a) on which development for the purposes of seniors housing is permitted with consent under another environmental planning instrument, or\n> \n> > (b) in a prescribed zone or an equivalent land use zone.\n> \n> **s 108A:** Ins 2022 (99), Sch 1\\[14\\].","sortOrder":145},{"sectionNumber":"108B","sectionType":"section","heading":"Seniors housing permitted without development consent","content":"#### 108B Seniors housing permitted without development consent\n\n108B Seniors housing permitted without development consent\n\n> > (1) Development to which this Division applies may be carried out by or on behalf of a relevant authority without development consent if—\n> > \n> > > (a) the relevant authority has considered the applicable development standards specified in sections 84(2)(c)(iii), 85, 88, 89 and 108, and\n> > \n> > > (b) the development will not result in a building with a height of more than—\n> > > \n> > > > (i) 9.5m, or\n> > > \n> > > > (ii) if the roof of the building contains servicing equipment resulting in the building having a height of more than 9.5m and the servicing equipment complies with section 84(2)(c)(ii)—11.5m, and\n> > \n> > > (c) the seniors housing will not contain more than 40 dwellings on the site.\n> \n> > (2) [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), sections 2.15 and 2.17 apply to the development and, in the application of the clauses—\n> > \n> > > (a) a reference in section 2.15 to “this Chapter” is taken to be a reference to this section, and\n> > \n> > > (b) a reference in the sections to a public authority is taken to be a reference to the relevant authority.\n> \n> **s 108B:** Ins 2022 (99), Sch 1\\[14\\]. Am 2022 (349), Sch 1\\[35\\]–\\[38\\]; 2025 (684), Sch 3\\[5\\].","sortOrder":146},{"sectionNumber":"108C","sectionType":"section","heading":"Notification before carrying out development","content":"#### 108C Notification before carrying out development\n\n108C Notification before carrying out development\n\n> > (1) Before carrying out development to which this division applies, the relevant authority must do the following—\n> > \n> > > (a) request that the council nominate persons who must, in the council’s opinion, be notified of the development,\n> > \n> > > (b) give written notice of the intention to carry out the development to—\n> > > \n> > > > (i) the council, and\n> > > \n> > > > (ii) any persons nominated by the council under paragraph (a), and\n> > > \n> > > > (iii) the occupiers of adjoining land,\n> > \n> > > (c) take into account the responses to the notice that are received within 21 days after the notice is given.\n> \n> > (2) In this section, a reference to the council is a reference to the council for the land on which the development is proposed to be carried out.\n> \n> **s 108C:** Ins 2022 (99), Sch 1\\[14\\]. Am 2022 (349), Sch 1\\[39\\] \\[40\\]; 2023 (120), Sch 4\\[3\\]. Subst 2023 (664), Sch 1\\[60\\].","sortOrder":147},{"sectionNumber":"108CA","sectionType":"section","heading":"Landcom must notify Secretary of Department of Communities and Justice","content":"#### 108CA Landcom must notify Secretary of Department of Communities and Justice\n\n108CA Landcom must notify Secretary of Department of Communities and Justice\n\n> Before carrying out development to which this division applies, Landcom must—\n> \n> > (a) give written notice of the intention to carry out the development to the Secretary of the Department of Communities and Justice, including the measures proposed to ensure the seniors housing will be—\n> > \n> > > (i) used for affordable housing, and\n> > \n> > > (ii) managed by a registered community housing provider, and\n> \n> > (b) take into account the responses to the notice that are received within 21 days after the notice is given.\n> \n> **s 108CA:** Ins 2023 (664), Sch 1\\[60\\].","sortOrder":148},{"sectionNumber":"108CB","sectionType":"section","heading":"Considerations before carrying out development","content":"#### 108CB Considerations before carrying out development\n\n108CB Considerations before carrying out development\n\n> > (1) Before carrying out development to which this division applies, the relevant authority must consider—\n> > \n> > > (a) the Seniors Housing Design Guide, published by the Department in December 2023, and\n> > \n> > > (b) the design principles for seniors housing set out in Schedule 8.\n> \n> > (2) Before carrying out development to which this division applies, the Aboriginal Housing Office must consider the AHO Design Guidelines NSW, published by the Aboriginal Housing Office in January 2020.\n> \n> > (3) Before carrying out development to which this division applies, the Land and Housing Corporation must consider—\n> > \n> > > (a) Good Design for Social Housing, published by the Land and Housing Corporation, in partnership with the Government Architect NSW, in September 2020, and\n> > \n> > > (b) the NSW Land and Housing Corporation Design Requirements, published by the Land and Housing Corporation in February 2023.\n> \n> > (4) Before carrying out development to which this division applies, Landcom must consider the Landcom Affordable Housing Design Guideline, published by Landcom, in partnership with the Government Architect NSW, in November 2023.\n> \n> **s 108CB:** Ins 2023 (664), Sch 1\\[60\\].","sortOrder":149},{"sectionNumber":"108D","sectionType":"section","heading":"Exempt development","content":"#### 108D Exempt development\n\n108D Exempt development\n\n> Development for the purposes of landscaping and gardening is exempt development if it is carried out by or on behalf of a relevant authority in relation to seniors housing.\n> \n> **s 108D:** Ins 2022 (99), Sch 1\\[14\\]. Am 2022 (349), Sch 1\\[41\\].","sortOrder":150},{"sectionNumber":"108E","sectionType":"section","heading":"Subdivision of seniors housing not permitted","content":"#### 108E Subdivision of seniors housing not permitted\n\n108E Subdivision of seniors housing not permitted\n\n> Development consent must not be granted for the subdivision of seniors housing.\n> \n> **s 108E:** Ins 2022 (99), Sch 1\\[14\\].","sortOrder":151},{"sectionNumber":"Part 6","sectionType":"part","heading":"Short-term rental accommodation","content":"# Part 6 Short-term rental accommodation\n\nPart 6 Short-term rental accommodation","sortOrder":152},{"sectionNumber":"109","sectionType":"section","heading":"Aims of Part","content":"#### 109 Aims of Part\n\n109 Aims of Part\n\n> The aims of this Part are as follows—\n> \n> > (a) to support short-term rental accommodation as a home-sharing activity and contributor to local economies, while managing the social and environmental impacts from this use,\n> \n> > (b) to provide for the safety of users of short-term rental accommodation who may be less familiar with the dwelling,\n> \n> > (c) to clarify the types of housing that may be used for the purposes of short-term rental accommodation.","sortOrder":154},{"sectionNumber":"110","sectionType":"section","heading":"Definitions","content":"#### 110 Definitions\n\n110 Definitions\n\n> In this Part—\n> \n> general requirements—see section 113.\n> \n> host means the owner, tenant or permanent resident of a dwelling who uses the dwelling to provide short-term rental accommodation.\n> \n> hosted short-term rental accommodation means short-term rental accommodation provided where the host resides on the premises during the provision of the accommodation.\n> \n> non-hosted short-term rental accommodation means short-term rental accommodation provided where the host does not reside on the premises during the provision of the accommodation.\n> \n> permanent resident of a dwelling means a person who permanently resides at the dwelling.\n> \n> short-term rental accommodation means a dwelling used by the host to provide accommodation in the dwelling on a commercial basis for a temporary or short-term period.\n> \n> tenant has the same meaning as in the [Residential Tenancies Act 2010](/view/html/inforce/current/act-2010-042).","sortOrder":155},{"sectionNumber":"111","sectionType":"section","heading":"Exempt development—hosted short-term rental accommodation","content":"#### 111 Exempt development—hosted short-term rental accommodation\n\n111 Exempt development—hosted short-term rental accommodation\n\n> Development for the purposes of hosted short-term rental accommodation is exempt development if the dwelling meets the general requirements.","sortOrder":157},{"sectionNumber":"112","sectionType":"section","heading":"Exempt development—non-hosted short-term rental accommodation","content":"#### 112 Exempt development—non-hosted short-term rental accommodation\n\n112 Exempt development—non-hosted short-term rental accommodation\n\n> > (1) Development for the purpose of non-hosted short-term rental accommodation is exempt development for the purposes of this Policy if—\n> > \n> > > (a) the dwelling meets the general requirements, and\n> > \n> > > (b) for a dwelling located in a prescribed area—the dwelling is not used for non-hosted short-term rental accommodation for more than 180 days in a 365-day period, and\n> > \n> > > (c) for a dwelling on land in the Byron Shire local government area other than excluded land—the dwelling is not used for non-hosted short-term rental accommodation for more than 60 days in a 365-day period.\n> \n> > (2) In calculating the number of days a dwelling is used for non-hosted short-term rental accommodation, a period of 21 consecutive days or more during which non-hosted short-term rental accommodation is provided to the same person or persons must not be counted.\n> \n> > (3) In this section—\n> > \n> > Clarence Valley Short-term Rental Accommodation Area Map means the [State Environmental Planning Policy (Housing) 2021 Clarence Valley Short-term Rental Accommodation Area Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-housing-2021).\n> > \n> > excluded land means the land identified as “Excluded Land” on the [State Environmental Planning Policy (Housing) 2021 Byron Shire Short-term Rental Accommodation Area Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-housing-2021).\n> > \n> > Muswellbrook Short-term Rental Accommodation Area Map means the [State Environmental Planning Policy (Housing) 2021 Muswellbrook Short-term Rental Accommodation Area Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-housing-2021).\n> > \n> > prescribed area means the following—\n> > \n> > > (a) the Eastern Harbour City, Central River City and Western Parkland City,\n> > \n> > > (b) Ballina local government area,\n> > \n> > > (c) (Repealed)\n> > \n> > > (d) land in the Clarence Valley local government area shown edged heavy black on the [Clarence Valley Short-term Rental Accommodation Area Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-housing-2021),\n> > \n> > > (e) land in the Muswellbrook local government area shown edged heavy black on the [Muswellbrook Short-term Rental Accommodation Area Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-housing-2021).\n> \n> **s 112:** Am 2023 (541), Sch 1\\[1\\]–\\[3\\]; 2023 (664), Sch 1\\[61\\].","sortOrder":158},{"sectionNumber":"113","sectionType":"section","heading":"General requirements","content":"#### 113 General requirements\n\n113 General requirements\n\n> The general requirements for short-term rental accommodation are as follows—\n> \n> > (a) the dwelling must have been lawfully constructed to be used for the purposes of residential accommodation,\n> \n> > (b) the dwelling must not be part of the tenanted component of a building,\n> \n> > (c) the dwelling must comprise, or be part of, residential accommodation other than the following—\n> > \n> > > (i) a boarding house,\n> > \n> > > (ii) co-living housing,\n> > \n> > > (iii) a group home,\n> > \n> > > (iv) a hostel,\n> > \n> > > (v) a rural workers’ dwelling,\n> > \n> > > (vi) seniors housing,\n> \n> > (d) the type of residential accommodation that the dwelling comprises, or is part of, must be permitted with or without development consent on the land on which the dwelling is located,\n> \n> > (e) the dwelling must be registered on the register established under the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689), section 102C,\n> \n> > (f) the dwelling must not be, or be part of, refuge or crisis accommodation provided by—\n> > \n> > > (i) a public or local authority, including the Department of Communities and Justice, the Land and Housing Corporation or the Aboriginal Housing Office, or\n> > \n> > > (ii) another body funded wholly or partly by the Commonwealth or the State,\n> \n> > (g) if the dwelling is classified under the Building Code of Australia as class 1b or class 2–9—\n> > \n> > > (i) the dwelling must have a current fire safety certificate or fire safety statement, or\n> > \n> > > (ii) no fire safety measures are currently implemented, required or proposed for the dwelling,\n> > \n> > Note—\n> > \n> > The [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689) includes fire safety requirements for certain existing buildings or parts of buildings.\n> \n> > (h) the dwelling must not be a moveable dwelling within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030),\n> \n> > (i) the use of the dwelling for the purposes of short-term rental accommodation must otherwise be lawful.\n> > \n> > Note—\n> > \n> > In addition to the requirements set out in this Part, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example—\n> > \n> > > (a) the [Strata Schemes Management Act 2015](/view/html/inforce/current/act-2015-050),section 137A provides that a by-law may prohibit a lot being used for the purposes of a short-term rental accommodation arrangement, and\n> > \n> > > (b) conditions of development consent, or a lease, may impose additional restrictions.\n> \n> **s 113:** Am 2022 (349), Sch 1\\[42\\] \\[43\\]; 2023 (664), Sch 1\\[62\\].","sortOrder":159},{"sectionNumber":"114","sectionType":"section","heading":"Accommodation for relevant construction workers","content":"#### 114 Accommodation for relevant construction workers\n\n114 Accommodation for relevant construction workers\n\n> This part does not apply to development under Part 13.\n> \n> **s 114:** Rep 2023 (541), Sch 1\\[4\\]. Ins 2024 (651), Sch 1\\[1\\]. Am 2025 (291), Sch 1\\[8\\].\n> \n> **ch 6, pt 3, div 3:** Rep 2023 (541), Sch 1\\[4\\].","sortOrder":160},{"sectionNumber":"Part 7","sectionType":"part","heading":"Conversion of certain serviced apartments","content":"# Part 7 Conversion of certain serviced apartments\n\nPart 7 Conversion of certain serviced apartments","sortOrder":162},{"sectionNumber":"115","sectionType":"section","heading":"Application of Part","content":"#### 115 Application of Part\n\n115 Application of Part\n\n> > (1) This Part applies to a building—\n> > \n> > > (a) used for the purposes of serviced apartments, and\n> > \n> > > (b) that has been the subject of a development consent for the use of the building as a residential flat building or shop top housing (the original use).\n> \n> > (2) The consent authority must not consider the Apartment Design Guide before granting development consent under this Part.","sortOrder":163},{"sectionNumber":"116","sectionType":"section","heading":"Conversion of serviced apartments to residential flat buildings or shop top housing","content":"#### 116 Conversion of serviced apartments to residential flat buildings or shop top housing\n\n116 Conversion of serviced apartments to residential flat buildings or shop top housing\n\n> > (1) Development consent may be granted for the change of use of a building to which this section applies from serviced apartments to a residential flat building or shop top housing if—\n> > \n> > > (a) for a change of use to a residential flat building—residential flat buildings are permitted on the land under Chapter 5, Chapter 6 or a relevant planning instrument, and\n> > \n> > > (b) for a change of use to shop top housing—shop top housing is permitted on the land under Chapter 5 or a relevant planning instrument, and\n> > \n> > > (c) the change of use does not involve the carrying out of works, other than to the extent necessary to convert the building to its original use.\n> \n> > (2) In this section—\n> > \n> > original use—see section 115(1)(b).\n> \n> **s 116:** Am 2024 (135), Sch 1\\[10\\]; 2025 (291), Sch 1\\[9\\].","sortOrder":164},{"sectionNumber":"117","sectionType":"section","heading":"Subdivision","content":"#### 117 Subdivision\n\n117 Subdivision\n\n> A residential flat building or shop top housing resulting from a development consent granted under this Part may be subdivided with development consent.","sortOrder":165},{"sectionNumber":"Part 8","sectionType":"part","heading":"Manufactured home estates","content":"# Part 8 Manufactured home estates\n\nPart 8 Manufactured home estates\n\n**ch 3, pt 8:** Ins 2021 (714), Sch 8, sec 2 (provisions transferred from State Environmental Planning Policy No 36—Manufactured Home Estates).","sortOrder":166},{"sectionNumber":"118","sectionType":"section","heading":"Aims and strategies","content":"#### 118 Aims and strategies\n\n118 Aims and strategies\n\n> > (1) The aims of this Part are—\n> > \n> > > (a) to facilitate the establishment of manufactured home estates as a contemporary form of medium density residential development that provides an alternative to traditional housing arrangements, and\n> > \n> > > (b) to provide immediate development opportunities for manufactured home estates on the commencement of this Part, and\n> > \n> > > (c) to encourage the provision of affordable housing in well designed estates, and\n> > \n> > > (d) to ensure that manufactured home estates are situated only in suitable locations and not on land having important resources or having landscape, scenic or ecological qualities that should be preserved, and\n> > \n> > > (e) to ensure that manufactured home estates are adequately serviced and have access to essential community facilities and services, and\n> > \n> > > (f) to protect the environment surrounding manufactured home estates, and\n> > \n> > > (g) to provide measures which will facilitate security of tenure for residents of manufactured home estates.\n> \n> > (2) The strategies by which those aims are to be achieved are—\n> > \n> > > (a) by allowing, with development consent, manufactured home estates on certain land on which caravan parks are permitted if the land meets the suitable locational criteria stipulated in this Part (which it would not do if, for example, it contains important resources, is subject to natural or man-made risks or has sensitive environmental or ecological features), and\n> > \n> > > (b) by applying this Part to areas where there is likely to be a demand and suitable opportunities for the development of manufactured home estates, and\n> > \n> > > (c) by allowing manufactured home estates to be subdivided with development consent either by way of leases for terms of up to 20 years or under the [Community Land Development Act 1989](/view/html/repealed/current/act-1989-201), and\n> > \n> > > (d) by enabling the Minister for Planning to exclude from this Part any land that is subject to a local environmental plan prepared in accordance with the principles of a direction issued in conjunction with this Part under section 117 of the Act.","sortOrder":167},{"sectionNumber":"119","sectionType":"section","heading":"Land to which this Part applies","content":"#### 119 Land to which this Part applies\n\n119 Land to which this Part applies\n\n> > (1) This Part applies to land that is within the City of Gosford or the Shire of Wyong and to all other areas in the State that are outside the Sydney region.