1 Name of Policy

1 Name of Policy

This Policy is State Environmental Planning Policy (Housing) 2021.

2 Commencement

2 Commencement

This Policy commences on the day on which it is published on the NSW legislation website.

3 Principles of Policy

3 Principles of Policy

The principles of this Policy are as follows—

(a) enabling the development of diverse housing types, including purpose-built rental housing,

(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,

(c) ensuring new housing development provides residents with a reasonable level of amenity,

(d) promoting the planning and delivery of housing in locations where it will make good use of existing and planned infrastructure and services,

(e) minimising adverse climate and environmental impacts of new housing development,

(f) reinforcing the importance of designing housing in a way that reflects and enhances its locality,

(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,

(h) mitigating the loss of existing affordable rental housing.

4 Interpretation—general

4 Interpretation—general

(1) The Dictionary in Schedule 10 defines words used in this Policy.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Policy.

(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.

(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.

s 4: Am 2022 (451), Sch 1[1]; 2022 (727), Sch 2[1]; 2023 (664), Sch 1[1].

5 Interpretation—references to equivalent land use zones

5 Interpretation—references to equivalent land use zones

(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—

(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

(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.

(2) For the purposes of subsection (1)(b)—

(a) the opinion of the relevant public authority applies only in relation to the development proposed to be carried out, and

(b) more than 1 opinion may be formed in relation to the same land use zone.

(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.

(4) In this section—

draft standard instrument means a draft environmental planning instrument—

(a) in the form referred to in the Act, section 3.20(2), and

(b) in relation to which the community participation requirements referred to in the Act, Schedule 1, clause 4 have been met.

equivalent land use zone means a land use zone equivalent to a named land use zone.

named land use zone means a land use zone named in the standard instrument.

non-standard instrument means an environmental planning instrument that is not made as provided by the Act, section 3.20(2).

relevant public authority means—

(a) the public authority proposing to carry out the development, or on whose behalf the development is proposed to be carried out, or

(b) if the development is to be carried out by or on behalf of a person other than a public authority—the consent authority.

s 5: Am 2023 (664), Sch 1[2]–[4].

6 Development permitted without consent

6 Development permitted without consent

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.

Note—

Development permitted without consent may be subject to environmental assessment and approval requirements in the Act, Part 5.

s 6: Am 2022 (99), Sch 1[1].

7 Land to which Policy applies

7 Land to which Policy applies

This Policy applies to the State.

8 Relationship with other environmental planning instruments

8 Relationship with other environmental planning instruments

(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.

(2) State Environmental Planning Policy (Sustainable Buildings) 2022, Chapter 2 prevails over this policy, Chapter 4, to the extent of an inconsistency.

s 8: Am 2023 (664), Sch 1[5].

9 Suspension of covenants, agreements and instruments

9 Suspension of covenants, agreements and instruments

(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.

(2) Subsection (1) does not apply to—

(a) a covenant imposed by a council or that the council requires to be imposed, or

(b) a biodiversity certification conferred under the Biodiversity Conservation Act 2016, Part 8, or

(c) a private land conservation agreement within the meaning of the Biodiversity Conservation Act 2016, or

(d) a relevant instrument within the meaning of the Crown Land Management Act 2016, section 13.4, or

(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, Part 5A, or

(f) a conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or

(g) a property vegetation plan within the meaning of the Native Vegetation Act 2003 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or

(h) a Trust agreement within the meaning of the Nature Conservation Trust Act 2001 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or

(i) a planning agreement, or

(j) a covenant in favour of Sydney Water Corporation or a water supply authority listed in the Water Management Act 2000, Schedule 3.

(3) This section does not affect the rights or interests of a public authority under a registered instrument.

(4) Before this Policy was made, the Governor approved this section under the Act, section 3.16.

s 9: Am 2024 (135), Sch 1[1].

10 Repeals

10 Repeals

(1) The following environmental planning instruments are repealed—

(a) State Environmental Planning Policy (Affordable Rental Housing) 2009,

(b) State Environmental Planning Policy No 70—Affordable Housing (Revised Schemes).

(2) The following environmental planning instruments, as amended by Schedule 8, are repealed—

(a) State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004,

(b) State Environmental Planning Policy No 21—Caravan Parks,

(c) State Environmental Planning Policy No 36—Manufactured Home Estates.

11 Maps

11 Maps

(1) A reference in this Policy to a named map adopted by this Policy is a reference to a map by that name—

(a) approved by the Minister when the map is adopted, and

(b) as amended or replaced from time to time by maps—

(i) declared by environmental planning instruments to amend or replace the map, and

(ii) approved by the persons making the instruments when the instruments are made.

(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.

(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.

12 Transferred provisions

12 Transferred provisions

The Interpretation Act 1987, 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—

(a) Chapter 3, Parts 8 and 9,

(b) Schedules 4, 5, 6 and 7.

Note—

The Interpretation Act 1987, section 30A provides—

(a) the transfer of a provision does not affect the operation or meaning of the provision, and

(b) a transferred provision is to be construed as if it had not been transferred.

s 12: Am 2022 (451), Sch 1[2].

12A Limitation on additional floor space ratio

12A Limitation on additional floor space ratio

(1) This section applies to development involving more than one of the following—

(a) development for the purposes of in-fill affordable housing under Chapter 2, Part 2, Division 1,

(b) development for the purposes of boarding houses under Chapter 2, Part 2, Division 2,

(c) development for the purposes of co-living housing under Chapter 3, Part 3,

(d) development for the purposes of seniors housing under Chapter 3, Part 5.

(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.

(3) In this section—

relevant provision means section 16, 17, 24(2)(a)(ii), 68(2)(a)(ii) or 87(2)(a).

s 12A: Ins 2023 (664), Sch 1[6]. Am 2025 (42), Sch 1; 2025 (684), Sch 3[1].

Part 1 Preliminary

Part 1 Preliminary

13A Application of Chapter 4 to affordable housing

13A Application of Chapter 4 to affordable housing

Development to which this chapter, Part 2, Division 1, 5 or 6 applies may also be residential apartment development under Chapter 4.

Note—

See section 144(6).

s 13A: Ins 2022 (349), Sch 1[1]. Subst 2023 (664), Sch 1[7].

13 Affordable housing—the Act, s 1.4(1)

13 Affordable housing—the Act, s 1.4(1)

(1) In this Policy, a household is taken to be a very low income household, low income household or moderate income household if—

(a) the household—

(i) has a gross income within the following ranges of percentages of the median household income for Greater Sydney or the Rest of NSW—

(A) very low income household—less than 50%,

(B) low income household—50–less than 80%,

(C) moderate income household—80–120%, and

(ii) pays no more than 30% of the gross income in rent, or

(b) the household—

(i) is eligible to occupy rental accommodation under the National Rental Affordability Scheme, and

(ii) pays no more rent than the rent that would be charged if the household were to occupy rental accommodation under the Scheme.

(2) In this section—

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.

National Rental Affordability Scheme has the same meaning as in the National Rental Affordability Scheme Act 2008 of the Commonwealth.

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.

14 Need for affordable housing and imposition of conditions—the Act, s 7.32(1)

14 Need for affordable housing and imposition of conditions—the Act, s 7.32(1)

This Policy identifies that there is a need for affordable housing within each area of the State.