\n> \n> > (2) This Part does not apply to—\n> > \n> > > (a) land described in Schedule 5, being land subject to a local environmental plan prepared in accordance with the principles of a direction issued in conjunction with this Part and made under section 117 of the Act, or\n> > \n> > > (b) land less than 18 kilometres from the Siding Spring Observatory within the meaning of clause 5.14 of the standard local environmental planning instrument prescribed by the [Standard Instrument (Local Environmental Plans) Order 2006](/view/html/inforce/current/epi-2006-0155).","sortOrder":168},{"sectionNumber":"120","sectionType":"section","heading":"Relationship to other environmental planning instruments","content":"#### 120 Relationship to other environmental planning instruments\n\n120 Relationship to other environmental planning instruments\n\n> > (1) In the event of an inconsistency between this Part and any other environmental planning instrument whether made before or after this Part, this Part prevails to the extent of the inconsistency.\n> \n> > (2) Nothing in Chapter 3, Part 9 prevents development consent from being granted pursuant to this Part for the use of land for the purposes of a manufactured home estate.","sortOrder":169},{"sectionNumber":"121","sectionType":"section","heading":"Definitions","content":"#### 121 Definitions\n\n121 Definitions\n\n> > (1) Words and expressions used in this Part that are defined in Schedule 7 have the meanings set out in that Schedule.\n> \n> > (2) Notes appearing in this Part are intended to assist understanding of this Part only and are not part of this Part.","sortOrder":170},{"sectionNumber":"122","sectionType":"section","heading":"Where development for the purposes of a manufactured home estate may be carried out","content":"#### 122 Where development for the purposes of a manufactured home estate may be carried out\n\n122 Where development for the purposes of a manufactured home estate may be carried out\n\n> Development for the purposes of a manufactured home estate may be carried out pursuant to this Part on any land on which development for the purposes of a caravan park may be carried out, except—\n> \n> > (a) land within one or more of the categories described in Schedule 6, or\n> \n> > (b) land dedicated or reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), or\n> \n> > (c) land within a Crown reserve.","sortOrder":171},{"sectionNumber":"123","sectionType":"section","heading":"Development consent required for manufactured home estates","content":"#### 123 Development consent required for manufactured home estates\n\n123 Development consent required for manufactured home estates\n\n> > (1) Development for the purposes of a manufactured home estate permitted to be carried out by this Part may be carried out only with the development consent of the council.\n> \n> > (2) A council must not consent to any such development unless it imposes, as a condition of the consent, a requirement that an approval to operate a manufactured home estate on the land on which the development is to be carried out must be obtained under Part 1 of Chapter 7 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> \n> > (3) Nothing in this Part requires a separate development consent to authorise the placing of each manufactured home within a manufactured home estate.","sortOrder":172},{"sectionNumber":"124","sectionType":"section","heading":"Subdivision of manufactured home estates","content":"#### 124 Subdivision of manufactured home estates\n\n124 Subdivision of manufactured home estates\n\n> > (1) Land on which development for the purposes of a manufactured home estate may be lawfully carried out (whether or not because of a development consent granted pursuant to this Part) may be subdivided—\n> > \n> > > (a) under section 289K of the [Local Government Act 1919](/view/html/repealed/current/act-1919-041) for lease purposes, or\n> > \n> > > (b) under the [Community Land Development Act 1989](/view/html/repealed/current/act-1989-201),\n> > \n> > only with the development consent of the council.\n> \n> > (2) A council must not grant a development consent for such a subdivision if any of the lots intended to be created by the proposed subdivision would contravene a requirement of the Local Government (Manufactured Home Estates) Transitional Regulation 1993.\n> \n> > (3) Any prohibition or restriction on the subdivision of land imposed by any other environmental planning instrument (whether made before or after this Part) does not apply to such a subdivision.\n> \n> > (4) This Part does not allow the subdivision of land within a Crown reserve.","sortOrder":173},{"sectionNumber":"125","sectionType":"section","heading":"Matters to be considered by councils","content":"#### 125 Matters to be considered by councils\n\n125 Matters to be considered by councils\n\n> > (1) A council may grant a development consent pursuant to this Part allowing development for the purposes of a manufactured home estate only if it is satisfied—\n> > \n> > > (a) that each of the sites on which a manufactured home is or will be installed within the manufactured home estate is or will be adequately provided with reticulated water, a reticulated sewerage system, drainage and electricity, and\n> > \n> > > (b) that the manufactured home estate is or will be provided with adequate transport services, and\n> > \n> > > (c) that sufficient community facilities and services, whether situated within or outside the estate, are or will be available and reasonably accessible to the residents of the manufactured home estate, and\n> > \n> > > (d) that the development will not have an adverse effect on any—\n> > > \n> > > > • conservation area\n> > > \n> > > > • heritage item\n> > > \n> > > > • waterway or land having special landscape, scenic or ecological qualities,\n> > > \n> > > which is identified in an environmental planning instrument applicable to the land concerned.\n> \n> > (2) A council may grant a development consent pursuant to this Part allowing development for the purposes of a manufactured home estate only after it has considered the following—\n> > \n> > > (a) the cumulative impact of the proposed development and other manufactured home estates in the locality,\n> > \n> > > (b) any relevant guidelines issued by the Director,\n> > \n> > > (c) the provisions of the Local Government (Manufactured Home Estates) Transitional Regulation 1993.","sortOrder":174},{"sectionNumber":"Part 9","sectionType":"part","heading":"Caravan parks","content":"# Part 9 Caravan parks\n\nPart 9 Caravan parks\n\n**ch 3, pt 9:** Ins 2021 (714), Sch 8, sec 3 (provisions transferred from State Environmental Planning Policy No 21—Caravan Parks).","sortOrder":175},{"sectionNumber":"126","sectionType":"section","heading":"Aims, objectives etc","content":"#### 126 Aims, objectives etc\n\n126 Aims, objectives etc\n\n> > (1) The aim of this Part is to encourage—\n> > \n> > > (a) the orderly and economic use and development of land used or intended to be used as a caravan park catering exclusively or predominantly for short-term residents (such as tourists) or for long-term residents, or catering for both, and\n> > \n> > > (b) the proper management and development of land so used, for the purpose of promoting the social and economic welfare of the community, and\n> > \n> > > (c) the provision of community facilities for land so used, and\n> > \n> > > (d) the protection of the environment of, and in the vicinity of, land so used.\n> \n> > (2) The strategies by which that aim is to be achieved are—\n> > \n> > > (a) by requiring that development consent be obtained from the local Council for development for the purposes of caravan parks, and\n> > \n> > > (b) by providing that development consent may be granted that will authorise the use of sites for short-term stays (whether or not by tourists) or for long-term residential purposes, or for both, and\n> > \n> > > (c) by requiring that development consent be obtained from the local Council for the subdivision of land for lease purposes under section 289K of the [Local Government Act 1919](/view/html/repealed/current/act-1919-041).","sortOrder":176},{"sectionNumber":"127","sectionType":"section","heading":"Land to which this Part applies","content":"#### 127 Land to which this Part applies\n\n127 Land to which this Part applies\n\n> > (1) This Part applies to all land in the State that is within a local government area.\n> \n> > (2) This Part does not apply to—\n> > \n> > > (a) land to which [State Environmental Planning Policy (Western Sydney Parklands) 2009](/view/html/repealed/current/epi-2009-0091) applies, or\n> > \n> > > (b) land less than 18 kilometres from the Siding Spring Observatory within the meaning of clause 5.14 of the standard local environmental planning instrument prescribed by the [Standard Instrument (Local Environmental Plans) Order 2006](/view/html/inforce/current/epi-2006-0155).","sortOrder":177},{"sectionNumber":"128","sectionType":"section","heading":"Relationship to other environmental planning instruments","content":"#### 128 Relationship to other environmental planning instruments\n\n128 Relationship to other environmental planning instruments\n\n> > (1) In the event of an inconsistency between this Part and another environmental planning instrument (whether made before or after this Part) this Part prevails to the extent of the inconsistency. This subsection is subject to section 36 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n> \n> > (2) This Part repeals State Environmental Planning Policy No 21—Movable Dwellings.\n> \n> > (3) This Part amends [State Environmental Planning Policy No 26—Littoral Rainforests](/view/html/repealed/current/epi-1988-0111) by omitting clause 10(5).\n> \n> > (4) Nothing in Chapter 3, Part 8 prevents development consent from being granted pursuant to this Part for the use of land as a caravan park in which manufactured homes are or are to be installed or placed.","sortOrder":178},{"sectionNumber":"129","sectionType":"section","heading":"Definition","content":"#### 129 Definition\n\n129 Definition\n\n> In this Part—\n> \n> caravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, installed or placed, but does not include farm stay accommodation.\n> \n> moveable dwelling has the same meaning as it has in the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> \n> **s 129:** Am 2022 (539), Sch 2.","sortOrder":179},{"sectionNumber":"130","sectionType":"section","heading":"Application of certain planning controls to places licensed for movable dwellings","content":"#### 130 Application of certain planning controls to places licensed for movable dwellings\n\n130 Application of certain planning controls to places licensed for movable dwellings\n\n> In any environmental planning instrument (whether made before or after this Part), references (however expressed) to caravan parks or to camping grounds, or to caravan parks and camping grounds, include references to caravan parks, within the meaning of this Part.","sortOrder":180},{"sectionNumber":"131","sectionType":"section","heading":"Development consent required for caravan parks","content":"#### 131 Development consent required for caravan parks\n\n131 Development consent required for caravan parks\n\n> > (1) Development for the purposes of a caravan park may be carried out only with the development consent of the Council.\n> \n> > (2) Before granting development consent to the use of land for the purposes of a caravan park, a Council must determine—\n> > \n> > > (a) the number of sites (if any) within that land that the Council considers are suitable for long-term residence, within the meaning of the Local Government (Caravan Parks and Camping Grounds) Transitional Regulation 1993, and\n> > \n> > > (b) the number of sites (if any) within that land that the Council considers are not suitable for long-term residence, but are suitable for short-term residence, within the meaning of that Regulation.\n> \n> > (3) A Council must not grant development consent to the use of land for the purposes of a caravan park unless it imposes as a condition of that consent a condition specifying the maximum number of sites (if any) within that land that may be used for long-term residence.\n> \n> > (4) The holder of an approval under Part 1 of Chapter 7 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) to operate a caravan park or camping ground on land must not, without the development consent of the Council, allow a person to occupy a site within that land—\n> > \n> > > (a) for a continuous period of more than 3 months, except as provided by paragraph (b), or\n> > \n> > > (b) for a continuous period longer than the period (if any) for which the person is allowed to be accommodated within the land by an extension that has been granted under clause 19(6) of the Local Government (Caravan Parks and Camping Grounds) Transitional Regulation 1993,\n> > \n> > if such a use of that site was not lawful under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) when this Part commenced.\n> \n> > (4A) Except as provided by subsection (4), nothing in this Part or any other environmental planning instrument requires separate development consent to be obtained for the installation or placement of a moveable dwelling on land on which development for the purposes of a caravan park is being lawfully carried out.\n> \n> > (5) This section does not apply to any land that is authorised to be used for the purposes of a manufactured home estate by a development consent granted pursuant to Chapter 3, Part 8 or dedicated or reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080).","sortOrder":181},{"sectionNumber":"132","sectionType":"section","heading":"Subdivision of caravan parks for lease purposes","content":"#### 132 Subdivision of caravan parks for lease purposes\n\n132 Subdivision of caravan parks for lease purposes\n\n> > (1) Land may be subdivided for lease purposes under section 289K of the [Local Government Act 1919](/view/html/repealed/current/act-1919-041), but only with the development consent of the Council.\n> \n> > (2) A Council must not grant such a development consent unless the Council is satisfied that each of the lots intended to be created for lease purposes by the proposed subdivision meets the requirements of the Local Government (Caravan Parks and Camping Grounds) Transitional Regulation 1993 for a site to be used for long-term residence.\n> \n> > (3) Any prohibition or restriction on the subdivision of land imposed by any other environmental planning instrument (whether made before or after this Part) does not apply to a subdivision for lease purposes under section 289K of the [Local Government Act 1919](/view/html/repealed/current/act-1919-041).\n> \n> > (4) This section does not apply to land that is authorised to be used for the purposes of a manufactured home estate by a development consent granted pursuant to Chapter 3, Part 8 or that has been reserved or dedicated for any public purpose under the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058).","sortOrder":182},{"sectionNumber":"133","sectionType":"section","heading":"Matters to be considered by Councils","content":"#### 133 Matters to be considered by Councils\n\n133 Matters to be considered by Councils\n\n> A Council may grant a development consent required by this Part only after it has considered the following—\n> \n> > (a) whether, because of its location or character, the land concerned is particularly suitable for use as a caravan park for tourists or for long-term residence,\n> \n> > (b) whether there is adequate provision for tourist accommodation in the locality of that land, and whether existing or potential tourist accommodation will be displaced by the use of sites for long-term residence,\n> \n> > (c) whether there is adequate low-cost housing, or land available for low-cost housing, in that locality,\n> \n> > (d) whether necessary community facilities and services are available within the caravan park to which the development application relates or in the locality (or both), and whether those facilities and services are reasonably accessible to the occupants of the caravan park,\n> \n> > (e) any relevant guidelines issued by the Director, and\n> \n> > (f) the provisions of the Local Government (Caravan Parks and Camping Grounds) Transitional Regulation 1993.","sortOrder":183},{"sectionNumber":"Part 10","sectionType":"part","heading":"Temporary emergency accommodation","content":"# Part 10 Temporary emergency accommodation\n\nPart 10 Temporary emergency accommodation\n\n**ch 3, pt 10:** Ins 2022 (153), Sch 1.","sortOrder":184},{"sectionNumber":"134","sectionType":"section","heading":"Aims of Part","content":"#### 134 Aims of Part\n\n134 Aims of Part\n\n> The aims of this Part are to—\n> \n> > (a) facilitate temporary emergency accommodation in suitable locations for persons who have been displaced as a result of a natural disaster, and\n> \n> > (b) ensure that temporary emergency accommodation has access to essential facilities and services.\n> \n> **s 134:** Ins 2022 (153), Sch 1.","sortOrder":185},{"sectionNumber":"135","sectionType":"section","heading":"Development consent not required for temporary emergency accommodation","content":"#### 135 Development consent not required for temporary emergency accommodation\n\n135 Development consent not required for temporary emergency accommodation\n\n> > (1) Development for the purposes of caravan parks or camping grounds may be carried out without development consent if all of the following apply—\n> > \n> > > (a) the caravan park or camping ground will only be used to provide temporary emergency accommodation to persons—\n> > > \n> > > > (i) who have been displaced as a result of a natural disaster, or\n> > > \n> > > > (ii) carrying out construction work on behalf of the public authority, or\n> > > \n> > > > (iii) providing services to persons specified in subparagraph (i) with the consent of the public authority referred to in paragraph (b),\n> > \n> > > (b) the development is carried out by or on behalf of a public authority,\n> > \n> > > (c) the development is carried out within 5 years of the natural disaster occurring,\n> > \n> > > (d) the development is carried out on land that—\n> > > \n> > > > (i) is supplied with water and electricity, and\n> > > \n> > > > (ii) is provided with sewerage and drainage services, and\n> > > \n> > > > (iii) has access to communal amenities,\n> > \n> > > (e) each moveable dwelling or tent, annexe or other similar portable and lightweight temporary shelter is—\n> > > \n> > > > (i) installed or placed on the land in a way that does not adversely impact the amenity of the land or the health and safety of persons occupying the caravan park or camping ground, including by mitigating the risk of fire, and\n> > > \n> > > > (ii) removed from the land within 5 years of being installed or placed on the land.\n> \n> > (2) Part 9 does not apply to development specified in this section.\n> \n> **s 135:** Ins 2022 (153), Sch 1. Am 2022 (274), Sch 2.","sortOrder":186},{"sectionNumber":"Part 11","sectionType":"part","heading":"Residential accommodation for flood recovery","content":"# Part 11 Residential accommodation for flood recovery\n\nPart 11 Residential accommodation for flood recovery\n\n**ch 3, pt 11:** Ins 2022 (833), Sch 2\\[1\\].","sortOrder":187},{"sectionNumber":"136","sectionType":"section","heading":"Definitions","content":"#### 136 Definitions\n\n136 Definitions\n\n> In this Part—\n> \n> coastal vulnerability area has the same meaning as in [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 2.\n> \n> coastal wetlands and littoral rainforests area has the same meaning as in [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 2.\n> \n> declared area of outstanding biodiversity value has the same meaning as in the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063).\n> \n> flood planning area has the same meaning as in the Flood Risk Management Manual.\n> \n> forestry area has the same meaning as in the [Forestry Act 2012](/view/html/inforce/current/act-2012-096).\n> \n> Northern Rivers Reconstruction Corporation means the Northern Rivers Reconstruction Corporation constituted under the [Growth Centres (Development Corporations) Act 1974](/view/html/inforce/current/act-1974-049), section 4.\n> \n> NSW Reconstruction Authority means the NSW Reconstruction Authority established under the [NSW Reconstruction Authority Act 2022](/view/html/inforce/current/act-2022-080), section 7.\n> \n> standard development application means a development application not made in reliance on a site compatibility certificate issued under this Part.\n> \n> **s 136:** Ins 2022 (833), Sch 2\\[1\\]. Am 2023 (609), Sch 2.18\\[2\\]; 2023 (664), Sch 1\\[63\\].","sortOrder":188},{"sectionNumber":"137","sectionType":"section","heading":"Land to which Part applies","content":"#### 137 Land to which Part applies\n\n137 Land to which Part applies\n\n> > (1) This Part applies to land in the Lismore City local government area.\n> \n> > (2) This Part does not apply to land—\n> > \n> > > (a) in a flood planning area, or\n> > \n> > > (b) in a conservation zone, or\n> > \n> > > (c) in a forestry area, or\n> > \n> > > (d) reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), or\n> > \n> > > (e) in the coastal wetlands and littoral rainforests area, or\n> > \n> > > (f) in the coastal vulnerability area, or\n> > \n> > > (g) in a declared area of outstanding biodiversity value, or\n> > \n> > > (h) included on the [Biodiversity Values Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-housing-2021) published under the [Biodiversity Conservation Regulation 2017](/view/html/inforce/current/sl-2017-0432), clause 7.3, or\n> > \n> > > (i) that is a natural wetland.\n> \n> **s 137:** Ins 2022 (833), Sch 2\\[1\\].","sortOrder":189},{"sectionNumber":"138","sectionType":"section","heading":"Residential development permitted with development consent","content":"#### 138 Residential development permitted with development consent\n\n138 Residential development permitted with development consent\n\n> > (1) The following development may be carried out with development consent on land to which this Part applies—\n> > \n> > > (a) development for the purposes of residential accommodation,\n> > \n> > > (b) the subdivision of land proposed to be used for the purposes of residential accommodation.\n> \n> > (2) Development consent must not be granted to the development unless the consent authority is satisfied—\n> > \n> > > (a) a site compatibility certificate has been issued for the development under this Part, and\n> > \n> > > (b) the development will comply with the requirements, if any, specified in the certificate.\n> \n> > (3) This Part does not apply to development that would be permissible without this Part.\n> \n> **s 138:** Ins 2022 (833), Sch 2\\[1\\].","sortOrder":190},{"sectionNumber":"139","sectionType":"section","heading":"Application for site compatibility certificate","content":"#### 139 Application for site compatibility certificate\n\n139 Application for site compatibility certificate\n\n> > (1) Either of the following may apply to the Planning Secretary for a site compatibility certificate for development to which this Part applies—\n> > \n> > > (a) the Northern Rivers Reconstruction Corporation,\n> > \n> > > (b) the NSW Reconstruction Authority.\n> \n> > (2) The application must be—\n> > \n> > > (a) in the form approved by the Planning Secretary, and\n> > \n> > > (b) accompanied by the documents required by the Planning Secretary, and\n> > \n> > > (c) submitted within 3 years of the commencement of this Part.\n> \n> > (3) The Planning Secretary must publish the application on the NSW planning portal as soon as practicable after receiving the application.\n> \n> > (4) The Planning Secretary may request further information or documents from the applicant for the purposes of assessing the application.\n> \n> **s 139:** Ins 2022 (833), Sch 2\\[1\\].","sortOrder":191},{"sectionNumber":"140","sectionType":"section","heading":"Consultation by Planning Secretary","content":"#### 140 Consultation by Planning Secretary\n\n140 Consultation by Planning Secretary\n\n> > (1) The Planning Secretary must consult the following before determining an application for a site compatibility certificate—\n> > \n> > > (a) if the application relates to bush fire prone land—the NSW Rural Fire Service,\n> > \n> > > (b) if a single local planning panel has been constituted for the Lismore City local government area—the panel,\n> > \n> > > (c) if a single local planning panel has not been constituted for the Lismore City local government area—Lismore City Council.\n> \n> > (2) The Planning Secretary must—\n> > \n> > > (a) send a copy of the application to each body the Planning Secretary is required to consult under subsection (1) within 7 days of receiving the application, and\n> > \n> > > (b) request that comments on the application be provided by the body within 14 days of receiving the request.\n> \n> **s 140:** Ins 2022 (833), Sch 2\\[1\\].","sortOrder":192},{"sectionNumber":"141","sectionType":"section","heading":"Issue of site compatibility certificate","content":"#### 141 Issue of site compatibility certificate\n\n141 Issue of site compatibility certificate\n\n> > (1) The Planning Secretary may—\n> > \n> > > (a) issue a site compatibility certificate if the Planning Secretary considers the proposed development is suitable for the site, or\n> > \n> > > (b) refuse to issue a site compatibility certificate.\n> \n> > (2) The Planning Secretary may refuse to issue a site compatibility certificate if the Planning Secretary considers development consent for development on the land should be sought using a standard development application.\n> \n> > (3) In determining whether the proposed development is suitable for the site, the Planning Secretary must consider the following—\n> > \n> > > (a) comments received, within 14 days of the request being made, from a body the Planning Secretary was required to consult under section 140,\n> > \n> > > (b) regional strategic plans for the region the land is in,\n> > \n> > > (c) the suitability of the development having regard to, and the impact on, the use of the land the application relates to and surrounding land uses, including—\n> > > \n> > > > (i) existing and approved land uses, and\n> > > \n> > > > (ii) land uses that, in the opinion of the Planning Secretary, are likely to be the preferred future uses of the land,\n> > \n> > > (d) the services and infrastructure that are or will be available to meet the demands arising from the development,\n> > \n> > > (e) whether the development is likely to have an adverse impact on the environmental values of the land the application relates to or surrounding land,\n> > \n> > > (f) whether there are unacceptable environmental hazards or risks on the land the application relates to or surrounding land,\n> > \n> > > (g) the ability to evacuate the land the application relates to during a flood,\n> > \n> > > (h) if the application relates to bush fire prone land—the requirements of Planning for Bush Fire Protection.\n> \n> > (4) If the site compatibility certificate is issued, the applicant must notify persons who own or occupy adjoining land.\n> \n> > (5) A site compatibility certificate may specify development standards and other requirements that apply to the development.\n> \n> > (6) A site compatibility certificate is valid for—\n> > \n> > > (a) the period specified in the certificate, or\n> > \n> > > (b) if no period is specified—5 years.\n> \n> > (7) A development application submitted, but not finally determined, during the period the site compatibility certificate is valid must be determined as if the certificate is still valid.\n> \n> > (8) A site compatibility certificate continues to apply to the land to which it relates for the period the certificate is valid despite a change in ownership of the land.\n> \n> **s 141:** Ins 2022 (833), Sch 2\\[1\\]. Am 2023 (664), Sch 1\\[64\\].","sortOrder":193},{"sectionNumber":"Part 12","sectionType":"part","heading":null,"content":"# Part 12\n\nPart 12\n\n141A–141C\n\n**ch 3, pt 12:** Ins 2024 (274), Sch 1. Rep 2025 (81), Sch 1\\[2\\].\n\n**s 141A:** Ins 2024 (274), Sch 1. Rep 2025 (81), Sch 1\\[2\\].\n\n**s 141B:** Ins 2024 (274), Sch 1. Am 2024 (652), Sch 1\\[2\\]. Rep 2025 (81), Sch 1\\[2\\].\n\n**s 141C:** Ins 2024 (274), Sch 1. Rep 2025 (81), Sch 1\\[2\\].","sortOrder":194},{"sectionNumber":"Part 13","sectionType":"part","heading":"Accommodation for relevant construction workers","content":"# Part 13 Accommodation for relevant construction workers\n\nPart 13 Accommodation for relevant construction workers\n\n**ch 3, pt 13, hdg:** Ins 2024 (651), Sch 1\\[2\\]. Am 2025 (291), Sch 1\\[10\\].\n\n**ch 3, pt 13:** Ins 2024 (651), Sch 1\\[2\\].","sortOrder":195},{"sectionNumber":"141D","sectionType":"section","heading":"Definitions","content":"#### 141D Definitions\n\n141D Definitions\n\n> In this part—\n> \n> campervan has the same meaning as in the [Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021](/view/html/inforce/current/sl-2021-0461).\n> \n> caravan has the same meaning as in the [Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021](/view/html/inforce/current/sl-2021-0461).\n> \n> construction workers accommodation means a place that is—\n> \n> > (a) used to provide at least 5 dwellings for relevant construction workers in moveable dwellings, other than campervans, caravans or tents, and\n> \n> > (b) related to the construction of 1 or more of the following—\n> > \n> > > (i) relevant electricity infrastructure development,\n> > \n> > > (ii) State significant development specified in [State Environmental Planning Policy (Planning Systems) 2021](/view/html/inforce/current/epi-2021-0724), Schedule 1, sections 5, 7, 17, 18 or 19 for which a development application has been made,\n> > \n> > > (iii) State significant infrastructure specified in [State Environmental Planning Policy (Planning Systems) 2021](/view/html/inforce/current/epi-2021-0724), Schedule 3, sections 1, 2, 3, 4 or 5 for which an application for the Minister’s approval has been made.\n> \n> electricity infrastructure development means development for the following purposes that is associated with development in a renewable energy zone—\n> \n> > (a) electricity generating works, within the meaning of [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Part 2.3, Division 4,\n> \n> > (b) electricity transmission or distribution networks, within the meaning of [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Part 2.3, Division 5.\n> \n> Guidelines means the Guidelines For Construction Workers Accommodation published by the Department in May 2025.\n> \n> relevant construction worker means a worker employed or engaged in connection with the construction of the following development, including a construction worker or other worker providing services to construction workers—\n> \n> > (a) relevant electricity infrastructure development,\n> \n> > (b) State significant development specified in [State Environmental Planning Policy (Planning Systems) 2021](/view/html/inforce/current/epi-2021-0724), Schedule 1, sections 5, 7, 17, 18 or 19 for which a development application has been made,\n> \n> > (c) State significant infrastructure specified in [State Environmental Planning Policy (Planning Systems) 2021](/view/html/inforce/current/epi-2021-0724), Schedule 3, sections 1, 2, 3, 4 or 5 for which an application for the Minister’s approval has been made.\n> \n> relevant electricity infrastructure development means electricity infrastructure development that is either—\n> \n> > (a) State significant development for which a development application has been made, or\n> \n> > (b) State significant infrastructure for which an application for the Minister’s approval has been made.\n> \n> renewable energy zone has the same meaning as in the [Electricity Infrastructure Investment Act 2020](/view/html/inforce/current/act-2020-044).\n> \n> **s 141D:** Ins 2024 (651), Sch 1\\[2\\]. Am 2025 (291), Sch 1\\[11\\]–\\[14\\]; 2025 (512), Sch 1\\[13\\]–\\[21\\].","sortOrder":196},{"sectionNumber":"141E","sectionType":"section","heading":"Application of part","content":"#### 141E Application of part\n\n141E Application of part\n\n> This part applies to development for the purposes of construction workers accommodation on land in a local government area specified in the following table—\n> \n> | Local government areas |\n> | Armidale Regional, Balranald, Cabonne, Carrathool, Central Coast, City of Cessnock, Dubbo Regional, Dungog, Edward River, Gilgandra, Glen Innes Severn Shire, Hay, Inverell, Kiama, City of Lake Macquarie, Liverpool Plains, City of Maitland, Mid-Western Regional, Murray River, Murrumbidgee, Muswellbrook, Narromine, City of Newcastle, Port Stephens, City of Shellharbour, Singleton, Tamworth Regional, Tenterfield, Upper Hunter Shire, Uralla, Walcha, Warren, Warrumbungle Shire, Wentworth, Wingecarribee and City of Wollongong |\n> \n> **s 141E:** Ins 2024 (651), Sch 1\\[2\\].","sortOrder":197},{"sectionNumber":"141F","sectionType":"section","heading":"Construction workers accommodation permitted with development consent","content":"#### 141F Construction workers accommodation permitted with development consent\n\n141F Construction workers accommodation permitted with development consent\n\n> > (1) Development for the purposes of construction workers accommodation is permitted with development consent on land to which this part applies that is—\n> > \n> > > (a) in a residential zone, or\n> > \n> > > (b) in another zone, other than the following zones, but only if the consent authority is satisfied it is appropriate in the circumstances—\n> > > \n> > > > (i) Zone RU3 Forestry,\n> > > \n> > > > (ii) a recreation zone,\n> > > \n> > > > (iii) a conservation zone,\n> > > \n> > > > (iv) a waterway zone.\n> \n> > (2) For subsection (1)(b), in determining whether development for the purposes of construction workers accommodation is appropriate in another zone, the consent authority must have regard to the Guidelines.\n> \n> > (3) Subsection (1) does not apply unless the consent authority is satisfied that the development—\n> > \n> > > (a) will be carried out by or on behalf of a public authority, or\n> > \n> > > (b) the development is related to—\n> > > \n> > > > (i) relevant electricity infrastructure development to which a development consent or approval of the Minister is in force, or\n> > > \n> > > > (ii) State significant development specified in [State Environmental Planning Policy (Planning Systems) 2021](/view/html/inforce/current/epi-2021-0724), Schedule 1, sections 5, 7, 17, 18 or 19 for which consent has been granted, or\n> > > \n> > > > (iii) State significant infrastructure specified in [State Environmental Planning Policy (Planning Systems) 2021](/view/html/inforce/current/epi-2021-0724), Schedule 3, sections 1, 2, 3, 4 or 5 that has been approved.\n> \n> **s 141F:** Ins 2024 (651), Sch 1\\[2\\]. Subst 2025 (512), Sch 1\\[22\\].","sortOrder":198},{"sectionNumber":"141G","sectionType":"section","heading":"Duration of development","content":"#### 141G Duration of development\n\n141G Duration of development\n\n> > (1) Development consent must not be granted to development under this part unless the consent authority is satisfied that—\n> > \n> > > (a) all moveable dwellings and ancillary buildings installed or erected as part of the development will be removed from the land as soon as practicable after 2 years of being installed, and\n> > \n> > > (b) the development will not prejudice the subsequent carrying out of development on the land in accordance with any applicable environmental planning instrument.\n> \n> > (2) Despite subsection (1)(a), development consent may be granted to development where all moveable dwellings and ancillary buildings will not be removed after 2 years if the consent authority is satisfied it is appropriate in the circumstances, having regard to the Guidelines.\n> \n> **s 141G:** Ins 2024 (651), Sch 1\\[2\\].","sortOrder":199},{"sectionNumber":"141H","sectionType":"section","heading":"Transport, parking and other infrastructure","content":"#### 141H Transport, parking and other infrastructure\n\n141H Transport, parking and other infrastructure\n\n> Development consent must not be granted to development under this part unless the consent authority is satisfied there will be—\n> \n> > (a) adequate transport infrastructure and parking for relevant construction workers and visitors, and\n> \n> > (b) adequate infrastructure for the relevant construction workers, including electricity, internet services, telecommunication services, water and sewerage.\n> \n> **s 141H:** Ins 2024 (651), Sch 1\\[2\\]. Am 2025 (291), Sch 1\\[15\\] \\[16\\].","sortOrder":200},{"sectionNumber":"141I","sectionType":"section","heading":"Consideration of impact of development","content":"#### 141I Consideration of impact of development\n\n141I Consideration of impact of development\n\n> Development consent must not be granted to development under this part unless the consent authority is satisfied—\n> \n> > (a) the development is designed, and will be located and managed, to avoid a significant adverse impact on the following—\n> > \n> > > (i) the land or adjacent land, including the impact on biodiversity, stormwater, run-off, contamination and groundwater,\n> > \n> > > (ii) the capacity of the existing road network, including in relation to the movement of livestock,\n> > \n> > > (iii) agriculture on the land or adjacent land,\n> > \n> > > (iv) the local character and scenic quality,\n> > \n> > > (v) the amenity of adjacent residential development, and\n> \n> > (b) the risk of hazards, including bush fires and flooding, will be appropriately minimised and managed, and\n> \n> > (c) the adverse impact on existing utilities infrastructure, including electricity, water and sewage, will be minimised.\n> \n> **s 141I:** Ins 2024 (651), Sch 1\\[2\\].","sortOrder":201},{"sectionNumber":"141J","sectionType":"section","heading":"Location of construction workers accommodation","content":"#### 141J Location of construction workers accommodation\n\n141J Location of construction workers accommodation\n\n> In deciding whether to grant development consent, the consent authority must consider whether—\n> \n> > (a) the development is located within a reasonable distance from the relevant construction workers’ place of employment, and\n> \n> > (b) there is adequate access to the development for emergency services vehicles.\n> \n> **s 141J:** Ins 2024 (651), Sch 1\\[2\\]. Am 2025 (291), Sch 1\\[17\\].","sortOrder":202},{"sectionNumber":"141K","sectionType":"section","heading":"Development on bush fire prone land and grasslands","content":"#### 141K Development on bush fire prone land and grasslands\n\n141K Development on bush fire prone land and grasslands\n\n> > (1) Development consent must not be granted to development on bush fire prone land or on grasslands unless the consent authority has considered the following matters—\n> > \n> > > (a) access to and egress from the development if there is a bush fire,\n> > \n> > > (b) any additional measures or emergency procedures required for the site, if the site is not in an urban area or is otherwise remote.\n> \n> > (2) In this section—\n> > \n> > grasslands has the same meaning as in Planning for Bush Fire Protection, ISBN 978 0 646 99126 9, prepared by the NSW Rural Fire Service in co-operation with the Department and dated November 2019.\n> \n> **s 141K:** Ins 2024 (651), Sch 1\\[2\\].","sortOrder":203},{"sectionNumber":"141L","sectionType":"section","heading":"Subdivision of land","content":"#### 141L Subdivision of land\n\n141L Subdivision of land\n\n> Development consent must not be granted to the subdivision of the following land—\n> \n> > (a) land on which construction workers accommodation is erected,\n> \n> > (b) land in relation to which there is a development consent in force for the erection of construction workers accommodation,\n> \n> > (c) land in relation to which a development application for development for the purposes of construction workers accommodation has been made but not finally determined.\n> \n> **s 141L:** Ins 2024 (651), Sch 1\\[2\\].","sortOrder":204},{"sectionNumber":"Part 14","sectionType":"part","heading":"Temporary housing","content":"# Part 14 Temporary housing\n\nPart 14 Temporary housing\n\n**ch 3, pt 14:** Ins 2024 (652), Sch 1\\[3\\].","sortOrder":205},{"sectionNumber":"141M","sectionType":"section","heading":"Definitions","content":"#### 141M Definitions\n\n141M Definitions\n\n> In this part—\n> \n> dwelling includes—\n> \n> > (a) a private room, or suite of rooms, in a residential care facility, tourist and visitor accommodation or accommodation ancillary to an educational establishment or place of public worship, and\n> \n> > (b) health consulting rooms, and\n> \n> > (c) a private room, or suite of rooms, in a hospital, and\n> \n> > (d) patient care areas in a hospital within the meaning of the Building Code of Australia.