15 Requirement for imposition of conditions—the Act, s 7.32(3)(a)

15 Requirement for imposition of conditions—the Act, s 7.32(3)(a)

Before imposing a condition under the Act, section 7.32, the consent authority must consider the following—

(a) affordable housing must aim to create mixed and balanced communities,

(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,

(c) affordable housing must be made available to very low, low and moderate income households, or a combination of the households,

(d) affordable housing must be rented to appropriately qualified tenants and at an appropriate rate of gross household income,

(e) land provided for affordable housing must be used for the purposes of the provision of affordable housing,

(f) buildings provided for affordable housing must be managed to maintain their continued use for affordable housing,

(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.

Part 2 Development for affordable housing

Part 2 Development for affordable housing

Division 1 In-fill affordable housing

Division 1 In-fill affordable housing

ch 2, pt 2, div 1: Subst 2023 (664), Sch 1[8].

15A Objective of division

15A Objective of division

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.

s 15A: Ins 2023 (664), Sch 1[8].

15B Definitions

15B Definitions

(1) In this division—

affordable housing component, of development, means the percentage of the gross floor area used for affordable housing.

residential development means development for the following purposes—

(a) attached dwellings,

(b) dual occupancies,

(c) dwelling houses,

(d) manor houses,

(e) multi dwelling housing,

(f) multi dwelling housing (terraces),

(g) residential flat buildings,

(h) semi-detached dwellings,

(i) shop top housing.

(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.

s 15B: Ins 2023 (664), Sch 1[8].

15C Development to which division applies

15C Development to which division applies

(1) This division applies to development that includes residential development if—

(a) the development is permitted with consent under Chapter 3, Part 4, Chapter 5, Chapter 6 or another environmental planning instrument, and

(b) the affordable housing component is at least 10%, and

(c) all or part of the development is carried out—

(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

(ii) for development on other land—within 800m walking distance of land in a relevant zone or an equivalent land use zone.

(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.

(2A) This division does not apply to development—

(a) on land identified as an “Accelerated TOD Precinct” on the Accelerated Transport Oriented Development Precincts Rezoning Areas Map, or

(b) on land identified as the “Warrawong Site” on the State Significant Development Sites Map, within the meaning of State Environmental Planning Policy (Planning Systems) 2021, Chapter 2, or

(c) on land identified as the “Kanwal Site” on the State Significant Development Sites Map, within the meaning of State Environmental Planning Policy (Planning Systems) 2021, Chapter 2, or

(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, or

(e) on land identified on the State Environmental Planning Policy (Precincts—Central River City) 2021 Sydney Olympic Park Land Application Map.

(3) In this section—

relevant zone means the following—

(a) Zone E1 Local Centre,

(a1) Zone E2 Commercial Centre,

(b) Zone MU1 Mixed Use,

(c) Zone B1 Neighbourhood Centre,

(d) Zone B2 Local Centre,

(e) Zone B4 Mixed Use.

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.

16 Affordable housing requirements for additional floor space ratio

16 Affordable housing requirements for additional floor space ratio

(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).

(2) The minimum affordable housing component, which must be at least 10%, is calculated as follows—

(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).

Example—

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.

(4) This section does not apply to development on land for which there is no maximum permissible floor space ratio.

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.

17 Additional floor space ratio for relevant authorities and registered community housing providers

17 Additional floor space ratio for relevant authorities and registered community housing providers

(1) This section applies to residential development to which this division applies that is carried out—

(a) by or on behalf of a relevant authority or registered community housing provider, and

(b) on land with a maximum permissible floor space ratio of 2:1 or less.

(2) The maximum floor space ratio for the development is—

(a) the maximum floor space ratio calculated in accordance with section 16, or

(b) the maximum floor space ratio calculated in accordance with subsection (3).

(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—

(a) if the affordable housing component is at least 50%—0.5:1, or

(b) if the affordable housing component is between 20% and 50%—Y:1,

where—

AH is the affordable housing component.

Y is .

(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.

s 17: Subst 2023 (664), Sch 1[8]. Am 2025 (42), Sch 1.

18 Affordable housing requirements for additional building height

18 Affordable housing requirements for additional building height

(1) This section applies to development that includes residential development to which this division applies if the development—

(a) includes residential flat buildings or shop top housing, and

(b) does not use the additional floor space ratio permitted under section 16.

(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).

(3) The minimum affordable housing component, which must be at least 10%, is calculated as follows—

s 18: Subst 2023 (664), Sch 1[8]. Am 2025 (42), Sch 1.

19 Non-discretionary development standards—the Act, s 4.15

19 Non-discretionary development standards—the Act, s 4.15

(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.

Note—

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.

(2) The following are non-discretionary development standards in relation to the residential development to which this division applies—

(a) a minimum site area of 450m2,

(b) a minimum landscaped area that is the lesser of—

(i) 35m2 per dwelling, or

(ii) 30% of the site area,

(c) a deep soil zone on at least 15% of the site area, where—

(i) each deep soil zone has minimum dimensions of 3m, and

(ii) if practicable, at least 65% of the deep soil zone is located at the rear of the site,

(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,

(e) the following number of parking spaces for dwellings used for affordable housing—

(i) for each dwelling containing 1 bedroom—at least 0.4 parking spaces,

(ii) for each dwelling containing 2 bedrooms—at least 0.5 parking spaces,

(iii) for each dwelling containing at least 3 bedrooms— at least 1 parking space,

(f) the following number of parking spaces for dwellings not used for affordable housing—

(i) for each dwelling containing 1 bedroom—at least 0.5 parking spaces,

(ii) for each dwelling containing 2 bedrooms—at least 1 parking space,

(iii) for each dwelling containing at least 3 bedrooms—at least 1.5 parking spaces,

(g) the minimum internal area, if any, specified in the Apartment Design Guide for the type of residential development,

(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,

(i) if paragraphs (g) and (h) do not apply, the following minimum floor areas—

(i) for each dwelling containing 1 bedroom—65m2,

(ii) for each dwelling containing 2 bedrooms—90m2,

(iii) for each dwelling containing at least 3 bedrooms—115m2 plus 12m2 for each bedroom in addition to 3 bedrooms.

(3) Subsection (2)(c) and (d) do not apply to development to which Chapter 4 applies.

s 19: Subst 2023 (664), Sch 1[8].

20 Design requirements

20 Design requirements

(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.

(2) Subsection (1) does not apply to development to which Chapter 4 applies.

(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—

(a) the desirable elements of the character of the local area, or

(b) for precincts undergoing transition—the desired future character of the precinct.

s 20: Subst 2023 (664), Sch 1[8].

21 Must be used for affordable housing for at least 15 years

21 Must be used for affordable housing for at least 15 years

(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—

(a) the development will include the affordable housing component required for the development under section 16, 17 or 18, and

(b) the affordable housing component will be managed by a registered community housing provider.

(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.

s 21: Am 2022 (349), Sch 1[3]. Subst 2023 (664), Sch 1[8].

22 Subdivision permitted with consent

22 Subdivision permitted with consent

Land on which development has been carried out under this division may be subdivided with development consent.

s 22: Subst 2023 (664), Sch 1[8].