\n> \n> general requirements—see section 141O.\n> \n> occupation date, in relation to a dwelling, means the day on which the dwelling is first used as temporary housing for the purposes of this part.\n> \n> temporary housing means a dwelling used by a relevant authority or social housing provider as a place of residence for occupiers on a temporary basis.\n> \n> **s 141M:** Ins 2024 (652), Sch 1\\[3\\]. Am 2025 (291), Sch 1\\[18\\].","sortOrder":207},{"sectionNumber":"141N","sectionType":"section","heading":"Object of part","content":"#### 141N Object of part\n\n141N Object of part\n\n> The object of this part is to provide a low-impact pathway for existing accommodation to be re-purposed by a relevant authority or social housing provider as temporary housing.\n> \n> **s 141N:** Ins 2024 (652), Sch 1\\[3\\].","sortOrder":208},{"sectionNumber":"141O","sectionType":"section","heading":"General requirements for temporary housing","content":"#### 141O General requirements for temporary housing\n\n141O General requirements for temporary housing\n\n> > (1) The general requirements for temporary housing are as follows—\n> > \n> > > (a) the development must not involve—\n> > > \n> > > > (i) the erection of a new building, or\n> > > \n> > > > (ii) alterations of, or additions to, a building, other than alterations or additions that meet the requirements specified in section 141P,\n> > \n> > > (b) the dwelling must have been lawfully used for one of the following purposes at a time before the occupation date—\n> > > \n> > > > (i) residential accommodation, including residential accommodation used as supportive accommodation within the meaning of section 34,\n> > > \n> > > > (ii) tourist and visitor accommodation,\n> > > \n> > > > (iii) health consulting rooms,\n> > > \n> > > > (iv) a hospital,\n> > > \n> > > > (v) accommodation ancillary to an educational establishment or place of public worship, including campus student accommodation within the meaning of [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 3.\n> > \n> > > (c) the building containing the dwelling must be on land serviced by reticulated water and sewerage systems,\n> > \n> > > (d) the relevant authority or social housing provider must give the council for the local government area in which the dwelling is located written notice of the proposed occupation date before the dwelling is used as temporary housing under this part.\n> \n> > (2) In this section—\n> > \n> > residential accommodation means residential accommodation other than rural workers’ dwellings.\n> > \n> > tourist and visitor accommodation means tourist and visitor accommodation other than bed and breakfast accommodation or farm stay accommodation.\n> \n> **s 141O:** Ins 2024 (652), Sch 1\\[3\\]. Am 2025 (291), Sch 1\\[19\\] \\[20\\].","sortOrder":209},{"sectionNumber":"141P","sectionType":"section","heading":"Alterations or additions","content":"#### 141P Alterations or additions\n\n141P Alterations or additions\n\n> The requirements for alterations or additions are the following—\n> \n> > (a) the alteration or addition—\n> > \n> > > (i) must be development specified in the Codes SEPP, Part 8, and\n> > \n> > > (ii) must comply with the development standards in the Codes SEPP, Part 8, Division 2, other than the development standard in section 8.3(f)(i),\n> \n> > (b) the alteration or addition must not cause the building to contravene the Building Code of Australia.\n> \n> **s 141P:** Ins 2024 (652), Sch 1\\[3\\]. Am 2025 (291), Sch 1\\[21\\].","sortOrder":210},{"sectionNumber":"141Q","sectionType":"section","heading":"Exempt development","content":"#### 141Q Exempt development\n\n141Q Exempt development\n\n> > (1) Development for the purposes of temporary housing that is carried out by or on behalf of a relevant authority or social housing provider is exempt development if—\n> > \n> > > (a) the development meets the general requirements for temporary housing, and\n> > \n> > > (b) the dwelling—\n> > > \n> > > > (i) is in a class 1a building within the meaning of the Building Code of Australia, and\n> > > \n> > > > (ii) is not occupied by more than a single household at a time, and\n> > > \n> > > > (iii) is not used for temporary housing after the day that is 5 years from the occupation date, and\n> > > \n> > > > (iv) is not in a hospital, and\n> > > \n> > > > (v) was not, before the development is carried out, residential accommodation used as supportive accommodation within the meaning of section 34, and\n> > > \n> > > > (vi) was not, before the development is carried out, accommodation ancillary to an educational establishment or place of public worship.\n> \n> > (2) Despite subsection (1), development for the purposes of temporary housing that is carried out by or on behalf of a relevant authority or social housing provider is not exempt development if the dwelling is—\n> > \n> > > (a) accommodation in a hospital, or\n> > \n> > > (b) accommodation ancillary to—\n> > > \n> > > > (i) educational establishments, or\n> > > \n> > > > (ii) places of public worship.\n> \n> **s 141Q:** Ins 2024 (652), Sch 1\\[3\\]. Am 2025 (291), Sch 1\\[22\\] \\[23\\].","sortOrder":212},{"sectionNumber":"141R","sectionType":"section","heading":"Complying development","content":"#### 141R Complying development\n\n141R Complying development\n\n> > (1) Development for the purposes of temporary housing that is carried out by or on behalf of a relevant authority or social housing provider is complying development if—\n> > \n> > > (a) the development is not exempt development, and\n> > \n> > > (b) the development meets the general requirements for temporary housing, and\n> > \n> > > (c) the dwelling is in an existing building that complies with the development standards specified in Schedule 2A.\n> \n> > (2) The Codes SEPP, section 1.17A(1)(d) does not apply to development under this division.\n> \n> **s 141R:** Ins 2024 (652), Sch 1\\[3\\].","sortOrder":214},{"sectionNumber":"141S","sectionType":"section","heading":"Complying development certificate conditions","content":"#### 141S Complying development certificate conditions\n\n141S Complying development certificate conditions\n\n> > (1) A complying development certificate for complying development under this division is subject to the following conditions—\n> > \n> > > (a) for development that includes alterations or additions—the conditions specified in the Codes SEPP, Schedule 10,\n> > \n> > > (b) the relevant authority or social housing provider that carries out the development must be contactable by the following persons—\n> > > \n> > > > (i) occupiers of a dwelling occupied for the purposes of temporary housing,\n> > > \n> > > > (ii) occupiers of the building containing the dwelling,\n> > \n> > > (c) before carrying out the development, the relevant authority or social housing provider must—\n> > > \n> > > > (i) prepare a plan (a temporary housing management plan) of how the temporary housing resulting from the development will be managed that includes the information specified in section 141T(1), and\n> > > \n> > > > (ii) provide a copy of the plan to the persons specified in section 141T(2), and\n> > \n> > > (d) the dwelling must not be used for the purposes of temporary housing after the day that is 5 years from the proposed occupation date specified in the temporary housing management plan.\n> \n> > (2) If the development is carried out by a person on behalf of the relevant authority or social housing provider, a reference to relevant authority or social housing provider in this section is taken to be a reference to the person.\n> \n> **s 141S:** Ins 2024 (652), Sch 1\\[3\\].","sortOrder":215},{"sectionNumber":"141T","sectionType":"section","heading":"Temporary housing management plan","content":"#### 141T Temporary housing management plan\n\n141T Temporary housing management plan\n\n> > (1) A temporary housing management plan must contain the following information—\n> > \n> > > (a) the proposed occupation date for each dwelling to be used for temporary housing,\n> > \n> > > (b) the contact details for the relevant authority or social housing provider,\n> > \n> > > (c) the procedure for the making, management and resolution of complaints,\n> > \n> > > (d) on-site safety procedures including fire exits and alarms,\n> > \n> > > (e) if the dwelling is in a building on bush fire prone land or flood prone land—arrangements for emergencies and evacuations.\n> \n> > (2) The plan must be given to the following persons—\n> > \n> > > (a) the council for the local government area in which the temporary housing is located,\n> > \n> > > (b) each occupier of the building containing the temporary housing,\n> > \n> > > (c) if the temporary housing is in a building on bush fire prone land—the NSW Rural Fire Service,\n> > \n> > > (d) if the dwelling is in a building on flood prone land—the State Emergency Service.\n> \n> **s 141T:** Ins 2024 (652), Sch 1\\[3\\].","sortOrder":216},{"sectionNumber":"142","sectionType":"section","heading":"Aims of chapter","content":"#### 142 Aims of chapter\n\n142 Aims of chapter\n\n> > (1) The aim of this chapter is to improve the design of residential apartment development in New South Wales for the following purposes—\n> > \n> > > (a) to ensure residential apartment development contributes to the sustainable development of New South Wales by—\n> > > \n> > > > (i) providing socially and environmentally sustainable housing, and\n> > > \n> > > > (ii) being a long-term asset to the neighbourhood, and\n> > > \n> > > > (iii) achieving the urban planning policies for local and regional areas,\n> > \n> > > (b) to achieve better built form and aesthetics of buildings, streetscapes and public spaces,\n> > \n> > > (c) to maximise the amenity, safety and security of the residents of residential apartment development and the community,\n> > \n> > > (d) to better satisfy the increasing demand for residential apartment development, considering—\n> > > \n> > > > (i) the changing social and demographic profile of the community, and\n> > > \n> > > > (ii) the needs of a wide range of people, including persons with disability, children and seniors,\n> > \n> > > (e) to contribute to the provision of a variety of dwelling types to meet population growth,\n> > \n> > > (f) to support housing affordability,\n> > \n> > > (g) to minimise the consumption of energy from non-renewable resources, to conserve the environment and to reduce greenhouse gas emissions,\n> > \n> > > (h) to facilitate the timely and efficient assessment of development applications to which this chapter applies.\n> \n> > (2) This chapter recognises that the design of residential apartment development is significant because of the economic, environmental, cultural and social benefits of high quality design.\n> \n> **s 142:** Ins 2023 (664), Sch 1\\[65\\].","sortOrder":217},{"sectionNumber":"143","sectionType":"section","heading":"Land to which chapter applies","content":"#### 143 Land to which chapter applies\n\n143 Land to which chapter applies\n\n> This chapter applies to the whole of the State, other than land to which [State Environmental Planning Policy (Precincts—Regional) 2021](/view/html/inforce/current/epi-2021-0727), Chapter 4 applies.\n> \n> **s 143:** Ins 2023 (664), Sch 1\\[65\\].","sortOrder":218},{"sectionNumber":"144","sectionType":"section","heading":"Application of chapter","content":"#### 144 Application of chapter\n\n144 Application of chapter\n\n> > (1) In this policy, development to which this chapter applies is referred to as residential apartment development.\n> \n> > (2) This chapter applies to the following—\n> > \n> > > (a) development for the purposes of residential flat buildings,\n> > \n> > > (b) development for the purposes of shop top housing,\n> > \n> > > (c) mixed use development with a residential accommodation component that does not include boarding houses or co-living housing, unless a local environmental plan provides that mixed use development including boarding houses or co-living housing is residential apartment development for this chapter.\n> \n> > (3) This chapter applies to development only if—\n> > \n> > > (a) the development consists of—\n> > > \n> > > > (i) the erection of a new building, or\n> > > \n> > > > (ii) the substantial redevelopment or substantial refurbishment of an existing building, or\n> > > \n> > > > (iii) the conversion of an existing building, and\n> > \n> > > (b) the building is at least 3 storeys, not including underground car parking storeys, and\n> > \n> > > (c) the building contains at least 4 dwellings.\n> \n> > (4) If particular development comprises development for the purposes specified in subsection (2) and development for other purposes, this chapter applies only to the part of the development for the purposes specified in subsection (2).\n> \n> > (5) This chapter does not apply to development that involves only a class 1a or 1b building within the meaning of the Building Code of Australia.\n> \n> > (6) To avoid doubt, development to which Chapter 2, Part 2, Division 1, 5 or 6 or Chapter 5 or Chapter 6 applies may also be residential apartment development under this chapter.\n> \n> > (7) In this section—\n> > \n> > underground car parking storey means a storey used for car parking that is—\n> > \n> > > (a) below ground level (existing), or\n> > \n> > > (b) less than 1.2m above ground level (existing).\n> \n> **s 144:** Ins 2023 (664), Sch 1\\[65\\]. Am 2024 (135), Sch 1\\[11\\]; 2025 (291), Sch 1\\[24\\].","sortOrder":219},{"sectionNumber":"145","sectionType":"section","heading":"Referral to design review panel for development applications","content":"#### 145 Referral to design review panel for development applications\n\n145 Referral to design review panel for development applications\n\n> > (1) This section applies to a development application for residential apartment development, other than State significant development.\n> \n> > (2) Before determining the development application, the consent authority must refer the application to the design review panel for the local government area in which the development will be carried out for advice on the quality of the design of the development.\n> \n> > (3) This section does not apply if—\n> > \n> > > (a) a design review panel has not been constituted for the local government area in which the development will be carried out, or\n> > \n> > > (b) a competitive design process has been held.\n> \n> > (4) In this section—\n> > \n> > competitive design process means a design competition held in accordance with the Design Competition Guidelines published by the Department in September 2023.\n> \n> **s 145:** Ins 2023 (664), Sch 1\\[65\\].","sortOrder":220},{"sectionNumber":"146","sectionType":"section","heading":"Referral to design review panel for modification applications","content":"#### 146 Referral to design review panel for modification applications\n\n146 Referral to design review panel for modification applications\n\n> > (1) This section applies to a modification application for residential apartment development, other than State significant development.\n> \n> > (2) If the statement by the qualified designer required to accompany the modification application under the [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759), section 102(1) does not verify that the qualified designer designed, or directed the design of, the original development, the consent authority must refer the modification application to the relevant design review panel for advice before determining the modification application.\n> \n> > (3) The consent authority may also refer a modification application for residential apartment development to the relevant design review panel for advice before determining the modification application.\n> \n> > (4) The design review panel must advise whether the modification—\n> > \n> > > (a) diminishes or detracts from the design quality of the original development, or\n> > \n> > > (b) compromises the design intent of the original development.\n> \n> > (5) Subsection (2) does not apply if—\n> > \n> > > (a) a design review panel has not been constituted for the local government area in which the development will be carried out, or\n> > \n> > > (b) a competitive design process has been held.\n> \n> > (6) In this section—\n> > \n> > competitive design process means a design competition held in accordance with theDesign Competition Guidelines published by the Department in September 2023.\n> > \n> > relevant design review panel means the design review panel for the local government area in which the development will be carried out.\n> \n> **s 146:** Ins 2023 (664), Sch 1\\[65\\].","sortOrder":221},{"sectionNumber":"147","sectionType":"section","heading":"Determination of development applications and modification applications for residential apartment development","content":"#### 147 Determination of development applications and modification applications for residential apartment development\n\n147 Determination of development applications and modification applications for residential apartment development\n\n> > (1) Development consent must not be granted to residential apartment development, and a development consent for residential apartment development must not be modified, unless the consent authority has considered the following—\n> > \n> > > (a) the quality of the design of the development, evaluated in accordance with the design principles for residential apartment development set out in Schedule 9,\n> > \n> > > (b) the Apartment Design Guide,\n> > \n> > > (c) any advice received from a design review panel within 14 days after the consent authority referred the development application or modification application to the panel.\n> \n> > (2) The 14-day period referred to in subsection (1)(c) does not increase or otherwise affect the period in which a development application or modification application must be determined by the consent authority.\n> \n> > (3) To avoid doubt, subsection (1)(b) does not require a consent authority to require compliance with design criteria specified in the Apartment Design Guide.\n> \n> > (4) Subsection (1)(c) does not apply to State significant development.\n> \n> **s 147:** Ins 2023 (664), Sch 1\\[65\\].","sortOrder":222},{"sectionNumber":"148","sectionType":"section","heading":"Non-discretionary development standards for residential apartment development—the Act, s 4.15","content":"#### 148 Non-discretionary development standards for residential apartment development—the Act, s 4.15\n\n148 Non-discretionary development standards for residential apartment development—the Act, s 4.15\n\n> > (1) The object of this section is to identify development standards for particular matters relating to residential apartment development that, if complied with, prevent the consent authority from requiring more onerous standards for the matters.\n> > \n> > Note—\n> > \n> > See the Act, section 4.15(3), which does not prevent development consent being granted if a non-discretionary development standard is not complied with.\n> \n> > (2) The following are non-discretionary development standards—\n> > \n> > > (a) the car parking for the building must be equal to, or greater than, the recommended minimum amount of car parking specified in Part 3J of the Apartment Design Guide,\n> > \n> > > (b) the internal area for each apartment must be equal to, or greater than, the recommended minimum internal area for the apartment type specified in Part 4D of the Apartment Design Guide,\n> > \n> > > (c) the ceiling heights for the building must be equal to, or greater than, the recommended minimum ceiling heights specified in Part 4C of the Apartment Design Guide.\n> \n> **s 148:** Ins 2023 (664), Sch 1\\[65\\].","sortOrder":223},{"sectionNumber":"149","sectionType":"section","heading":"Apartment Design Guide prevails over development control plans","content":"#### 149 Apartment Design Guide prevails over development control plans\n\n149 Apartment Design Guide prevails over development control plans\n\n> > (1) A requirement, standard or control for residential apartment development that is specified in a development control plan and relates to the following matters has no effect if the Apartment Design Guide also specifies a requirement, standard or control in relation to the same matter—\n> > \n> > > (a) visual privacy,\n> > \n> > > (b) solar and daylight access,\n> > \n> > > (c) common circulation and spaces,\n> > \n> > > (d) apartment size and layout,\n> > \n> > > (e) ceiling heights,\n> > \n> > > (f) private open space and balconies,\n> > \n> > > (g) natural ventilation,\n> > \n> > > (h) storage.\n> \n> > (2) This section applies regardless of when the development control plan was made.\n> \n> **s 149:** Ins 2023 (664), Sch 1\\[65\\].","sortOrder":224},{"sectionNumber":"150","sectionType":"section","heading":"Aims of chapter","content":"#### 150 Aims of chapter\n\n150 Aims of chapter\n\n> The aims of this chapter are as follows—\n> \n> > (a) to increase housing density within 400m of existing and planned public transport,\n> \n> > (b) to deliver mid-rise residential flat buildings, seniors housing in the form of independent living units and shop top housing around rail and metro stations that—\n> > \n> > > (i) are well designed, and\n> > \n> > > (ii) are of appropriate bulk and scale, and\n> > \n> > > (iii) provide amenity and liveability,\n> \n> > (c) to encourage the development of affordable housing to meet the needs of essential workers and vulnerable members of the community.\n> \n> **s 150:** Ins 2024 (135), Sch 1\\[12\\]. Am 2024 (652), Sch 1\\[4\\].","sortOrder":225},{"sectionNumber":"151","sectionType":"section","heading":"Definitions","content":"#### 151 Definitions\n\n151 Definitions\n\n> In this chapter—\n> \n> relevant employment zone—\n> \n> > (a) means the following—\n> > \n> > > (i) Zone E1 Local Centre,\n> > \n> > > (ii) Zone E2 Commercial Centre,\n> > \n> > > (iii) for land in the Canterbury-Bankstown local government area—Zone B2 Local Centre,\n> > \n> > > (iv) for land in the Gosford city centre under [State Environmental Planning Policy (Precincts—Regional) 2021](/view/html/inforce/current/epi-2021-0727), Chapter 5—Zone B3 Commercial Core, and\n> \n> > (b) includes an equivalent land use zone.\n> \n> relevant residential zone—\n> \n> > (a) means the following—\n> > \n> > > (i) Zone R1 General Residential,\n> > \n> > > (ii) Zone R2 Low Density Residential,\n> > \n> > > (iii) Zone R3 Medium Density Residential,\n> > \n> > > (iv) Zone R4 High Density Residential, and\n> \n> > (b) includes an equivalent land use zone.\n> \n> Transport Oriented Development Area means land identified as a “Transport Oriented Development Area” on the [Transport Oriented Development Sites Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-housing-2021).\n> \n> Transport Oriented Development Sites Map means the [State Environmental Planning Policy (Housing) 2021 Transport Oriented Development Sites Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-housing-2021).\n> \n> **s 151:** Ins 2024 (135), Sch 1\\[12\\].","sortOrder":226},{"sectionNumber":"152","sectionType":"section","heading":"Land to which chapter applies","content":"#### 152 Land to which chapter applies\n\n152 Land to which chapter applies\n\n> > (1) This chapter applies to land in the following local government areas that is in a Transport Oriented Development Area—\n> > \n> > > (a) Bayside,\n> > \n> > > (b) Burwood,\n> > \n> > > (c) Canada Bay,\n> > \n> > > (d) Canterbury-Bankstown,\n> > \n> > > (e) Central Coast,\n> > \n> > > (f) Cumberland,\n> > \n> > > (g) Georges River,\n> > \n> > > (h) Inner West,\n> > \n> > > (i) Ku-ring-gai,\n> > \n> > > (j) City of Lake Macquarie,\n> > \n> > > (k) City of Newcastle,\n> > \n> > > (l) (Repealed)\n> > \n> > > (m) City of Wollongong.\n> > \n> > Note—\n> > \n> > A Transport Oriented Development Area is generally land within 400m of a railway or metro station in a local government area to which this chapter applies. When this chapter commenced, a Transport Oriented Development Area was not identified on the [Transport Oriented Development Sites Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-housing-2021) for each local government area.\n> \n> > (2) This chapter also applies to a lot if subsection (1) applies to part of the lot.\n> \n> > (3) If a development application proposes the amalgamation of a lot of land to which this chapter applies with another lot, this chapter is taken to apply to the other lot for the purposes of determining the development application, but only if every other lot proposed for amalgamation shares a boundary of at least 3m with the lot to which this chapter applies.\n> \n> > (4) Subsections (2) and (3) do not apply to a lot on which a State or local heritage item is located.\n> \n> **s 152:** Ins 2024 (135), Sch 1\\[12\\]. Am 2025 (291), Sch 1\\[25\\]; 2026 (34), Sch 2\\[1\\].","sortOrder":227},{"sectionNumber":"153","sectionType":"section","heading":"Relationship to other environmental planning instruments","content":"#### 153 Relationship to other environmental planning instruments\n\n153 Relationship to other environmental planning instruments\n\n> If there is an inconsistency between this chapter and another provision of this or another environmental planning instrument, whether made before or after the commencement of this chapter, this chapter prevails to the extent of the inconsistency.\n> \n> **s 153:** Ins 2024 (135), Sch 1\\[12\\].","sortOrder":228},{"sectionNumber":"154","sectionType":"section","heading":"Development permitted with development consent in Transport Oriented Development Areas","content":"#### 154 Development permitted with development consent in Transport Oriented Development Areas\n\n154 Development permitted with development consent in Transport Oriented Development Areas\n\n> > (1) Development for the purposes of residential flat buildings is permitted with development consent on land in the following zones in a Transport Oriented Development Area—\n> > \n> > > (a) a relevant residential zone,\n> > \n> > > (b) Zone E1 Local Centre or an equivalent land use zone,\n> > \n> > > (c) for land in the Canterbury-Bankstown local government area—Zone B2 Local Centre.\n> \n> > (2) Development for the purposes of shop top housing is permitted with development consent on land in a relevant employment zone in a Transport Oriented Development Area.\n> \n> **s 154:** Ins 2024 (135), Sch 1\\[12\\].","sortOrder":229},{"sectionNumber":"155","sectionType":"section","heading":"Maximum building height and maximum floor space ratio","content":"#### 155 Maximum building height and maximum floor space ratio\n\n155 Maximum building height and maximum floor space ratio\n\n> > (1) This section identifies development standards for development under this chapter that, if complied with, prevent the consent authority from requiring more onerous standards for the matters.\n> > \n> > Note—\n> > \n> > See the Act, section 4.15(3), which does not prevent development consent being granted if a non-discretionary development standard is not complied with.\n> \n> > (2) The maximum building height for a residential flat building in a Transport Oriented Development Area is 22m.\n> \n> > (3) The maximum building height for a building containing an independent living unit or shop top housing in a Transport Oriented Development Area is 24m.\n> \n> > (4) The maximum floor space ratio for the following in a relevant residential zone or relevant employment zone in a Transport Oriented Development Area is 2.5:1—\n> > \n> > > (a) a residential flat building,\n> > \n> > > (b) a building containing an independent living unit or shop top housing.\n> \n> > (5) This section does not apply to the extent a provision of another chapter of this policy or another environmental planning instrument permits a greater maximum building height or floor space ratio for a residential flat building or building containing shop top housing on the land.\n> \n> **s 155:** Ins 2024 (135), Sch 1\\[12\\]. Am 2024 (652), Sch 1\\[5\\] \\[6\\]; 2026 (33), Sch 2\\[1\\].","sortOrder":230},{"sectionNumber":"156","sectionType":"section","heading":"Affordable housing","content":"#### 156 Affordable housing\n\n156 Affordable housing\n\n> > (1) This section applies to development for the purposes of residential flat buildings, independent living units or shop top housing in a Transport Oriented Development Area if the building has a gross floor area of at least 2000m2.\n> \n> > (2) Development consent must not be granted unless the consent authority is satisfied that—\n> > \n> > > (a) at least 2% of the gross floor area of the building will be used for affordable housing, and\n> > \n> > > (b) the affordable housing will be managed by a registered community housing provider in perpetuity.\n> \n> > (3) A requirement under a provision of another chapter of this policy, another environmental planning instrument or a planning agreement that requires the development to provide more affordable housing prevails over this section.\n> \n> > (4) Affordable housing provided as part of the development because of a requirement under another chapter of this policy, another environmental planning instrument or a planning agreement is not counted towards the affordable housing required under this section.\n> \n> **s 156:** Ins 2024 (135), Sch 1\\[12\\]. Am 2024 (652), Sch 1\\[7\\].","sortOrder":231},{"sectionNumber":"157","sectionType":"section","heading":"Affordable housing parking spaces","content":"#### 157 Affordable housing parking spaces\n\n157 Affordable housing parking spaces\n\n> > (1) This section identifies a development standard for development under this chapter that, if complied with, prevents the consent authority from requiring more onerous standards for the matters.\n> > \n> > Note—\n> > \n> > See the Act, section 4.15(3), which does not prevent development consent being granted if a non-discretionary development standard is not complied with.\n> \n> > (2) Development to which section 156 applies must provide the following number of parking spaces for each affordable housing dwelling required under that section—\n> > \n> > > (a) for each dwelling containing 1 bedroom—0.4 parking space,\n> > \n> > > (b) for each dwelling containing 2 bedrooms—0.5 parking space,\n> > \n> > > (c) for each dwelling containing 3 or more bedrooms—1 parking space.\n> \n> > (3) This section prevails over a provision in another chapter of this policy or another environmental planning instrument to the extent that other provision permits a lower number of parking spaces for dwellings used for affordable housing on the land.\n> \n> **s 157:** Ins 2024 (135), Sch 1\\[12\\].","sortOrder":232},{"sectionNumber":"158","sectionType":"section","heading":"Exception to minimum lot size","content":"#### 158 Exception to minimum lot size\n\n158 Exception to minimum lot size\n\n> > (1) This section applies if another environmental planning instrument applying to the land specifies a minimum lot size for development for the purposes of residential flat buildings or shop top housing (a minimum lot size restriction).\n> \n> > (2) Development consent may be granted to development for the purposes of residential flat buildings or shop top housing on land in a Transport Oriented Development Area, despite a minimum lot size restriction.\n> \n> **s 158:** Ins 2024 (135), Sch 1\\[12\\].","sortOrder":233},{"sectionNumber":"159","sectionType":"section","heading":"Minimum lot width","content":"#### 159 Minimum lot width\n\n159 Minimum lot width\n\n> Development consent must not be granted to development for the purposes of residential flat buildings, independent living units or shop top housing on a lot in a Transport Oriented Development Area, unless the lot is at least 21m wide at the front building line.\n> \n> **s 159:** Ins 2024 (135), Sch 1\\[12\\]. Am 2024 (652), Sch 1\\[7\\].","sortOrder":234},{"sectionNumber":"160","sectionType":"section","heading":"Active street frontages","content":"#### 160 Active street frontages\n\n160 Active street frontages\n\n> > (1) The objective of this section is to ensure active street frontages for residential flat buildings and buildings containing independent living units in Zone E1 Local Centre in Transport Oriented Development Areas to encourage the presence and movement of people.\n> \n> > (2) This section applies to development for the purposes of residential flat buildings or buildings containing independent living units on land in the following zones in a Transport Oriented Development Area—\n> > \n> > > (a) Zone E1 Local Centre or an equivalent land use zone,\n> > \n> > > (b) for land in the Canterbury-Bankstown local government area—Zone B2 Local Centre.\n> \n> > (3) Development consent must not be granted unless the consent authority is satisfied the building will have an active street frontage.\n> \n> > (4) A residential flat building or a building containing an independent living unit has an active street frontage if the ground floor has building design elements that encourage interaction between the inside of the building and the external public areas adjoining the building.\n> \n> > (5) This section prevails over a provision of another environmental planning instrument that requires an active street frontage for development on land to which this section applies.\n> \n> **s 160:** Ins 2024 (135), Sch 1\\[12\\]. Am 2024 (652), Sch 1\\[8\\]–\\[10\\].","sortOrder":235},{"sectionNumber":"161","sectionType":"section","heading":"Consideration of Apartment Design Guide","content":"#### 161 Consideration of Apartment Design Guide\n\n161 Consideration of Apartment Design Guide\n\n> Development consent must not be granted for development for the purposes of residential flat buildings, independent living units or shop top housing on land in a Transport Oriented Development Area unless the consent authority has considered the Apartment Design Guide.\n> \n> **s 161:** Ins 2024 (135), Sch 1\\[12\\]. Am 2024 (652), Sch 1\\[7\\].","sortOrder":236},{"sectionNumber":"162","sectionType":"section","heading":"Aim of chapter","content":"#### 162 Aim of chapter\n\n162 Aim of chapter\n\n> The aim of this chapter is to encourage the development of low and mid rise housing in areas that are well located with regard to goods, services and public transport.\n> \n> **s 162:** Ins 2025 (81), Sch 1\\[3\\].","sortOrder":238},{"sectionNumber":"163","sectionType":"section","heading":"Definitions","content":"#### 163 Definitions\n\n163 Definitions\n\n> In this chapter—\n> \n> low and mid rise housing area means—\n> \n> > (a) land within 800m walking distance of—\n> > \n> > > (i) land identified as “Town Centre” on the [Town Centres Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-housing-2021), or\n> > \n> > > (ii) a public entrance to a railway, metro or light rail station listed in Schedule 11, or\n> > \n> > > (iii) for a light rail station listed in Schedule 11 with no public entrance—a platform of the light rail station, and\n> \n> > (b) if a site area contains land identified in paragraph (a)—the site area.\n> \n> Low and Mid Rise Housing Exclusion Map means the [State Environmental Planning Policy (Housing) 2021 Low and Mid Rise Housing Exclusion Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-housing-2021).\n> \n> low and mid rise housing inner area means—\n> \n> > (a) land within 400m walking distance of—\n> > \n> > > (i) land identified as “Town Centre” on the [Town Centres Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-housing-2021), or\n> > \n> > > (ii) a public entrance to a railway, metro or light rail station listed in Schedule 11, or\n> > \n> > > (iii) for a light rail station listed in Schedule 11 with no public entrance—a platform of the light rail station, and\n> \n> > (b) if a site area contains land identified in paragraph (a)—the site area.\n> \n> low and mid rise housing outer area means—\n> \n> > (a) land between 400m and 800m walking distance of—\n> > \n> > > (i) land identified as “Town Centre” on the [Town Centres Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-housing-2021), or\n> > \n> > > (ii) a public entrance to a railway, metro or light rail station listed in Schedule 11, or\n> > \n> > > (iii) for a light rail station listed in Schedule 11 with no public entrance—a platform of the light rail station, and\n> \n> > (b) if a site area contains land identified in paragraph (a)—the site area, unless the site area is also in the low and mid rise housing inner area.\n> \n> Town Centres Map means the [State Environmental Planning Policy (Housing) 2021 Town Centres Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-housing-2021).\n> \n> **s 163:** Ins 2025 (81), Sch 1\\[3\\]. Am 2025 (597), Sch 11\\[1\\]; 2025 (619), Sch 2\\[1\\]; 2025 (647), Sch 1\\[1\\]; 2025 (684), Sch 3\\[6\\] \\[7\\]; 2026 (33), Sch 2\\[2\\].","sortOrder":239},{"sectionNumber":"164","sectionType":"section","heading":"Land to which chapter applies","content":"#### 164 Land to which chapter applies\n\n164 Land to which chapter applies\n\n> > (1) This chapter applies to the whole of the State, other than the following—\n> > \n> > > (a) bush fire prone land,\n> > \n> > > (b) land identified as a coastal vulnerability area or a coastal wetlands and littoral rainforests area within the meaning of [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 2,\n> > \n> > > (c) land to which Chapter 5 applies,\n> > \n> > > (d) land that is a heritage item or on which a heritage item is located,\n> > \n> > > (e) the following local government areas—\n> > > \n> > > > (i) Bathurst Regional,\n> > > \n> > > > (ii) City of Blue Mountains,\n> > > \n> > > > (iii) City of Hawkesbury,\n> > > \n> > > > (iv) Wollondilly,\n> > \n> > > (f) flood prone land in the Georges River Catchment and Hawkesbury-Nepean Catchment under [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), Chapter 6,\n> > \n> > > (g) land in a flood planning area in the following local government areas—\n> > > \n> > > > (i) Armidale Regional,\n> > > \n> > > > (ii) Ballina,\n> > > \n> > > > (iii) Bellingen,\n> > > \n> > > > (iv) Byron,\n> > > \n> > > > (v) City of Cessnock,\n> > > \n> > > > (vi) Clarence Valley,\n> > > \n> > > > (vii) City of Coffs Harbour,\n> > > \n> > > > (viii) Dungog,\n> > > \n> > > > (ix) Goulburn Mulwaree,\n> > > \n> > > > (x) Kempsey,\n> > > \n> > > > (xi) Kyogle,\n> > > \n> > > > (xii) City of Lismore,\n> > > \n> > > > (xiii) City of Maitland,\n> > > \n> > > > (xiv) Nambucca Valley,\n> > > \n> > > > (xv) City of Newcastle,\n> > > \n> > > > (xvi) Port Stephens,\n> > > \n> > > > (xvii) Queanbeyan-Palerang Regional,\n> > > \n> > > > (xviii) Richmond Valley,\n> > > \n> > > > (xix) City of Shoalhaven,\n> > > \n> > > > (xx) Singleton,\n> > > \n> > > > (xxi) Tweed,\n> > > \n> > > > (xxii) Upper Hunter Shire,\n> > > \n> > > > (xxiii) Walcha,\n> > \n> > > (h) land in an ANEF contour of 25 or greater or ANEC contour of 20 or greater,\n> > \n> > > (i) land within 200m of a relevant pipeline within the meaning of [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), section 2.77,\n> > \n> > > (j) (Repealed)\n> > \n> > > (k) land within 800m of a public entrance to a railway, metro or light rail station listed in Schedule 12,\n> > \n> > > (l) land identified as “Accelerated TOD Precinct” on the [Accelerated Transport Oriented Development Precincts Rezoning Areas Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-housing-2021),\n> > \n> > > (m) land identified as “exclusion area” on the [Low and Mid Rise Housing Exclusion Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-housing-2021).\n> \n> > (2) (Repealed)\n> \n> > (3) In this section—\n> > \n> > ANEC contour has the same meaning as in [State Environmental Planning Policy (Precincts—Western Parkland City) 2021](/view/html/inforce/current/epi-2021-0728), section 4.17.\n> > \n> > ANEF contour has the same meaning as in [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).