Division 2 Boarding houses

Division 2 Boarding houses

23 Boarding houses permitted with consent

23 Boarding houses permitted with consent

(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.

(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—

(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

(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.

s 23: Am 2022 (727), Sch 2[3]; 2023 (664), Sch 1[9]–[11].

24 Non-discretionary development standards—the Act, s 4.15

24 Non-discretionary development standards—the Act, s 4.15

(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.

Note—

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.

(2) The following are non-discretionary development standards in relation to the carrying out of development to which this Division applies—

(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—

(i) the maximum permissible floor space ratio for residential accommodation on the land, and

(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,

(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,

(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,

(d) for development on land in Zone R4 High Density Residential—the minimum landscaping requirements for residential flat buildings under a relevant planning instrument,

(e) at least 3 hours of direct solar access provided between 9am and 3pm at mid-winter in at least 1 communal living area,

(f) for a boarding house containing 6 boarding rooms—

(i) a total of at least 30m2 of communal living area, and

(ii) minimum dimensions of 3m for each communal living area,

(g) for a boarding house containing more than 6 boarding rooms—

(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

(ii) minimum dimensions of 3m for each communal living area,

(h) communal open spaces—

(i) with a total area of at least 20% of the site area, and

(ii) each with minimum dimensions of 3m,

(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—

(i) for development on land within an accessible area—0.2 parking spaces for each boarding room,

(ii) otherwise—0.5 parking spaces for each boarding room,

(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.

s 24: Am 2023 (664), Sch 1[12]–[14].

25 Standards for boarding houses

25 Standards for boarding houses

(1) Development consent must not be granted under this Division unless the consent authority is satisfied that—

(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

(b) no boarding room will be occupied by more than 2 adult residents, and

(c) adequate bathroom, kitchen and laundry facilities will be available within the boarding house for the use of each resident, and

(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

(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

(f) for a boarding house containing at least 6 boarding rooms—the boarding house will have at least 1 communal living area, and

(g) the minimum lot size for the boarding house is not less than—

(i) for development on land in Zone R2 Low Density Residential—600m2, or

(ii) for development on other land—800m2.

(iii) (Repealed)

(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—

(i) for a boarding room intended to be used by a single resident—12m2,

(ii) otherwise—16m2, and

(i) the boarding house will include adequate bicycle and motorcycle parking spaces.

(2) Development consent must not be granted under this Division unless the consent authority considers whether—

(a) the design of the boarding house will be compatible with—

(i) the desirable elements of the character of the local area, or

(ii) for precincts undergoing transition—the desired future character of the precinct, and

(b) the front, side and rear setbacks for the boarding house are not less than—

(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,

(ii) for development on land in Zone R4 High Density Residential—the minimum setback requirements for residential flat buildings under a relevant planning instrument,

(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.

(d), (e) (Repealed)

(3) This section does not apply to development for the purposes of minor alterations or additions to an existing boarding house.

(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).

s 25: Am 2022 (349), Sch 1[5] [6]; 2022 (451), Sch 1[3]; 2025 (291), Sch 1[1].

26 Must be used for affordable housing in perpetuity

26 Must be used for affordable housing in perpetuity

(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—

(a) the boarding house will be used for affordable housing, and

(b) the boarding house will be managed by a registered community housing provider.

(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.

s 26: Am 2022 (349), Sch 1[3]; 2023 (664), Sch 1[15].

27 Subdivision of boarding houses not permitted

27 Subdivision of boarding houses not permitted

Development consent must not be granted for the subdivision of a boarding house.

Division 3 Boarding houses—relevant authorities

Division 3 Boarding houses—relevant authorities

ch 2, pt 2, div 3, hdg: Am 2022 (349), Sch 1[7]; 2023 (664), Sch 1[16].

28 Development to which Division applies

28 Development to which Division applies

(1) This Division applies to development for the purposes of boarding houses on land—

(a) on which development for the purposes of boarding houses is permitted with consent under another environmental planning instrument, or

(b) in Zone R2 Low Density Residential or an equivalent land use zone.

(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—

(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

(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.

s 28: Am 2022 (727), Sch 2[3]; 2023 (664), Sch 1[10] [11] [17].

29 Boarding houses permitted without development consent

29 Boarding houses permitted without development consent

(1) Development to which this Division applies may be carried out by or on behalf of a relevant authority without development consent if—

(a) the development complies with the development standards specified in sections 24(2) and 25(1), and

(b) the relevant authority considers the matters set out in section 25 (2), and

(c) the development will not result in a building with a height of more than 9m, and

(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.

(2) State Environmental Planning Policy (Transport and Infrastructure) 2021, sections 2.15 and 2.17 apply to the development and, in the application of the sections—

(a) a reference in section 2.15 to “this Chapter” is taken to be a reference to this section, and

(b) a reference in the sections to a public authority is taken to be a reference to the relevant authority.

s 29: Am 2022 (349), Sch 1[8]–[10].

30 Notification before carrying out development

30 Notification before carrying out development

(1) Before carrying out development to which this division applies, the relevant authority must do the following—

(a) request that the council nominate persons who must, in the council’s opinion, be notified of the development,

(b) give written notice of the intention to carry out the development to—

(i) the council, and

(ii) any persons nominated by the council under paragraph (a), and

(iii) the occupiers of adjoining land,

(c) take into account the responses to the notice that are received within 21 days after the notice is given.

(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.

s 30: Am 2022 (349), Sch 1[11]–[13]; 2023 (120), Sch 4[1]. Subst 2023 (664), Sch 1[18].

30A Landcom must notify Secretary of Department of Communities and Justice

30A Landcom must notify Secretary of Department of Communities and Justice

Before carrying out development to which this division applies, Landcom must—

(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—

(i) used for affordable housing, and

(ii) managed by a registered community housing provider, and

(b) take into account the responses to the notice that are received within 21 days after the notice is given.

s 30A: Ins 2023 (664), Sch 1[18].

30B Considerations before carrying out development

30B Considerations before carrying out development

(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.

(2) Before carrying out development under this division, the Land and Housing Corporation must consider—

(a) Good Design for Social Housing, published by the Land and Housing Corporation, in partnership with the Government Architect NSW, in September 2020, and

(b) the NSW Land and Housing Corporation Design Requirements, published by the Land and Housing Corporation in February 2023.

(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.

s 30B: Ins 2023 (664), Sch 1[18].

31 Exempt development

31 Exempt development

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.

s 31: Am 2022 (349), Sch 1[14].

32 Subdivision of boarding houses not permitted

32 Subdivision of boarding houses not permitted

Development consent must not be granted for the subdivision of a boarding house.

Division 4 Supportive accommodation

Division 4 Supportive accommodation

33 Land to which Division applies

33 Land to which Division applies

This Division applies to land on which—

(a) development for the purposes of boarding houses is permissible under another environmental planning instrument, or

(b) development for the purposes of residential flat buildings is permissible under Chapter 5, Chapter 6 or another environmental planning instrument.

s 33: Am 2024 (135), Sch 1[4]; 2025 (291), Sch 1[2].

34 Development to which Division applies

34 Development to which Division applies

(1) This Division applies to development for the purposes of supportive accommodation on land to which this Division applies.