\n> > \n> > flood planning area has the same meaning as in the Flood Risk Management Manual.\n> \n> **s 164:** Ins 2025 (81), Sch 1\\[3\\]. Am 2025 (291), Sch 1\\[26\\]; 2025 (619), Sch 2\\[2\\] \\[3\\]; 2026 (33), Sch 2\\[3\\].","sortOrder":240},{"sectionNumber":"165","sectionType":"section","heading":"Non-discretionary development standards—the Act, s 4.15","content":"#### 165 Non-discretionary development standards—the Act, s 4.15\n\n165 Non-discretionary development standards—the Act, s 4.15\n\n> Sections 168, 169, 172, 173, 179, and 180 identify non-discretionary development standards for the Act, section 4.15(2).\n> \n> **s 165:** Ins 2025 (81), Sch 1\\[3\\].","sortOrder":241},{"sectionNumber":"166","sectionType":"section","heading":"Development permitted with development consent","content":"#### 166 Development permitted with development consent\n\n166 Development permitted with development consent\n\n> Development for the purposes of dual occupancies or semi-detached dwellings is permitted with development consent on land to which this chapter applies in Zone R2 Low Density Residential.\n> \n> **s 166:** Ins 2025 (81), Sch 1\\[3\\].","sortOrder":244},{"sectionNumber":"167","sectionType":"section","heading":"Landscaping—dual occupancies","content":"#### 167 Landscaping—dual occupancies\n\n167 Landscaping—dual occupancies\n\n> > (1) This section applies to development for the purposes of dual occupancies in a low and mid rise housing area in the following zones—\n> > \n> > > (a) Zone R1 General Residential,\n> > \n> > > (b) Zone R2 Low Density Residential,\n> > \n> > > (c) Zone R3 Medium Density Residential,\n> > \n> > > (d) Zone R4 High Density Residential.\n> \n> > (2) Before granting development consent to development to which this section applies, the consent authority must consider the Tree Canopy Guide for Low and Mid Rise Housing, published by the Department in February 2025.\n> \n> **s 167:** Ins 2025 (81), Sch 1\\[3\\].","sortOrder":245},{"sectionNumber":"168","sectionType":"section","heading":"Non-discretionary development standards—dual occupancies","content":"#### 168 Non-discretionary development standards—dual occupancies\n\n168 Non-discretionary development standards—dual occupancies\n\n> > (1) This section applies to development for the purposes of dual occupancies in a low and mid rise housing area in the following zones—\n> > \n> > > (a) Zone R1 General Residential,\n> > \n> > > (b) Zone R2 Low Density Residential,\n> > \n> > > (c) Zone R3 Medium Density Residential,\n> > \n> > > (d) Zone R4 High Density Residential.\n> \n> > (2) The following non-discretionary development standards apply—\n> > \n> > > (a) a minimum lot size of 450m2,\n> > \n> > > (b) a minimum lot width at the front building line of 12m,\n> > \n> > > (c) if no environmental planning instrument or development control plan that applies to the land specifies a maximum number of car parking spaces per dwelling—a minimum of 1 car parking space per dwelling,\n> > \n> > > (d) a maximum floor space ratio of 0.65:1,\n> > \n> > > (e) a maximum building height of 9.5m.\n> \n> **s 168:** Ins 2025 (81), Sch 1\\[3\\].","sortOrder":247},{"sectionNumber":"169","sectionType":"section","heading":"Non-discretionary development standards—subdivision for dual occupancies","content":"#### 169 Non-discretionary development standards—subdivision for dual occupancies\n\n169 Non-discretionary development standards—subdivision for dual occupancies\n\n> > (1) This section applies to development involving subdivision for the purposes of dual occupancies on land in a low and mid rise housing area in the following zones—\n> > \n> > > (a) Zone R1 General Residential,\n> > \n> > > (b) Zone R2 Low Density Residential,\n> > \n> > > (c) Zone R3 Medium Density Residential.\n> \n> > (1A) Despite the provisions of another environmental planning instrument, development consent may be granted to development to which this section applies.\n> \n> > (2) This section applies only if—\n> > \n> > > (a) development consent was granted for the dual occupancy on or after 28 February 2025, or\n> > \n> > > (b) the development results from a development application made on or after 28 February 2025 for the subdivision of the land and the erection of a dual occupancy on the land.\n> \n> > (3) The following non-discretionary development standards apply—\n> > \n> > > (a) each resulting lot must contain no more than 1 dwelling,\n> > \n> > > (b) each resulting lot must be at least 6m wide at the front building line,\n> > \n> > > (c) each resulting lot must have lawful access and frontage to a public road,\n> > \n> > > (d) each resulting lot must have an area of at least 225m2,\n> > \n> > > (e) each resulting lot must not be a battle-axe lot.\n> \n> > (4) This section does not apply to strata subdivision.\n> \n> **s 169:** Ins 2025 (81), Sch 1\\[3\\]. Am 2025 (597), Sch 11\\[2\\].","sortOrder":248},{"sectionNumber":"170","sectionType":"section","heading":"Development permitted with development consent","content":"#### 170 Development permitted with development consent\n\n170 Development permitted with development consent\n\n> Development for the purposes of multi dwelling housing or attached dwellings is permitted with development consent on land to which this chapter applies in a low and mid rise housing area in Zone R2 Low Density Residential.\n> \n> **s 170:** Ins 2025 (81), Sch 1\\[3\\].","sortOrder":251},{"sectionNumber":"171","sectionType":"section","heading":"Landscaping—multi dwelling housing or multi dwelling housing (terraces)","content":"#### 171 Landscaping—multi dwelling housing or multi dwelling housing (terraces)\n\n171 Landscaping—multi dwelling housing or multi dwelling housing (terraces)\n\n> > (1) This section applies to development for the purposes of multi dwelling housing or multi dwelling housing (terraces) in a low and mid rise housing area in the following zones—\n> > \n> > > (a) Zone R1 General Residential,\n> > \n> > > (b) Zone R2 Low Density Residential,\n> > \n> > > (c) Zone R3 Medium Density Residential,\n> > \n> > > (d) Zone R4 High Density Residential.\n> \n> > (2) Before granting development consent to development to which this section applies, the consent authority must consider the Tree Canopy Guide for Low and Mid Rise Housing, published by the Department in February 2025.\n> \n> **s 171:** Ins 2025 (81), Sch 1\\[3\\].","sortOrder":252},{"sectionNumber":"172","sectionType":"section","heading":"Non-discretionary development standards—multi dwelling housing","content":"#### 172 Non-discretionary development standards—multi dwelling housing\n\n172 Non-discretionary development standards—multi dwelling housing\n\n> > (1) This section applies to development for the purposes of multi dwelling housing on land in a low and mid rise housing area in the following zones—\n> > \n> > > (a) Zone R1 General Residential,\n> > \n> > > (b) Zone R2 Low Density Residential,\n> > \n> > > (c) Zone R3 Medium Density Residential,\n> > \n> > > (d) Zone R4 High Density Residential.\n> \n> > (2) The following non-discretionary development standards apply in relation to development for the purposes of multi dwelling housing—\n> > \n> > > (a) a minimum lot size of 600m2,\n> > \n> > > (b) a minimum lot width at the front building line of 12m,\n> > \n> > > (c) if no environmental planning instrument or development control plan that applies to the land specifies a maximum number of car parking spaces per dwelling—a minimum of 1 car parking space per dwelling,\n> > \n> > > (d) a maximum floor space ratio of 0.7:1,\n> > \n> > > (e) a maximum building height of 9.5m.\n> \n> > (3) The following non-discretionary development standards apply in relation to development for the purposes of multi dwelling housing (terraces)—\n> > \n> > > (a) a minimum lot size of 500m2,\n> > \n> > > (b) a minimum lot width at the front building line of 18m,\n> > \n> > > (c) if no environmental planning instrument or development control plan that applies to the land specifies a maximum number of car parking spaces per dwelling—a minimum of 0.5 car parking spaces per dwelling,\n> > \n> > > (d) a maximum floor space ratio of 0.7:1,\n> > \n> > > (e) a maximum building height of 9.5m.\n> \n> **s 172:** Ins 2025 (81), Sch 1\\[3\\].","sortOrder":254},{"sectionNumber":"173","sectionType":"section","heading":"Non-discretionary development standards—subdivision for multi dwelling housing (terraces)","content":"#### 173 Non-discretionary development standards—subdivision for multi dwelling housing (terraces)\n\n173 Non-discretionary development standards—subdivision for multi dwelling housing (terraces)\n\n> > (1) This section applies to development involving subdivision for the purposes of multi dwelling housing (terraces) on land in a low and mid rise housing area in the following zones—\n> > \n> > > (a) Zone R1 General Residential,\n> > \n> > > (b) Zone R2 Low Density Residential,\n> > \n> > > (c) Zone R3 Medium Density Residential.\n> \n> > (1A) Despite the provisions of another environmental planning instrument, development consent may be granted to development to which this section applies.\n> \n> > (2) This section applies only if—\n> > \n> > > (a) development consent was granted for the multi dwelling housing (terraces) on or after 28 February 2025, or\n> > \n> > > (b) the development results from a development application made on or after 28 February 2025 for the subdivision of the land and the erection of multi dwelling housing (terraces) on the land.\n> \n> > (3) The following non-discretionary development standards apply—\n> > \n> > > (a) each resulting lot must contain no more than 1 dwelling,\n> > \n> > > (b) each resulting lot must be 6m wide at the front building line,\n> > \n> > > (c) each resulting lot must have lawful access and frontage to a public road,\n> > \n> > > (d) each resulting lot must have an area of at least 165m2.\n> \n> > (4) This section does not apply to strata subdivision.\n> \n> **s 173:** Ins 2025 (81), Sch 1\\[3\\]. Am 2025 (597), Sch 11\\[3\\].","sortOrder":255},{"sectionNumber":"174","sectionType":"section","heading":"Development permitted with development consent","content":"#### 174 Development permitted with development consent\n\n174 Development permitted with development consent\n\n> Development for the purposes of residential flat buildings is permitted with development consent on land to which this chapter applies in a low and mid rise housing area in Zone R2 Low Density Residential or R3 Medium Density Residential.\n> \n> **s 174:** Ins 2025 (81), Sch 1\\[3\\].","sortOrder":258},{"sectionNumber":"175","sectionType":"section","heading":"Development standards—low and mid rise housing inner area","content":"#### 175 Development standards—low and mid rise housing inner area\n\n175 Development standards—low and mid rise housing inner area\n\n> > (1) This section applies to land in a low and mid rise housing inner area in Zone R3 Medium Density Residential or R4 High Density Residential.\n> \n> > (2) Development consent must not be granted for development for the purposes of residential flat buildings with a building height of up to 22m unless the consent authority is satisfied the building will have 6 storeys or fewer.\n> \n> > (3) Development consent must not be granted for development for the purposes of a building containing shop top housing with a building height of up to 24m unless the consent authority is satisfied the building will have 6 storeys or fewer.\n> \n> > (4) In this section, a storey does not include a basement within the meaning of the standard instrument.\n> \n> **s 175:** Ins 2025 (81), Sch 1\\[3\\]. Am 2025 (291), Sch 1\\[27\\].","sortOrder":259},{"sectionNumber":"176","sectionType":"section","heading":"Development standards—low and mid rise housing outer area","content":"#### 176 Development standards—low and mid rise housing outer area\n\n176 Development standards—low and mid rise housing outer area\n\n> > (1) This section applies to land in a low and mid rise housing outer area in Zone R3 Medium Density Residential or R4 High Density Residential.\n> \n> > (2) Development consent must not be granted for development for the following purposes if a resulting building will have a building height of up to 17.5m unless the consent authority is satisfied that the building will have 4 storeys or fewer—\n> > \n> > > (a) residential flat buildings,\n> > \n> > > (b) buildings containing shop top housing.\n> \n> > (3) In this section, a storey does not include a basement within the meaning of the standard instrument.\n> \n> **s 176:** Ins 2025 (81), Sch 1\\[3\\]. Am 2025 (291), Sch 1\\[28\\].","sortOrder":260},{"sectionNumber":"177","sectionType":"section","heading":"Landscaping—residential flat buildings or shop top housing","content":"#### 177 Landscaping—residential flat buildings or shop top housing\n\n177 Landscaping—residential flat buildings or shop top housing\n\n> > (1) This section applies to land in a low and mid rise housing area in Zone R3 Medium Density Residential or R4 High Density Residential.\n> \n> > (2) Development consent must not be granted for development for the purposes of residential flat buildings or shop top housing unless the consent authority has considered the Tree Canopy Guide for Low and Mid Rise Housing, published by the Department in February 2025.\n> \n> **s 177:** Ins 2025 (81), Sch 1\\[3\\].","sortOrder":261},{"sectionNumber":"178","sectionType":"section","heading":"Minimum lot size for residential flat buildings or shop top housing","content":"#### 178 Minimum lot size for residential flat buildings or shop top housing\n\n178 Minimum lot size for residential flat buildings or shop top housing\n\n> > (1) This section applies to development for the purposes of residential flat buildings or shop top housing on land in a low and mid rise housing area in Zone R3 Medium Density Residential or R4 High Density Residential.\n> \n> > (2) A requirement specified in another environmental planning instrument or development control plan in relation to the following does not apply to development that meets the standards in section 180(2) or (3)—\n> > \n> > > (a) minimum lot size,\n> > \n> > > (b) minimum lot width.\n> \n> **s 178:** Ins 2025 (81), Sch 1\\[3\\].","sortOrder":262},{"sectionNumber":"179","sectionType":"section","heading":"Non-discretionary development standards—residential flat buildings and shop top housing in Zone R1 or R2","content":"#### 179 Non-discretionary development standards—residential flat buildings and shop top housing in Zone R1 or R2\n\n179 Non-discretionary development standards—residential flat buildings and shop top housing in Zone R1 or R2\n\n> > (1) This section applies to development for the purposes of residential flat buildings or shop top housing on land in a low and mid rise housing area in Zone R1 General Residential or R2 Low Density Residential.\n> \n> > (2) The following non-discretionary development standards apply—\n> > \n> > > (a) a minimum lot size of 500m2,\n> > \n> > > (b) a minimum lot width at the front building line of 12m,\n> > \n> > > (c) if no environmental planning instrument or development control plan that applies to the land specifies a maximum number of car parking spaces per dwelling—a minimum of 0.5 car parking spaces per dwelling,\n> > \n> > > (d) a maximum floor space ratio of 0.8:1,\n> > \n> > > (e) a maximum building height of 9.5m.\n> \n> **s 179:** Ins 2025 (81), Sch 1\\[3\\].","sortOrder":264},{"sectionNumber":"180","sectionType":"section","heading":"Non-discretionary development standards—residential flat buildings and shop top housing in Zone R3 or R4","content":"#### 180 Non-discretionary development standards—residential flat buildings and shop top housing in Zone R3 or R4\n\n180 Non-discretionary development standards—residential flat buildings and shop top housing in Zone R3 or R4\n\n> > (1) This section applies to development for the purposes of residential flat buildings or shop top housing on land in a low and mid rise housing area in Zone R3 Medium Density Residential or R4 High Density Residential.\n> \n> > (2) The following non-discretionary development standards apply in relation to development on land in a low and mid rise housing inner area—\n> > \n> > > (a) a maximum floor space ratio of 2.2:1,\n> > \n> > > (b) for residential flat buildings—a maximum building height of 22m,\n> > \n> > > (c) for a building containing shop top housing—a maximum building height of 24m.\n> \n> > (3) The following non-discretionary development standards apply in relation to development on land in a low and mid rise housing outer area—\n> > \n> > > (a) a maximum floor space ratio of 1.5:1,\n> > \n> > > (b) a maximum building height of 17.5m.\n> \n> **s 180:** Ins 2025 (81), Sch 1\\[3\\].","sortOrder":265},{"sectionNumber":"181","sectionType":"section","heading":"Definition","content":"#### 181 Definition\n\n181 Definition\n\n> In this chapter—\n> \n> mid-rise housing pattern means a mid-rise housing pattern published by the Department in November 2025.\n> \n> **s 181:** Ins 2025 (647), Sch 1\\[2\\].","sortOrder":266},{"sectionNumber":"182","sectionType":"section","heading":"Land to which chapter applies","content":"#### 182 Land to which chapter applies\n\n182 Land to which chapter applies\n\n> > (1) This chapter applies to the whole of the State, other than the following land—\n> > \n> > > (a) bush fire prone land,\n> > \n> > > (b) land identified as a coastal vulnerability area or a coastal wetlands and littoral rainforests area within the meaning of [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 2,\n> > \n> > > (c) land that is a local or State heritage item or on which a local or State heritage item is located,\n> > \n> > > (d) land that is identified in an environmental planning instrument as being in a heritage conservation area,\n> > \n> > > (e) the following local government areas—\n> > > \n> > > > (i) Bathurst Regional,\n> > > \n> > > > (ii) City of Blue Mountains,\n> > > \n> > > > (iii) City of Hawkesbury,\n> > > \n> > > > (iv) Wollondilly,\n> > \n> > > (f) flood prone land in the Georges River Catchment and Hawkesbury-Nepean Catchment under [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), Chapter 6,\n> > \n> > > (g) land in a flood planning area in the following local government areas—\n> > > \n> > > > (i) Armidale Regional,\n> > > \n> > > > (ii) Ballina,\n> > > \n> > > > (iii) Bellingen,\n> > > \n> > > > (iv) Byron,\n> > > \n> > > > (v) City of Cessnock,\n> > > \n> > > > (vi) Clarence Valley,\n> > > \n> > > > (vii) City of Coffs Harbour,\n> > > \n> > > > (viii) Dungog,\n> > > \n> > > > (ix) Goulburn Mulwaree,\n> > > \n> > > > (x) Kempsey,\n> > > \n> > > > (xi) Kyogle,\n> > > \n> > > > (xii) City of Lismore,\n> > > \n> > > > (xiii) City of Maitland,\n> > > \n> > > > (xiv) Nambucca Valley,\n> > > \n> > > > (xv) City of Newcastle,\n> > > \n> > > > (xvi) Port Stephens,\n> > > \n> > > > (xvii) Queanbeyan-Palerang Regional,\n> > > \n> > > > (xviii) Richmond Valley,\n> > > \n> > > > (xix) City of Shoalhaven,\n> > > \n> > > > (xx) Singleton,\n> > > \n> > > > (xxi) Tweed,\n> > > \n> > > > (xxii) Upper Hunter Shire,\n> > > \n> > > > (xxiii) Walcha,\n> > \n> > > (h) land in an ANEF contour of 25 or greater or ANEC contour of 20 or greater,\n> > \n> > > (i) land within 200m of a relevant pipeline within the meaning of [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), section 2.77,\n> > \n> > > (j) (Repealed)\n> > \n> > > (k) land within 800m of a public entrance to a railway, metro or light rail station listed in Schedule 12,\n> > \n> > > (l) land identified as an “Accelerated TOD Precinct” on the [Accelerated Transport Oriented Development Precincts Rezoning Areas Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-housing-2021).\n> \n> > (2) In this section—\n> > \n> > ANEC contour has the same meaning as in [State Environmental Planning Policy (Precincts—Western Parkland City) 2021](/view/html/inforce/current/epi-2021-0728), section 4.17.\n> > \n> > ANEF contour has the same meaning as in [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).\n> > \n> > flood planning area has the same meaning as in the Flood Risk Management Manual.\n> \n> **s 182:** Ins 2025 (647), Sch 1\\[2\\]. Am 2025 (684), Sch 3\\[8\\]; 2026 (33), Sch 2\\[4\\].","sortOrder":267},{"sectionNumber":"183","sectionType":"section","heading":"Development to which chapter applies","content":"#### 183 Development to which chapter applies\n\n183 Development to which chapter applies\n\n> > (1) This chapter applies to development for the purposes of residential flat buildings if the consent authority is satisfied that—\n> > \n> > > (a) the development is permitted with development consent under an environmental planning instrument that applies to the land, and\n> > \n> > > (b) the development will be carried out on the following land—\n> > > \n> > > > (i) land to which Chapter 5 applies, or\n> > > \n> > > > (ii) land in a low and mid rise housing area within the meaning of section 163, and\n> > \n> > > (c) the development will be carried out in accordance with the development standards, location requirements, technical drawing set and technical information specified in the mid-rise housing pattern identified as—\n> > > \n> > > > (i) “Small lot apartments 01 by Collins and Turner”, or\n> > > \n> > > > (ii) “Small lot apartments 02 by Nguluway DesignInc”, or\n> > > \n> > > > (iii) “Small lot apartments 03 by MHN Design Union”, or\n> > > \n> > > > (iv) “Small lot apartments 04 by Neeson Murcutt Neille”, or\n> > > \n> > > > (v) “Corner lot apartments 01 by Tonkin Zulaikha Greer”, or\n> > > \n> > > > (vi) “Corner lot apartments 02 by Spacecraft Architects”.\n> \n> > (2) This chapter applies to development for the purposes of residential flat buildings if the consent authority is satisfied that—\n> > \n> > > (a) the development is permitted with development consent under an environmental planning instrument that applies to the land, and\n> > \n> > > (b) the development will be carried out in accordance with the development standards, location requirements, technical drawing set and technical information specified in the mid-rise housing pattern identified as—\n> > > \n> > > > (i) “Large lot apartments 01 by Silvester Fuller”, or\n> > > \n> > > > (ii) “Large lot apartments 02 by Bennett and Trimble”, or\n> > > \n> > > > (iii) “Large lot apartments 03 by Andrew Burges Architects”.\n> \n> > (3) This chapter applies to development for the purposes of shop top housing if the consent authority is satisfied that—\n> > \n> > > (a) the development is permitted with development consent under an environmental planning instrument that applies to the land, and\n> > \n> > > (b) the development will be carried out on the following land—\n> > > \n> > > > (i) land to which Chapter 5 applies, or\n> > > \n> > > > (ii) land in a low and mid rise housing area within the meaning of section 163, and\n> > \n> > > (c) the development will include commercial premises or health services facilities, and\n> > \n> > > (d) the development will be carried out in accordance with the development standards, location requirements, technical drawing set and technical information specified in the mid-rise housing pattern identified as—\n> > > \n> > > > (i) “Corner lot apartments 01 by Tonkin Zulaikha Greer”, or\n> > > \n> > > > (ii) “Corner lot apartments 02 by Spacecraft Architects”.\n> \n> **s 183:** Ins 2025 (647), Sch 1\\[2\\]. Am 2025 (684), Sch 3\\[9\\].","sortOrder":268},{"sectionNumber":"184","sectionType":"section","heading":"Application of this policy","content":"#### 184 Application of this policy\n\n184 Application of this policy\n\n> > The following sections of this policy do not apply to development to which this chapter applies—\n> > \n> > > (a) sections 145–149,\n> > \n> > > (b) section 155(4),\n> > \n> > > (c) section 159,\n> > \n> > > (d) section 161,\n> > \n> > > (e) sections 177 and 178,\n> > \n> > > (f) section 179(2)(a)–(d),\n> > \n> > > (g) section 180(2)(a) and (3)(a).\n> \n> **s 184:** Ins 2025 (647), Sch 1\\[2\\]. Am 2025 (684), Sch 3\\[10\\].","sortOrder":269},{"sectionNumber":"185","sectionType":"section","heading":"Subdivision of land","content":"#### 185 Subdivision of land\n\n185 Subdivision of land\n\n> > (1) The strata subdivision of land on which development has been carried out under this chapter is permitted with development consent.\n> \n> > (2) The strata subdivision of land on which development will be carried out under this chapter is permitted with development consent if a single development application proposes—\n> > \n> > > (a) the carrying out of development to which this chapter applies on the land, and\n> > \n> > > (b) the strata subdivision of the land.\n> \n> **s 185:** Ins 2025 (647), Sch 1\\[2\\].","sortOrder":270},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Complying development—secondary dwellings","content":"# Schedule 1 Complying development—secondary dwellings\n\nSchedule 1 Complying development—secondary dwellings\n\nsection 54(2)(d)\n\n**sch 1:** Am 2022 (349), Sch 1\\[44\\] \\[45\\]; 2022 (451), Sch 1\\[4\\]–\\[6\\].","sortOrder":271},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Complying development—group homes","content":"# Schedule 2 Complying development—group homes\n\nSchedule 2 Complying development—group homes\n\nsection 63(1)(d)\n\n**sch 2:** Am 2022 (451), Sch 1\\[7\\]; 2023 (664), Sch 1\\[2\\]; 2024 (594), Sch 3\\[2\\]; 2025 (512), Sch 1\\[23\\]–\\[34\\].","sortOrder":297},{"sectionNumber":"Schedule 2A","sectionType":"schedule","heading":"Temporary housing","content":"# Schedule 2A Temporary housing\n\nSchedule 2A Temporary housing\n\nsection 141R(1)(c)\n\n**sch 2A:** Ins 2024 (652), Sch 1\\[11\\]. Am 2025 (158), Sch 1\\[1\\]–\\[3\\].","sortOrder":324},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Environmentally sensitive land","content":"# Schedule 3 Environmentally sensitive land\n\nSchedule 3 Environmentally sensitive land\n\nsection 80(1)(b)\n\nLand shown cross-hatched on the Bush Fire Evacuation Risk Map.\n\nLand identified as coastal wetlands and littoral rainforests area within the meaning of [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 2.\n\nLand identified as coastal vulnerability area within the meaning of [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 2.\n\nLand declared as an area of outstanding biodiversity value under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063), section 3.1.\n\nLand identified on the Map within the meaning of the [Biodiversity Conservation Regulation 2017](/view/html/inforce/current/sl-2017-0432), section 7.3.\n\nLand identified in another environmental planning instrument as follows—\n\n> (a) (Repealed)\n\n> (b) open space,\n\n> (c) natural wetland.\n\n**sch 3:** Am 2022 (349), Sch 1\\[46\\]; 2023 (664), Sch 1\\[66\\].","sortOrder":327},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Standards concerning accessibility and usability for hostels and independent living units","content":"# Schedule 4 Standards concerning accessibility and usability for hostels and independent living units\n\nSchedule 4 Standards concerning accessibility and usability for hostels and independent living units\n\nsection 85\n\n**sch 4:** Ins 2021 (714), Sch 8, sec 1 (provisions transferred from State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004). Am 2023 (83), Sch 2.3\\[3\\]; 2023 (664), Sch 1\\[67\\]–\\[70\\].","sortOrder":328},{"sectionNumber":"1A","sectionType":"section","heading":"Definitions","content":"#### 1A Definitions\n\n1A Definitions\n\n> In this schedule—\n> \n> circulation spacehas the same meaning as in AS 1428.1.\n> \n> continuous accessible path of travelhas the same meaning as in AS 1428.1.\n> \n> general power outlet means a general power outlet that complies with AS 1428.1.\n> \n> AS 4586—2013 means the Australian Standard entitled AS 4586—2013, Slip resistance classification of new pedestrian surface materials, published on 28 June 2013.","sortOrder":331},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Land to which Chapter 3, Part 8 does not apply","content":"# Schedule 5 Land to which Chapter 3, Part 8 does not apply\n\nSchedule 5 Land to which Chapter 3, Part 8 does not apply\n\nsection 119\n\nNote.\n\nIt is intended that descriptions of land will be entered in this Schedule if special provision is made for that land by a local environmental plan made in accordance with principles set out in a Direction under section 117 of the Act given in conjunction with Chapter 3, Part 8.","sortOrder":354},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Categories of excluded land","content":"# Schedule 6 Categories of excluded land\n\nSchedule 6 Categories of excluded land\n\nsection 122\n\n**sch 6:** Am 2023 (609), Sch 2.18\\[3\\].","sortOrder":355},{"sectionNumber":"Schedule 7","sectionType":"schedule","heading":"Definitions for Chapter 3, Part 8","content":"# Schedule 7 Definitions for Chapter 3, Part 8\n\nSchedule 7 Definitions for Chapter 3, Part 8\n\nsection 121\n\n**sch 7, hdg:** Am 2022 (99), Sch 1\\[15\\].\n\ncaravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, placed or erected.\n\nNote.\n\nThis is the same meaning as applies in other environmental planning instruments because of Chapter 3, Part 9.\n\nCrown reserve has the same meaning as it has in Division 12.5 of the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058).\n\ninstallation means—\n\n> (a) in relation to a manufactured home, the process of connecting the major sections of the manufactured home, and any associated structures forming part of the manufactured home, and attaching them to footings, or\n\n> (b) in relation to an associated structure, the process of constructing or assembling the components of the associated structure, and (where appropriate) attaching them to footings,\n\nand includes the connection to the home or associated structure of gas, electricity, telephone, water, sewerage and drainage services.\n\nmanufactured home means a self-contained dwelling (that is, a dwelling that includes at least 1 kitchen, bathroom, bedroom and living area and that also includes toilet and laundry facilities), being a dwelling—\n\n> (a) that comprises 1 or more major sections that are each constructed, and assembled, away from the manufactured home estate and transported to the estate for installation on the estate, and\n\n> (b) that is not capable of being registered under the [Traffic Act 1909](/view/html/repealed/current/act-1909-005),\n\nand includes any associated structures that form part of the dwelling.\n\nmanufactured home estate means land on which manufactured homes are, or are to be, erected.\n\nSydney region means the region having that name declared under section 4(6) of the Act.\n\nthe Act means the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).","sortOrder":366},{"sectionNumber":"Schedule 7A","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 7A Savings and transitional provisions\n\nSchedule 7A Savings and transitional provisions\n\n**sch 7A (previously Sch 7):** Renumbered 2022 (99), Sch 1\\[16\\]. Am 2022 (99), Sch 1\\[17\\]–\\[22\\]; 2021 (714), Sch 7A sec 4(2) (3); 2022 (348), Sch 1; 2022 (451), Sch 1\\[8\\]; 2023 (79), Sch 2\\[3\\]; 2023 (83), Sch 2.3\\[4\\]; 2023 (458), Sch 3.3\\[3\\]; 2023 (609), Sch 2.18\\[4\\] \\[5\\]; 2023 (664), Sch 1\\[71\\]; 2024 (74), Sch 1\\[1\\]–\\[4\\]; 2024 (135), Sch 1\\[13\\]; 2024 (594), Sch 2\\[3\\] \\[4\\].","sortOrder":367},{"sectionNumber":"5A","sectionType":"section","heading":"Development standards for land near Siding Spring Observatory","content":"#### 5A Development standards for land near Siding Spring Observatory\n\n5A Development standards for land near Siding Spring Observatory\n\n> A development application or an application for a complying development certificate that has been made but not finally determined before the commencement of the [State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Miscellaneous) 2023](/view/pdf/asmade/epi-2023-79) must be determined as if that Policy had not commenced.","sortOrder":373},{"sectionNumber":"Schedule 8","sectionType":"schedule","heading":"Design principles for seniors housing","content":"# Schedule 8 Design principles for seniors housing\n\nSchedule 8 Design principles for seniors housing\n\nsection 97\n\n**sch 8:** Rep 2021 (714), Sch 8, sec 5. Ins 2023 (664), Sch 1\\[72\\].","sortOrder":379},{"sectionNumber":"Schedule 9","sectionType":"schedule","heading":"Design principles for residential apartment development","content":"# Schedule 9 Design principles for residential apartment development\n\nSchedule 9 Design principles for residential apartment development\n\nsection 147\n\n**sch 9:** Rep 2022 (349), Sch 1\\[47\\]. Ins 2023 (664), Sch 1\\[72\\].","sortOrder":387},{"sectionNumber":"Schedule 10","sectionType":"schedule","heading":"Dictionary","content":"# Schedule 10 Dictionary\n\nSchedule 10 Dictionary\n\nsection 4\n\nAboriginal Housing Office means the Aboriginal Housing Office constituted by the [Aboriginal Housing Act 1998](/view/html/inforce/current/act-1998-047), section 6.\n\nAccelerated Transport Oriented Development Precincts Rezoning Areas Map means the [State Environmental Planning Policy (Housing) 2021 Accelerated Transport Oriented Development Precincts Rezoning Areas Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-housing-2021).\n\naccessible area means land within—\n\n> (a) 800m walking distance of—\n> \n> > (i) a public entrance to a railway, metro or light rail station, or\n> \n> > (ii) for a light rail station with no entrance—a platform of the light rail station, or\n> \n> > (iii) a public entrance to a wharf from which a Sydney Ferries ferry service operates, or\n\n> (b) (Repealed)\n\n> (c) 400m walking distance of a bus stop used by a regular bus service, within the meaning of the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039), that has at least 1 bus per hour servicing the bus stop between—\n> \n> > (i) 6am and 9pm each day from Monday to Friday, both days inclusive, and\n> \n> > (ii) 8am and 6pm on each Saturday and Sunday.\n\nApartment Design Guide means the Apartment Design Guide published by the Department in July 2015.\n\nARI means average recurrence interval.\n\nAS 1428.1 means the version of the Australian Standard entitled AS 1428.1:2021, Design for access and mobility, Part 1: General requirements for access—New building work, published by Standards Australia, adopted in the Building Code of Australia.\n\nAS 4586—2013, for Schedule 4—see Schedule 4, section 1A.\n\nAS/NZS 2890.6 means the version of the Australian Standard entitled AS/NZS 2890.6—2009, Parking facilities, Part 6: Off street parking for people with disabilities, published by Standards Australia, adopted in the Building Code of Australia.\n\nbattle-axe lot means a lot that has access to a road by an access laneway.\n\nboarding room means a room or suite of rooms within a boarding house occupied or so constructed or adapted as to be capable of being occupied by 1 or more residents.\n\nbuilding line has the same meaning as in the Codes SEPP, clause 1.5.\n\nBush Fire Evacuation Risk Map means the map marked “State Environmental Planning Policy No 5—Housing for Older People or People with a Disability (Amendment No 6) Bush Fire Evacuation Risk Map” published on the Department’s website.\n\nbush fire prone land means land identified on a bush fire prone land map certified under the Act, section 10.3.\n\nCentral Coast City means the land described as the Central Coast City in the Six Cities Region.\n\nNote—\n\nThe Act, Schedule 9 sets out the local government areas in each city in the Six Cities Region.\n\nCentral River City means the land described as the Central River City in the Six Cities Region.\n\nNote—\n\nThe Act, Schedule 9 sets out the local government areas in each city in the Six Cities Region.\n\ncirculation space, for Schedule 4—see Schedule 4, section 1A.\n\nCodes SEPP means [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).\n\ncontinuous accessible path of travel, for Schedule 4—see Schedule 4, section 1A.\n\ndeep soil zone means a landscaped area with no buildings or structures above or below the ground.\n\ndesign principles for residential apartment development means the principles set out in Schedule 9.\n\ndesign principles for seniors housing means the principles set out in Schedule 8.\n\ndesign review panel means a panel constituted by the Minister under the [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759), section 288A.\n\ndevelopment consent has the same meaning as in the Codes SEPP, clause 1.5.\n\ndevelopment for the purposes of a secondary dwelling—see section 49.\n\ndwelling, for Chapter 3, Part 14—see section 141M.\n\nEastern Harbour City means the land described as the Eastern Harbour City in the Six Cities Region.\n\nNote—\n\nThe Act, Schedule 9 sets out the local government areas in each city in the Six Cities Region.\n\nequivalent land use zone—see section 5.\n\nflood and risk impact assessment means a study to assess, in relation to land on which development is carried out—\n\n> (a) flood behaviour, constraints and risk, and\n\n> (b) off-site flood impacts on property and the community, and\n\n> (c) flood risks to buildings resulting from the development and users of the buildings.\n\nflood compatible material means building materials and surface finishes capable of withstanding prolonged immersion in water.\n\nflood control lot means a lot to which flood related development controls apply in relation to development for the purposes of secondary dwellings or group homes.\n\nflood planning level means—\n\n> (a) the flood planning level adopted in a development control plan by the relevant council for the lot, or\n\n> (b) the flood planning level specified in a flood study or floodplain risk management plan—\n> \n> > (i) prepared in accordance with the principles of the Flood Risk Management Manual, and\n> \n> > (ii) adopted by the relevant council for the lot.\n\nflood prone land has the same meaning as in the Flood Risk Management Manual.\n\nFlood Risk Management Manual means the Flood Risk Management Manual, ISBN 978-1-923076-17-4, published by the NSW Government in June 2023.\n\nflow path means a flow path identified in the council’s flood study or floodplain risk management study carried out in accordance with the Flood Risk Management Manual.\n\ngeneral power outlet, for Schedule 4—see Schedule 4, section 1A.\n\ngeneral requirements, for Chapter 3, Part 14—see section 141M.\n\nhabitable room has the same meaning as in the Building Code of Australia.\n\nNote—\n\nThe term is defined as a room used for normal domestic activities, other than a bathroom, laundry, toilet, pantry, walk in wardrobe, hallway, lobby, clothes drying room or other space of a specialised nature not occupied frequently or for extended periods.\n\nheritage conservation area means the following identified in another environmental planning instrument—\n\n> (a) a heritage conservation area,\n\n> (b) an archaeological site,\n\n> (c) an Aboriginal place of heritage significance.\n\nheritage item means a heritage item identified in another environmental planning instrument.\n\nhigh hazard area means a high hazard area identified in the council’s flood study or floodplain risk management study carried out in accordance with the Flood Risk Management Manual.\n\nhigh risk area means a high risk area identified in the council’s flood study or floodplain risk management study carried out in accordance with the Flood Risk Management Manual.\n\nhostel—see section 82.\n\nin-fill self-care housing—see section 82.\n\nLand and Housing Corporation means the New South Wales Land and Housing Corporation constituted by the [Housing Act 2001](/view/html/inforce/current/act-2001-052).\n\nlandscaped area means the part of the site area not occupied by a building and includes a part used or intended to be used for a rainwater tank, swimming pool or open-air recreation facility, but does not include a part used or intended to be used for a driveway or parking area.\n\nlow and mid rise housing area, for Chapter 6—see section 163.\n\nlow and mid rise housing inner area, for Chapter 6—see section 163.