(2) In this section—

supportive accommodation means the use of an existing residential flat building or boarding house—

(a) to provide accommodation, in a separate dwelling or boarding room, for a person who needs supervision and support services on-site, and

Example—

A former homeless person.

(b) to provide the supervision and support services, including the following—

(i) medical services,

(ii) counselling services,

(iii) education and training services,

(iv) administrative services.

s 34: Am 2024 (652), Sch 1[1].

35 Development may be carried out without consent

35 Development may be carried out without consent

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.

Division 5 Residential flat buildings—social housing providers, public authorities and joint ventures

Division 5 Residential flat buildings—social housing providers, public authorities and joint ventures

36 Land to which Division applies

36 Land to which Division applies

(1) This Division applies to the following land—

(a) land in the Eastern Harbour City, Central River City, Western Parkland City or Central Coast City within 800m of—

(i) a public entrance to a railway station or light rail station, or

(ii) for a light rail station with no entrance—a platform of the light rail station,

(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—

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.

(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.

s 36: Am 2022 (727), Sch 2[4]; 2023 (664), Sch 1[19].

37 Development to which Division applies

37 Development to which Division applies

(1) This Division applies to development for the purposes of residential flat buildings carried out on land to which this Division applies—

(a) by or on behalf of a public authority or social housing provider, or

(b) by a person who is carrying out the development with a relevant authority.

(2) This Division does not apply to—

(a) development to which this Part, Division 1 applies, or

(b) development to which Chapter 3, Part 4 applies.

s 37: Am 2022 (349), Sch 1[3].

38 Development may be carried out with consent

38 Development may be carried out with consent

(1) Development to which this Division applies may be carried out with consent.

(2) Development consent must not be granted under this Division unless the consent authority is satisfied that—

(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

(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.

(3) Nothing in this section prevents a consent authority from—

(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

(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

(c) considering another matter in determining a development application.

(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.

Note—

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.

s 38: Am 2022 (99), Sch 1[2] [3].

39 Site compatibility certificates

39 Site compatibility certificates

(1) An application for a site compatibility certificate under this Division may be made to the Planning Secretary—

(a) by the owner of the land on which the development is proposed to be carried out, or

(b) by another person with the consent of the owner of the land.

(2) An application—

(a) must be in a written form approved by the Planning Secretary, and

(b) must be accompanied by the documents and information required by the Planning Secretary, and

(c) must be accompanied by the fee, if any, prescribed by the regulations.

(3) The Planning Secretary may request further documents and information to be furnished in connection with an application.

(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.

(5) The Planning Secretary may determine the application by issuing a certificate or refusing to do so.

(6) The Planning Secretary must not issue a certificate unless the Planning Secretary—

(a) has taken into account comments, if any, received from the council within 14 days after the application for the certificate was made, and

(b) is of the opinion that the residential flat building is compatible with the surrounding land uses considering the following matters—

(i) the existing uses and approved uses of land in the area,

(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,

(iii) the services and infrastructure that are or will be available to meet the demands arising from the development, and

(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.

(7) A certificate may certify that development is compatible with the surrounding land uses only if it satisfies certain requirements specified in the certificate.

(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.

(9) A certificate is valid for—

(a) 5 years, or

(b) otherwise—the period specified in the certificate.

(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.

s 39: Am 2022 (99), Sch 1[4].

40 Must be used for affordable housing for at least 15 years

40 Must be used for affordable housing for at least 15 years

(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—

(a) at least 50% of the dwellings to which the development relates will be used for affordable housing, and

(b) the dwellings used for affordable housing will be managed by a registered community housing provider.

(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.

s 40: Am 2022 (349), Sch 1[3]; 2023 (664), Sch 1[20].

41

41 (Repealed)

Division 6 Residential development—relevant authorities

Division 6 Residential development—relevant authorities

ch 2, pt 2, div 6: Subst 2023 (664), Sch 1[22].

ch 2, pt 2, div 6, hdg: Am 2022 (349), Sch 1[15]. Subst 2023 (664), Sch 1[22].

42 Development to which division applies

42 Development to which division applies

(1) This division applies to residential development if—

(a) the development—

(i) is permitted with development consent on the land under Chapter 5, Chapter 6 or another environmental planning instrument, or

(ii) will be carried out—

(A) by the Land and Housing Corporation or the Aboriginal Housing Office, and

(B) on land within an accessible area and within the Six Cities Region, and

(C) in a relevant residential zone, within the meaning of Chapter 5, and

(b) all buildings will have a height not exceeding the greater of—

(i) 11m, or

(ii) the maximum permissible building height for the development on the land, and

(c) all buildings will have a floor space ratio not exceeding the greater of—

(i) 0.65:1, or

(ii) the maximum permissible floor space ratio for the development on the land, and

(d) the development will not result in more than 75 dwellings on a single site, and

(e) for development on land in an accessible area—the development will result in the following number of parking spaces—

(i) for each dwelling containing 1 bedroom—at least 0.4 parking spaces,

(ii) for each dwelling containing 2 bedrooms—at least 0.5 parking spaces,

(iii) for each dwelling containing at least 3 bedrooms—at least 1 parking space, and

(f) for development on land that is not in an accessible area—the development will result in the following number of parking spaces—

(i) for each dwelling containing 1 bedroom—at least 0.5 parking spaces,

(ii) for each dwelling containing 2 bedrooms—at least 1 parking space,

(iii) for each dwelling containing at least 3 bedrooms—at least 1.5 parking spaces.

(2) This division also applies to the following development if the development is permitted on the land under another environmental planning instrument—

(a) the demolition of buildings and associated structures if the building or structure is on land that—

(i) is non-heritage land, and

(ii) is not identified in an environmental planning instrument as being in a heritage conservation area,

(b) the subdivision of land and subdivision works.

(3) This division does not apply to—

(a) development to which Chapter 2, Part 2, Division 5 applies, or

(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.

(4) State Environmental Planning Policy (Transport and Infrastructure) 2021, sections 2.15 and 2.17 apply to the development and, in the application of the sections—

(a) a reference in section 2.15 to “this Chapter” is taken to be a reference to this section, and

(b) a reference in the sections to a public authority is taken to be a reference to the relevant authority.

(5) In this section—

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.

non-heritage land means land that—

(a) does not contain a heritage item, and

(b) is not the subject of an interim heritage order under the Heritage Act 1977, and

(c) is not listed on the State Heritage Register under the Heritage Act 1977.

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].

43 Development permitted without consent

43 Development permitted without consent

(1) Development specified in section 42(1) may be carried out without consent if the development is carried out by or on behalf of—

(a) Landcom, if all dwellings resulting from the residential development are used for affordable housing, or

(b) another relevant authority.

(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.

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].

43A Notification before carrying out development

43A Notification before carrying out development

(1) Before carrying out development to which this division applies, the relevant authority must do the following—

(a) request that the council nominate persons who must, in the council’s opinion, be notified of the development,

(b) give written notice of the intention to carry out the development to—

(i) the council, and

(ii) any persons nominated by the council under paragraph (a), and

(iii) the occupiers of adjoining land,

(c) take into account the responses to the notice that are received within 21 days after the notice is given.

(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.

s 43A: Ins 2023 (664), Sch 1[22].