\n\nlow and mid rise housing outer area, for Chapter 6—see section 163.\n\nLow Rise Housing Diversity Design Guide has the same meaning as in the Codes SEPP.\n\nmanor house has the same meaning as in the Codes SEPP.\n\nmaximum permissible building height means the maximum building height permitted on the land under Chapter 5 or 6, where relevant, an environmental planning instrument, other than this Policy, or a development control plan.\n\nmaximum permissible floor space ratio means the maximum floor space ratio permitted on the land under Chapter 5 or 6, where relevant, an environmental planning instrument, other than this Policy, or a development control plan.\n\nmodification application has the same meaning as in the [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759).\n\nmulti dwelling housing (terraces) has the same meaning as in the Codes SEPP.\n\noccupation date, for Chapter 3, Part 14—see section 141M.\n\nplanning agreement has the same meaning as in the Act, Division 7.1.\n\nPlanning for Bush Fire Protection means the document prescribed by the [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759), section 271.\n\nprimary road has the same meaning as in the Codes SEPP, clause 1.5.\n\nprofessional engineer means a registered professional engineer, within the meaning of the [Design and Building Practitioners Act 2020](/view/html/inforce/current/act-2020-007), who is authorised by the registration to carry out the work required.\n\nprotected tree has the same meaning as in the Codes SEPP, clause 1.5.\n\nregistered community housing provider has the same meaning as in the [Community Housing Providers (Adoption of National Law) Act 2012](/view/html/inforce/current/act-2012-059), section 13.\n\nrelevant authority means the following—\n\n> (a) the Aboriginal Housing Office,\n\n> (b) the Land and Housing Corporation,\n\n> (c) Landcom.\n\nrelevant planning instrument means an environmental planning instrument, other than this Policy, or a development control plan, if any, that applies to the land on which the development will be carried out.\n\nresidential apartment development—see section 144.\n\nsecondary road has the same meaning as in the Codes SEPP, clause 1.5.\n\nservicing equipment includes plant, lift motor rooms and fire stairs.\n\nsetback has the same meaning as in the Codes SEPP, clause 1.5.\n\nsite area or site means the area of land on which development is or will be carried out and may include the whole or part of 1 lot, or more than 1 lot if the lots are contiguous to each other, but does not include land on which development is not permitted to be carried out under this Policy.\n\nsocial housing provider means the following—\n\n> (a) the Secretary of the Department of Communities and Justice,\n\n> (b) the Land and Housing Corporation,\n\n> (c) a registered community housing provider,\n\n> (d) the Aboriginal Housing Office,\n\n> (e) a registered Aboriginal housing organisation within the meaning of the [Aboriginal Housing Act 1998](/view/html/inforce/current/act-1998-047),\n\n> (f) a local government authority that provides affordable housing,\n\n> (g) a not-for-profit organisation that is a direct provider of rental housing to tenants.\n\nstandard instrument means the standard instrument set out at the end of the [Standard Instrument (Local Environmental Plans) Order 2006](/view/html/inforce/current/epi-2006-0155).\n\nstrata subdivision means subdivision by the following, each within the meaning of the [Strata Schemes Development Act 2015](/view/html/inforce/current/act-2015-051)—\n\n> (a) a strata plan,\n\n> (b) a strata plan of consolidation,\n\n> (c) a strata plan of subdivision.\n\ntemporary housing, for Chapter 3, Part 14—see section 141M.\n\ntenanted component, of a building, means the dwellings referred to in section 72(3)(a), including the common spaces and shared facilities provided for the use of the residents of the dwellings.\n\nthe Act means the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n\nTown Centres Map, for Chapter 6—see section 163.\n\nwalking distance means the shortest distance between 2 points measured along a route that may be safely walked by a pedestrian using, as far as reasonably practicable, public footpaths and pedestrian crossings.\n\nWestern Parkland City means the land described as the Western Parkland City in the Six Cities Region.\n\nNote—\n\nThe Act, Schedule 9 sets out the local government areas in each city in the Six Cities Region.\n\n**sch 10 (previously Dictionary):** Am 2022 (99), Sch 1\\[23\\] \\[24\\]; 2022 (349), Sch 1\\[48\\]; 2023 (83), Sch 2.3\\[5\\]; 2023 (609), Sch 2.18\\[2\\] \\[6\\]; 2023 (664), Sch 1\\[74\\] \\[75\\]. Renumbered 2023 (664), Sch 1\\[73\\]. Am 2024 (135), Sch 1\\[14\\] \\[15\\]; 2024 (594), Sch 2\\[5\\]; 2024 (652), Sch 1\\[12\\]; 2025 (81), Sch 1\\[4\\]; 2025 (105), Sch 1\\[2\\]; 2025 (512), Sch 1\\[35\\]; 2025 (647), Sch 1\\[3\\]; 2026 (32), Sch 2\\[1\\]; 2026 (33), Sch 2\\[5\\].\n\n**sch 10 (as originally notified):** Rep 2022 (349), Sch 1\\[47\\].","sortOrder":397},{"sectionNumber":"Schedule 11","sectionType":"schedule","heading":"Low and mid rise housing area stations","content":"# Schedule 11 Low and mid rise housing area stations\n\nSchedule 11 Low and mid rise housing area stations\n\nsection 163, definitions of “low and mid rise housing area”, “low and mid rise housing inner area” and “low and mid rise housing outer area”\n\nAdamstown station\n\nArncliffe station\n\nArtarmon station\n\nAshfield station\n\nBanksia station\n\nBankstown station\n\nBella Vista station\n\nBeverly Hills station\n\nBexley North station\n\nCanley Vale station\n\nCardiff station\n\nConcord West station\n\nCrows Nest station\n\nCroydon station\n\nDoonside station\n\nDulwich Hill station\n\nFlemington station\n\nGlenfield station\n\nGranville station\n\nGymea station\n\nHamilton station\n\nHills Showground station\n\nHomebush station\n\nHornsby station\n\nKellyville station\n\nKensington light rail station\n\nKillara station\n\nKingsford Juniors light rail station\n\nKotara station\n\nLidcombe station\n\nLilyfield light rail station\n\nLiverpool station\n\nMacquarie Park station\n\nMarrickville station\n\nMeadowbank station\n\nMilsons Point station\n\nMinto station\n\nNorth Ryde station\n\nNorth Strathfield station\n\nOatley station\n\nPenshurst station\n\nPetersham station\n\nPymble station\n\nRedfern station\n\nRegents Park station\n\nRoseville station\n\nSeven Hills station\n\nSt Leonards station\n\nSt Peters station\n\nStanmore station\n\nTurrella station\n\nUNSW Anzac Parade light rail station\n\nVictoria Cross station\n\nWahroonga station\n\nWaitara station\n\nWaverton station\n\nWestmead station\n\nWollstonecraft station\n\nWoolooware station\n\n**sch 11:** Rep 2022 (349), Sch 1\\[47\\]. Ins 2025 (81), Sch 1\\[5\\].","sortOrder":398},{"sectionNumber":"Schedule 12","sectionType":"schedule","heading":"Deferred Transport Oriented Development stations","content":"# Schedule 12 Deferred Transport Oriented Development stations\n\nSchedule 12 Deferred Transport Oriented Development stations\n\nsection 164(1)(k)\n\nCockle Creek station\n\nPunchbowl station\n\nWiley Park station\n\n**sch 12:** Ins 2025 (81), Sch 1\\[5\\]. Am 2026 (32), Sch 2\\[2\\]; 2026 (34), Sch 2\\[2\\].\n\n**Dictionary:** Am 2022 (99), Sch 1\\[23\\] \\[24\\]; 2022 (349), Sch 1\\[48\\]; 2023 (83), Sch 2.3\\[5\\]; 2023 (609), Sch 2.18\\[2\\] \\[6\\]. Renumbered as Sch 10, 2023 (664), Sch 1\\[73\\].","sortOrder":399}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The policy's scope has expanded significantly beyond its original intent. While originally designed to consolidate and streamline housing planning rules for key housing types, it has absorbed entirely separate policy regimes (manufactured home estates from SEPP 36, and caravan parks from SEPP 21) and has been continuously expanded and modified through over 40 amendments in roughly four years. The frequency and breadth of amendments suggests the policy has evolved well beyond a simple consolidation exercise into a primary and constantly shifting instrument of state housing policy reform."},"complexity_factors":["Extremely high amendment frequency — over 40 separate versions since November 2021, meaning the law has changed almost monthly at times","Consolidates multiple previously separate planning policies (including rules for caravan parks and manufactured home estates) into a single instrument","Operates as a state-level override of local council planning rules, creating a layered regulatory system that requires understanding of both state and local instruments","Covers a very broad range of housing types (social, affordable, seniors, boarding houses, build-to-rent, manufactured homes, caravan parks), each with their own specific rules and conditions","Interacts with the broader Environmental Planning and Assessment Act 1979 framework, which itself is complex","Pending uncommenced amendments (Community Housing Providers National Law) add an additional layer of future uncertainty","Drafting errors in original version (Schedule 8 part numbering issue) required editorial correction, indicating internal complexity","Geographic scope applies across all of NSW but with location-specific provisions and exemptions","Fast-track approval pathways and exceptions create complex decision trees for developers and consent authorities (bodies that approve development applications)","Ongoing policy evolution means professionals and affected parties must continuously track which version applies to any given development application"],"plain_english_summary":"## NSW Housing Planning Policy — What You Need to Know\n\nThis is a **NSW State Environmental Planning Policy (SEPP) — basically a set of planning rules** set by the NSW Government that overrides local council planning rules when it comes to housing. Think of it as the state government stepping in and saying: \"On housing matters, our rules apply across NSW, no matter what your local council says.\"\n\n### What does it actually do?\n\nThis policy consolidates (brings together into one document) the rules for a wide range of housing types across NSW, including:\n\n- **Social housing** (government-funded affordable homes for people on low incomes)\n- **Affordable housing** (homes priced below market rate for essential workers and low-to-moderate income earners)\n- **Seniors housing** (retirement villages and aged care facilities)\n- **Boarding houses** (shared accommodation where residents have their own room but share facilities)\n- **Build-to-rent housing** (large apartment buildings owned by one landlord and rented out long-term)\n- **Manufactured home estates** (communities of pre-built homes, sometimes called \"relocatable homes\")\n- **Caravan parks** (both holiday and permanent residential)\n\n### Who does this affect?\n\n- **Homeowners and renters**: The rules determine what types of housing can be built near you, potentially affecting your neighbourhood's character and property values.\n- **Developers and builders**: This policy sets out what you can build, where you can build it, and under what conditions — sometimes making it easier to get approval by bypassing local council restrictions.\n- **Local councils**: Their own planning rules (called Local Environmental Plans or LEPs) may be overridden by this policy in certain situations.\n- **Affordable and social housing providers**: The policy creates pathways to fast-track approvals for social and affordable housing projects.\n- **People seeking housing**: More housing types in more locations could mean more options, particularly for people struggling with housing affordability.\n\n### Why does it matter?\n\nNSW is facing a housing crisis. This policy is a key tool the state government uses to boost housing supply — particularly affordable and social housing — by cutting through local council red tape. It has been **amended extremely frequently** (over 40 times since 2021), reflecting ongoing and rapid changes to housing policy across the state.\n\n### Key things to know:\n- It **absorbs** (took over) rules from older, now-repealed policies about manufactured home estates and caravan parks.\n- Amendments pending from the *Community Housing Providers (Adoption of National Law) Amendment Act 2025* have **not yet commenced** — meaning more changes are coming.\n- The sheer volume of amendments means the current rules may be significantly different from what was originally introduced in 2021."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Schedule 8 (Editorial Note)","severity":"medium","reasoning":"The Schedule as notified gave explicit placement instructions (Part 7 and Part 8 respectively) that were not followed. The editorial note acknowledges the discrepancy but attributes it to the 'Part heading inserted in this Policy when it was originally notified', meaning the instrument contradicted itself at the moment of notification. A legislative instrument that instructs its own provisions to be placed in locations different from where they actually appear creates uncertainty about which governs: the Schedule instruction or the actual heading. This is a drafting self-contradiction embedded in the original instrument.","confidence":0.92,"description":"Schedule 8 instructed provisions of SEPP No 36 (Manufactured Home Estates) to be transferred as Chapter 3, Part 7, but they were actually inserted as Chapter 3, Part 8. Similarly, Schedule 8 instructed provisions of SEPP No 21 (Caravan Parks) to be transferred as Chapter 3, Part 8, but they were actually inserted as Chapter 3, Part 9. The operative instrument contains internally contradictory placement instructions that were not followed as written."},{"type":"self_contradicting","section":"Schedule 8 (Editorial Note) — SEPP No 21 and SEPP No 36 placement conflict","severity":"high","reasoning":"Reading Schedule 8 literally as notified: SEPP No 36 → Part 7, SEPP No 21 → Part 8. But as actually enacted: SEPP No 36 → Part 8, SEPP No 21 → Part 9. This means the original Schedule 8 instruction assigned 'Part 8' to SEPP No 21 provisions, while simultaneously (by operation of actual insertion) Part 8 became the home of SEPP No 36 provisions. The Schedule's own text therefore conflicts with the instrument's actual structure, and two different bodies of provisions compete for the same Part designation under different readings of the same Schedule.","confidence":0.88,"description":"Schedule 8 instructed SEPP No 36 provisions to go into Part 7 and SEPP No 21 provisions to go into Part 8. However, both were bumped up one part number each. This means Schedule 8 assigned Part 8 to two different sets of provisions simultaneously — SEPP No 36 (per the actual insertion) and SEPP No 21 (per the Schedule's own instruction) — creating a double-assignment of the same Part number in the original Schedule."}],"contradictions":[{"severity":"medium","section_a":"Schedule 8 as originally notified (SEPP No 36 → Chapter 3, Part 7)","section_b":"Chapter 3, Part 8 heading (actual placement of SEPP No 36 provisions)","confidence":0.92,"description":"Schedule 8 expressly directed the SEPP No 36 (Manufactured Home Estates) provisions to be inserted as Chapter 3, Part 7. The provisions were instead inserted as Chapter 3, Part 8. The operative instruction in the Schedule directly contradicts the structure of the instrument as enacted."},{"severity":"medium","section_a":"Schedule 8 as originally notified (SEPP No 21 → Chapter 3, Part 8)","section_b":"Chapter 3, Part 9 heading (actual placement of SEPP No 21 provisions)","confidence":0.92,"description":"Schedule 8 expressly directed the SEPP No 21 (Caravan Parks) provisions to be inserted as Chapter 3, Part 8. The provisions were instead inserted as Chapter 3, Part 9. Again, the operative Schedule instruction contradicts the actual enacted structure of the Policy."}]},"kimi_summary":{"_metrics":{"completionTokens":682},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The policy has expanded significantly from its original 2021 scope. Initially consolidating affordable rental housing and seniors housing policies, it has since added: Chapter 4 (2023) for residential apartment design standards; Chapter 5 (2024) for transport-oriented development; Chapter 6 (2025) for low and mid-rise housing near stations; Part 13 (2024) for construction workers accommodation; Part 14 (2024) for temporary housing; and numerous amendments to short-term rental rules. The policy now functions as a comprehensive housing supply mechanism rather than just a specialist affordable housing instrument."},"complexity_factors":["Extensive cross-referencing to other SEPPs, local environmental plans, and the Standard Instrument","Multiple overlapping pathways for the same development type (consent, complying development, exempt development)","Numerous defined terms in Schedule 10 with technical planning meanings","Mathematical formulas for calculating affordable housing contributions and floor space ratios","Conditional application based on mapped areas (Transport Oriented Development Areas, Six Cities Region, accessible areas)","Nested exceptions and savings provisions in Schedule 7A preserving old rules for pending applications","Multiple amendment histories showing rapid legislative evolution","Detailed technical standards referencing Australian Standards and Building Code of Australia","Zone-specific requirements with equivalent land use zone mapping provisions","Temporal limitations (15-year affordable housing obligations, 5-year temporary housing periods)"],"plain_english_summary":"This is a comprehensive NSW planning policy that governs housing development across the state. It consolidates and replaces several older policies, creating a unified framework for diverse housing types.\n\n**What it does:**\n- **Enables diverse housing** including apartments, boarding houses, co-living housing, build-to-rent, seniors housing, secondary dwellings (granny flats), and manufactured home estates\n- **Promotes affordable housing** through incentives like bonus floor space ratios for developers who include affordable units\n- **Protects existing affordable rental housing** by requiring compensation when low-rent dwellings are demolished or converted\n- **Regulates short-term rental accommodation** (like Airbnb) with caps on non-hosted stays in certain areas\n- **Sets design standards** for apartments and seniors housing to ensure quality and accessibility\n- **Creates special development pathways** near transport hubs and in disaster-affected areas\n\n**Who it affects:**\n- Property developers and builders\n- Local councils making planning decisions\n- Social housing providers (Land and Housing Corporation, Aboriginal Housing Office, community housing providers)\n- Homeowners wanting to build secondary dwellings or use properties for short-term rentals\n- Seniors and people with disabilities seeking appropriate housing\n\n**Key mechanisms:**\n- **Non-discretionary development standards** — if developers meet these, councils cannot demand stricter requirements\n- **Complying development** — streamlined approval for certain secondary dwellings and group homes that meet specified standards\n- **Site compatibility certificates** — pre-approval from the Planning Secretary for certain developments\n- **Bonus floor space ratios** — extra building density allowed in exchange for affordable housing contributions\n\nThe policy is highly technical, with extensive cross-references to other planning instruments, maps, and design guides. It has been amended numerous times since 2021 to add new housing types and respond to housing supply pressures."}},"importantCases":[],"_links":{"self":"/api/acts/state-environmental-planning-policy-housing-2021","history":"/api/acts/state-environmental-planning-policy-housing-2021/history","analysis":"/api/acts/state-environmental-planning-policy-housing-2021/analysis","conflicts":"/api/acts/state-environmental-planning-policy-housing-2021/conflicts","importantCases":"/api/acts/state-environmental-planning-policy-housing-2021/important-cases","documents":"/api/acts/state-environmental-planning-policy-housing-2021/documents"}}