43B Landcom must notify Secretary of Department of Communities and Justice

43B Landcom must notify Secretary of Department of Communities and Justice

Before carrying out development to which this division applies, Landcom must—

(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—

(i) used for affordable housing, and

(ii) managed by a registered community housing provider, and

(b) take into account the responses to the notice that are received within 21 days after the notice is given.

s 43B: Ins 2023 (664), Sch 1[22].

43C Consideration of design of residential apartment development

43C Consideration of design of residential apartment development

Before carrying out residential apartment development to which this division applies, the relevant authority must consider the following—

(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,

(b) the Apartment Design Guide.

s 43C: Ins 2023 (664), Sch 1[22].

44 Considerations before carrying out development

44 Considerations before carrying out development

(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.

(2) Before carrying out development to which this division applies, the Land and Housing Corporation must consider—

(a) Good Design for Social Housing, published by the Land and Housing Corporation, in partnership with the Government Architect NSW, in September 2020, and

(b) the NSW Land and Housing Corporation Design Requirements, published by the Land and Housing Corporation in February 2023.

(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.

s 44: Am 2022 (349), Sch 1[16] [20]. Subst 2023 (664), Sch 1[22].

44A Exempt development

44A Exempt development

(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.

(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.

(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.

s 44A: Ins 2023 (664), Sch 1[22].

Part 3 Retention of existing affordable rental housing

Part 3 Retention of existing affordable rental housing

Note—

Development that would otherwise be complying development cannot be carried out in relation to low-rental dwellings or low-rental residential buildings.

45 Definitions

45 Definitions

In this Part—

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—

(a) it is in the same or a neighbouring suburb, and

(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

(c) it is available for occupation on the day the development application is lodged, and

(d) for residential flat buildings—it comprises dwellings with the same number of bedrooms as the dwellings in the Part 3 accommodation.

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—

(a) of the same type, and

(b) with the same number of bedrooms, and

(c) in the same local government area.

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—

(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

(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

(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.

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.

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.

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.

s 45: Am 2022 No 26, Sch 2.30; 2023 (664), Sch 1[23]–[27].

46 Buildings to which Part applies

46 Buildings to which Part applies

(1) This Part applies to a low-rental residential building on land within the following areas—

(a) the Eastern Harbour City,

(b) the Central River City,

(c) the Western Parkland City,

(d) the Central Coast City,

(e) the City of Newcastle local government area,

(f) the City of Wollongong local government area.

(2) This Part does not apply to a building—

(a) approved for subdivision under the Strata Schemes Development Act 2015, or

(b) for which development consent has been granted under Chapter 3, Part 5, or

(c) owned by, or under the care, control and management of, a social housing provider.

s 46: Am 2023 (664), Sch 1[28].

47 Reduction of availability of affordable housing

47 Reduction of availability of affordable housing

(1) Development for the following purposes, in relation to a building to which this Part applies, is permitted with development consent—

(a) demolishing the building,

(b) altering or adding to the structure or fabric of the inside or outside of the building,

(c) changing the use of the building to another use,

(d) if the building is a residential flat building—strata subdivision of the building.

(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—

(a) whether the development will reduce the amount of affordable housing in the area,

(b) whether there is available sufficient comparable accommodation to satisfy the demand for the accommodation,

(c) whether the development is likely to result in adverse social and economic effects on the general community,

(d) whether adequate arrangements have been made to assist the residents who are likely to be displaced to find comparable accommodation,

(e) the extent to which the development will contribute to a cumulative loss of affordable housing in the local government area,

(f) whether the building is structurally sound, including—

(i) the extent to which the building complies with relevant fire safety requirements, and

(ii) the estimated cost of carrying out work necessary to ensure the building is structurally sound and complies with relevant fire safety requirements,

(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,

(h) for a boarding house—the financial viability of the continued use of the boarding house.

(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%.

(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%.

s 47: Am 2023 (664), Sch 1[29].

48 Contributions for affordable housing—the Act, s 7.32

48 Contributions for affordable housing—the Act, s 7.32

(1) The following requirements are prescribed for the imposition of conditions on a development consent granted under this Part—

(a) the consent authority must be satisfied the development will, or is likely to, reduce the availability of affordable housing in the area,

(b) if the condition requires the payment of a contribution—the contribution must be determined in accordance with this section.

(2) The amount of the contribution must be calculated in accordance with the following formula—

where—

C is the contribution payable.

L is the total number of bedrooms in a low-rental dwelling and boarding rooms that will be lost by the proposed development.

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.

(3) For development involving a boarding house that the consent authority has assessed as not being financially viable—

(a) if the rental yield is 3% or less—no contribution may be sought, and

(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—

where—

C is the contribution payable.

X is the contribution that would be payable under subsection (2).

RY is the rental yield.

(4) In this section—

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—

where—

RY is the rental yield.

Y is the gross rental income from the boarding house for the period.

E is the total expenses for the boarding house, excluding expenses that have been charged to residents, for the period.

D is the capital depreciation of the boarding house for the period.

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.

U is the estimated cost of carrying out work referred to in section 47(2)(f)(ii).

s 48: Am 2023 (664), Sch 1[29].

49 Definitions

49 Definitions

In this Part—

development for the purposes of a secondary dwelling includes the following—

(a) the erection of, or alterations or additions to—

(i) a secondary dwelling, or

(ii) an ancillary structure within the meaning of Schedule 1,

(b) alterations or additions to a principal dwelling for the purposes of a secondary dwelling.

residential zone means the following land use zones or an equivalent land use zone—

(a) Zone R1 General Residential,

(b) Zone R2 Low Density Residential,

(c) Zone R3 Medium Density Residential,

(d) Zone R4 High Density Residential,

(e) Zone R5 Large Lot Residential.

s 49: Am 2022 (99), Sch 1[5] [6].

50 Application of Part

50 Application of Part

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.

51 No subdivision

51 No subdivision

Development consent must not be granted for the subdivision of a lot on which development has been carried out under this Part.

52 Development may be carried out with consent

52 Development may be carried out with consent

(1) Development to which this Part applies may be carried out with consent.

(2) Development consent must not be granted for development to which this Part applies unless—

(a) no dwellings, other than the principal dwelling and the secondary dwelling, will be located on the land, and

(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

(c) the total floor area of the secondary dwelling is—

(i) no more than 60m2, or

(ii) if a greater floor area is permitted for a secondary dwelling on the land under another environmental planning instrument—the greater floor area.

53 Non-discretionary development standards—the Act, s 4.15

53 Non-discretionary development standards—the Act, s 4.15

(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.

Note—

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.

(2) The following are non-discretionary development standards in relation to the carrying out of development to which this Part applies—

(a) for a detached secondary dwelling—a minimum site area of 450m2,

(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.

s 53: Am 2023 (664), Sch 1[30].

54 Development for purposes of secondary dwellings that is complying development

54 Development for purposes of secondary dwellings that is complying development

(1) This Division applies to development for the purposes of a secondary dwelling that—

(a) is on land in a residential zone other than Zone R5 Large Lot Residential, and

(b) does not involve the erection of, or alterations or additions to, a basement, and

(c) does not involve the erection of, or alterations or additions to, a roof terrace on the topmost roof of a building.

(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—

(a) meets the general requirements for complying development set out in the Codes SEPP, clauses 1.17A and 1.18(1) and (2), and

(b) is not on land referred to in the Codes SEPP, clause 1.19(1), and

(c) is on a lot with an area of at least 450m2, and

(d) meets the development standards set out in Schedule 1.

(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—

(a) meets the relevant provisions of the Building Code of Australia, and

(b) is not on land that is an environmentally sensitive area within the meaning of the Codes SEPP, and

(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

(d) involves no external alterations to the principal dwelling other than the provision of an additional entrance, and

(e) will not result in a dwelling on the land, other than the principal dwelling and the secondary dwelling, and

(f) will not result in the floor area of the secondary dwelling being—

(i) more than 60m2, or

(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.

55 Development carried out for secondary dwellings and principal dwellings at same time

55 Development carried out for secondary dwellings and principal dwellings at same time

(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—

(a) the development for the secondary dwelling will be carried out at the same time as the development for the principal dwelling, and

(b) the erection of the secondary dwelling is complying development under this Division, and

(c) the development for the purposes of the principal dwelling is complying development under the Codes SEPP.

(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.

56 Conditions

56 Conditions

(1) A complying development certificate for complying development under this Division is subject to the conditions specified in the Codes SEPP, Schedule 6.

(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.

s 56: Am 2023 (664), Sch 1[2].

57 Development standards for bush fire prone land

57 Development standards for bush fire prone land

(1) This section does not apply to the following development—

(a) development for the purposes of—

(i) landscaping, or

(ii) a non-combustible fence, or

(iii) a swimming pool, or

(iv) another ancillary structure if it is non-habitable and more than 6m from a dwelling,

(b) development carried out on land in—

(i) bush fire attack level-40 (BAL-40), or

(ii) the flame zone (BAL-FZ).

Note—

More information about the categories of bush fire attack, including the flame zone, is contained in Planning for Bush Fire Protection, Table A1.7.

(2) Complying development under this Division must not be carried out on a lot that contains bush fire prone land unless—

(a) the development conforms to the relevant specifications and requirements of Planning for Bush Fire Protection, and

(b) any associated access way is on land that is not—

(i) grasslands, or

(ii) in bush fire attack level-40 (BAL-40), or

(iii) the flame zone (BAL-FZ), and

(c) the lot has direct access to—

(i) a public road, or

(ii) a road vested in or maintained by the council, and

(d) the building or structure to which the development relates is within 200m of the road, and

(e) there is sufficient access designed in accordance with the acceptable solutions identified in Planning for Bush Fire Protection, Table 7.4a, and

(f) the lot has a water supply that is—

(i) reticulated, or

(ii) not reticulated but suitable for fire fighting, and

(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

(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

(i) gas cylinders on the lot that are within 10m of a dwelling—

(i) have the release valves directed away from the dwelling, and

(ii) have metal connections to and from the cylinders, and

(j) there are no polymer sheathed flexible gas supply lines to gas meters adjacent to a dwelling on the lot.

Note—

The requirements relating to the construction of buildings in bush fire prone areas set out in the Building Code of Australia also apply.

(3) A non-reticulated water supply to a lot is suitable for fire fighting if—

(a) the water supply has a 65mm metal Storz outlet with a gate or ball valve, and

(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

(c) the size of the non-reticulated water supply is—

(i) for a lot with an area up to 10,000m2—10,000L, and

(ii) for a lot with an area of more than 10,000m2—20,000L, and

(4) Land is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ) if—

(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

(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.

(5) In this section—

bush fire attack level-40 (BAL-40) has the same meaning as in AS 3959:2018, Construction of buildings in bushfire-prone areas.

flame zone (BAL-FZ) has the same meaning as in AS 3959:2018, Construction of buildings in bushfire-prone areas.

grasslands has the same meaning as in Planning for Bush Fire Protection.

s 57: Am 2023 (83), Sch 2.3[1]; 2023 (664), Sch 1[31].

58 Development standards for flood control lots

58 Development standards for flood control lots

(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—

(a) a flood storage area,

(b) a floodway,

(c) a flow path,

(d) a high hazard area,

(e) a high risk area.

(2) Complying development carried out under this Division on a flood control lot must comply with the following development standards—

(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,

(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,

(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—

(i) the flood planning level, or

(ii) if an on-site refuge is provided on the lot, the probable maximum flood level,

(d) the development must not result in increased flooding elsewhere in the floodplain,

(e) the lot must have pedestrian and vehicular access to a readily accessible refuge above the probable maximum flood level,

(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,

(g) the lot must not have any open car parking spaces or carports lower than the level of a 1:20 ARI flood event.

(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.

(4) Words used in this section have the same meanings as in the Flood Risk Management Manual.

s 58: Am 2023 (609), Sch 2.18[1] [2].

59 Development standards for land near Siding Spring Observatory

59 Development standards for land near Siding Spring Observatory

(1) This section applies to complying development carried out under this Division on land in the following local government areas—

(a) Coonamble,

(b) Gilgandra,

(c) Warrumbungle Shire,

(d) Dubbo Regional.

(2) Development to which this section applies must not be carried out unless the development will not result in—

(a) a secondary dwelling with an outside light fitting, other than a shielded light fitting, or

(b) for land in the local government areas of Coonamble, Gilgandra or Warrumbungle Shire—a secondary dwelling with more than—

(i) 7 shielded outside light fittings, or

(ii) 5 shielded outside light fittings that are not automatic light fittings.

(3) Words used in this section have the same meanings as in the Standard Instrument, clause 5.14.

s 59: Am 2023 (79), Sch 2[1].

60 Definitions

60 Definitions

In this Part—

prescribed zone means the following—

(a) the following land use zones or an equivalent land use zone—

(i) Zone R1 General Residential,

(ii) Zone R2 Low Density Residential,

(iii) Zone R3 Medium Density Residential,

(iv) Zone R4 High Density Residential,

(iva) Zone MU1 Mixed Use,

(v) Zone B4 Mixed Use,

(vi) Zone SP1 Special Activities,

(vii) Zone SP2 Infrastructure,

(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.

s 60: Am 2022 (727), Sch 2[5].

61 Development in prescribed zones

61 Development in prescribed zones

(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—

(a) without consent if the development—

(i) does not result in more than 10 bedrooms on a site, and

(ii) is carried out by or on behalf of a public authority, or

(b) otherwise—with consent.

(2) State Environmental Planning Policy (Transport and Infrastructure) 2021, 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.

s 61: Am 2022 (349), Sch 1[21]; 2025 (512), Sch 1[3].

62

62 (Repealed)

63 Exempt development—existing group homes

63 Exempt development—existing group homes

(1) Development for a purpose specified in State Environmental Planning Policy (Transport and Infrastructure) 2021, 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—

(a) meets the development standards specified in the Schedule, as modified by subsection (2), and

(b) complies with the requirements of State Environmental Planning Policy (Transport and Infrastructure) 2021, section 2.20(2).

(2) The development standards for a carport associated with an existing building are modified as follows—

(a) the maximum surface area for a carport is 30m2,

(b) the maximum height for a carport is 3m above ground level (existing),

(c) a carport may be located up to 1m forward of a front building setback.

s 63: Am 2022 (349), Sch 1[22] [23].

64 Complying development

64 Complying development

(1) The following development is complying development—

(a) development for the purposes of a group home if the development—

(i) does not result in more than 10 bedrooms on a site, and

(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

(iii) is not in a draft heritage conservation area, and

(iv) meets the development standards set out in Schedule 2, or

(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—

(i) does not involve any alterations or additions to a building, and

(ii) does not result in more than 10 bedrooms on a site, and

(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

(c) the change of use of a lawfully constructed class 1a building to a group home if the development—

(i) does not result in more than 10 bedrooms on a site, and

(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

(iii) meets the development standards set out in Schedule 2, or

(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—

(i) is carried out by or on behalf of a relevant authority, and

(ii) satisfies the requirements for complying development specified in the Codes SEPP, clause 1.18, other than clause 1.18(1)(h), and

(iii) does not involve the erection of a new building or an increase in the footprint of the building, and

(iv) does not involve any alteration or additions to the building other than the following—

(A) alterations and additions carried out under the Codes SEPP, Part 4,

(B) alterations and additions carried out under the Codes SEPP, Part 8.

(1A) The Codes SEPP, clause 1.17A(1)(d) does not apply to development carried out under subsection (1)(b).

(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).

(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).

(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—

(a) would prevent the complying development from being carried out, and

(b) is not required to be retained under a condition of a development consent applying to the land, and

(c) is not listed on a register of significant trees kept by the council, and

(d) will be within 3m of any building that has an area of more than 25m2, and

(e) has a height less than—

(i) for development under subsection (1)(a)—8m, or

(ii) for development under subsection (1)(b), (1)(c) or (1)(d)—6m.

(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.

Note—

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, section 100B.

s 64: Am 2023 (664), Sch 1[2]; 2025 (512), Sch 1[5] [6].

65 Development standards for flood control lots

65 Development standards for flood control lots

(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—

(a) a flood storage area,

(b) a floodway,

(c) a flow path,

(d) a high hazard area,

(e) a high risk area.

(2) Complying development carried out under this Part on a flood control lot must comply with the following development standards—

(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,

(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,

(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—

(i) the flood planning level, or

(ii) if an on-site refuge is provided on the lot—the probable maximum flood level,

(d) the development must not result in increased flooding elsewhere in the floodplain,

(e) the lot must have pedestrian and vehicular access to a readily accessible refuge above the probable maximum flood level,

(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,

(g) the lot must not have any open car parking spaces or carports lower than the level of a 1:20 ARI flood event.

(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.

(4) Words used in this section have the same meanings as in the Flood Risk Management Manual.

s 65: Am 2023 (609), Sch 2.18[1] [2].

66 Development standards for land near Siding Spring Observatory

66 Development standards for land near Siding Spring Observatory

(1) This section applies to complying development carried out under this Part on land in the following local government areas—

(a) Coonamble,

(b) Gilgandra,

(c) Warrumbungle Shire,

(d) Dubbo Regional.

(2) Development to which this section applies must not be carried out unless the development will not result in—

(a) a group home with an outside light fitting, other than a shielded light fitting, or

(b) for land in the local government areas of Coonamble, Gilgandra or Warrumbungle Shire—a group home with more than—

(i) 7 shielded outside light fittings, or

(ii) 5 shielded outside light fittings that are not automatic light fittings.

(3) Words used in this section have the same meanings as in the Standard Instrument, clause 5.14.

s 66: Am 2023 (79), Sch 2[2].

66A No subdivision of group homes

66A No subdivision of group homes

Despite the provisions of another environmental planning instrument, development consent must not be granted to the subdivision of group homes.

s 66A: Ins 2025 (512), Sch 1[7].

66B Change of use as exempt development

66B Change of use as exempt development

(1) The change of use of a lawfully constructed dwelling to a group home is exempt development if—

(a) the dwelling is occupied by a single household under a tenancy arrangement administered by a relevant authority, or

(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.

(2) In this section—

out-of-home care has the same meaning as in the Children and Young Persons (Care and Protection) Act 1998, Chapter 8.

s 66B: Ins 2025 (512), Sch 1[7]. Am 2025 (684), Sch 3[2].

67 Co-living housing may be carried out on certain land with consent

67 Co-living housing may be carried out on certain land with consent

Development for the purposes of co-living housing may be carried out with consent on land in a zone in which—

(a) development for the purposes of co-living housing is permitted under another environmental planning instrument, or

(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.

Example—

Co-living housing may be used as off-campus student accommodation.

s 67: Am 2024 (135), Sch 1[6]; 2025 (291), Sch 1[3].

68 Non-discretionary development standards—the Act, s 4.15

68 Non-discretionary development standards—the Act, s 4.15

(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.

Note—

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.

(2) The following are non-discretionary development standards in relation to development for the purposes of co-living housing—

(a) for development in a zone in which residential flat buildings are permitted—a floor space ratio that is not more than—

(i) the maximum permissible floor space ratio for residential accommodation on the land, and

(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,

(b) for co-living housing containing 6 private rooms—

(i) a total of at least 30m2 of communal living area, and

(ii) minimum dimensions of 3m for each communal living area,

(c) for co-living housing containing more than 6 private rooms—

(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

(ii) minimum dimensions of 3m for each communal living area,

(d) communal open spaces—

(i) with a total area of at least 20% of the site area, and

(ii) each with minimum dimensions of 3m,

(e) unless a relevant planning instrument specifies a lower number—

(i) for development on land in an accessible area—0.2 parking spaces for each private room, or

(ii) otherwise—0.5 parking spaces for each private room,

(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,

(g) for development on land in Zone R4 High Density Residential—the minimum landscaping requirements for residential flat buildings under a relevant planning instrument.

s 68: Am 2023 (664), Sch 1[32].

69 Standards for co-living housing

69 Standards for co-living housing

(1) Development consent must not be granted for development for the purposes of co-living housing unless the consent authority is satisfied that—

(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—

(i) for a private room intended to be used by a single occupant—12m2, or

(ii) otherwise—16m2, and

(b) the minimum lot size for the co-living housing is not less than—

(i) for development on land in Zone R2 Low Density Residential—600m2, or

(ii) for development on other land—800m2, and

(iii) (Repealed)

(c) for development on land in Zone R2 Low Density Residential or an equivalent land use zone, the co-living housing—

(i) will not contain more than 12 private rooms, and

(ii) will be in an accessible area, and

(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

(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

(f) adequate bathroom, laundry and kitchen facilities will be available within the co-living housing for the use of each occupant, and

(g) each private room will be used by no more than 2 occupants, and

(h) the co-living housing will include adequate bicycle and motorcycle parking spaces.

(2) Development consent must not be granted for development for the purposes of co-living housing unless the consent authority considers whether—

(a) the front, side and rear setbacks for the co-living housing are not less than—

(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

(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

(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

(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

(d), (e) (Repealed)

(f) the design of the building will be compatible with—

(i) the desirable elements of the character of the local area, or

(ii) for precincts undergoing transition—the desired future character of the precinct.

(3) Subsection (1) does not apply to development for the purposes of minor alterations or additions to existing co-living housing.

(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).

s 69: Am 2022 (349), Sch 1[24]–[26]; 2025 (291), Sch 1[4].

70 No subdivision

70 No subdivision

Development consent must not be granted for the subdivision of co-living housing into separate lots.

Part 4 Build-to-rent housing

Part 4 Build-to-rent housing

71

71 (Repealed)

72 Development for the purposes of build-to-rent housing permitted with consent

72 Development for the purposes of build-to-rent housing permitted with consent

(1) The objective of this section is to enable certain residential accommodation to be used as build-to-rent housing.

(2) This Part applies to development for the purposes of multi dwelling housing, residential flat buildings or shop top housing on land—

(a) in the following zones—

(i) a zone in which development for the purposes of residential flat buildings is permissible under another environmental planning instrument,

(ia) Zone E2 Commercial Centre,

(ib) Zone MU1 Mixed Use,

(ii) Zone B3 Commercial Core,

(iii) Zone B4 Mixed Use,

(iv) Zone B8 Metropolitan Centre,

(v) Zone SP5 Metropolitan Centre, or

(a1) in a Transport Oriented Development Area under Chapter 5 in which development for the purposes of residential flat buildings is permissible, or

(a2) on which development for the purposes of multi dwelling housing, residential flat buildings or shop top housing is permissible under Chapter 6, or

(b) for which a site compatibility certificate has been issued under section 39, or

(c) identified as “WestConnex Dive Site” on the State Significant Development Sites Map, within the meaning of State Environmental Planning Policy (Planning Systems) 2021, Chapter 2.

(3) Development consent may be granted for development to which this Part applies if—

(a) the development will result in at least 50 dwellings occupied, or intended to be occupied, by individuals under residential tenancy agreements, and

(b) all buildings containing the dwellings are located on the same lot of land.

(4) Part 7 does not apply to development permitted under this Part.

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].

73 Conditions of build-to-rent housing to apply for at least 15 years

73 Conditions of build-to-rent housing to apply for at least 15 years

(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—

(a) will not be subdivided into separate strata lots, and

(b) will be owned and controlled by 1 person, and

(c) will be operated by 1 managing agent, who provides on-site management.

(2) (Repealed)

(3) In this section—

relevant period means—

(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

(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.

s 73: Am 2022 (349), Sch 1[27]; 2022 (727), Sch 2[8]; 2023 (664), Sch 1[34] [35]; 2024 (334), Sch 1[4].

74 Non-discretionary development standards—the Act, s 4.15

74 Non-discretionary development standards—the Act, s 4.15

(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.

Note—

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.

(2) The following are non-discretionary development standards in relation to the carrying out of the development to which this Part applies—

(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,

(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,

(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,

(d) for development carried out wholly or partly on land in the Eastern Harbour City, Central River City or Western Parkland City—

(i) for land within an accessible area—at least 0.2 parking spaces for each dwelling, or

(ii) otherwise—at least 0.5 parking spaces for each dwelling, or

(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,

(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.

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].

75 Design requirements

75 Design requirements

(1) This section applies to development to which this Part applies only if Chapter 4 applies to the building resulting from the development.

(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—

(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

(b) in its consideration of the objectives set out in the Apartment Design Guide, Part 4, consider the following—

(i) the amenities proposed to be provided to tenants residing in the building through common spaces and shared facilities and services,

(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,

(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.

s 75: Am 2023 (664), Sch 1[38].

76 Active uses on ground floor of build-to-rent housing in business zones

76 Active uses on ground floor of build-to-rent housing in business zones

(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.

(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.

(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.

(4) An active street frontage is not required for a part of a building used for 1 or more of the following—

(a) entrances and lobbies,

(b) access for fire services,

(c) vehicular access.

77 Conditions requiring land or contributions for affordable housing

77 Conditions requiring land or contributions for affordable housing

Nothing in this Part overrides a requirement to dedicate land or pay a monetary contribution under the Act, section 7.32.

78 Consideration of Apartment Design Guide for further subdivision of dwellings

78 Consideration of Apartment Design Guide for further subdivision of dwellings

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.

Part 5 Housing for seniors and people with a disability

Part 5 Housing for seniors and people with a disability

79 Land to which Part applies

79 Land to which Part applies

This Part applies to land in the following zones—

(a) Zone RU5 Village,

(b) Zone R1 General Residential,

(c) Zone R2 Low Density Residential,

(d) Zone R3 Medium Density Residential,

(e) Zone R4 High Density Residential,

(e1) Zone E1 Local Centre,

(e2) Zone E2 Commercial Centre,

(e3) Zone E3 Productivity Support,

(e4) Zone MU1 Mixed Use,

(f) Zone B1 Neighbourhood Centre,

(g) Zone B2 Local Centre,

(h) Zone B3 Commercial Core,

(i) Zone B4 Mixed Use,

(j) Zone B5 Business Development,

(k) Zone B6 Enterprise Corridor,

(l) Zone B7 Business Park,

(m) Zone B8 Metropolitan Centre,

(n) Zone SP1 Special Purposes,

(o) Zone SP2 Infrastructure,

(o1) Zone SP4 Enterprise under the following local environmental plans—

(i) Canada Bay Local Environmental Plan 2013,

(ii) Central Coast Local Environmental Plan 2022,

(iii) Penrith Local Environmental Plan 2010,

(iv) Pittwater Local Environmental Plan 2014,

(v) Port Macquarie-Hastings Local Environmental Plan 2011,

(vi) Sutherland Shire Local Environmental Plan 2015,

(vii) The Hills Local Environmental Plan 2019,

(viii) Warringah Local Environmental Plan 2011,

(o2) Zone SP5 Metropolitan Centre,

(p) Zone RE2 Private Recreation.

s 79: Am 2022 (727), Sch 2[9] [10].

80 Land to which Part does not apply—general

80 Land to which Part does not apply—general

(1) This Part does not apply to the following land—

(a) land to which Warringah Local Environmental Plan 2000 applies that is located within locality B2 (Oxford Falls Valley) or C8 (Belrose North) under the Plan,

(b) land described in Schedule 3.

(2) Nothing in Schedule 3 operates to preclude the application of this Part to land only because—

(a) the land is identified under State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 2, or

(b) in relation to land used for the purposes of an existing registered club—the land is described in another environmental planning instrument as—

(i) private open space, or

(ii) open space where dwellings or dwelling houses are permitted.

s 80: Am 2022 (99), Sch 1[8]; 2022 (349), Sch 1[28].

81 Seniors housing permitted with consent

81 Seniors housing permitted with consent

Development for the purposes of seniors housing may be carried out with development consent—

(a) on land to which this Part applies, or

(b) on land on which development for the purposes of seniors housing is permitted under another environmental planning instrument.

82 Definitions

82 Definitions

(1) In this Part—

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—

(a) excluding the following—

(i) columns, fin walls, sun control devices and elements, projections or works outside the general lines of the internal face of an external wall,

(ii) cooling towers, machinery and plant rooms, ancillary storage space and vertical air conditioning ducts,

(iii) car parking and internal access to the car parking,

(iv) space for the loading and unloading of goods, including access to the space,

(v) areas for common vertical circulation, including lifts and stairs,

(vi) storage, vehicular access, garbage and services within the basement,

(vii) for a residential care facility—floor space used for service activities provided by the facility within the basement,

(viii) terraces and balconies with outer walls less than 1.4m high,

(ix) voids above a floor at the level of a storey or storey above, and

(b) for in-fill self-care housing—including car parking provided at ground level, other than for visitors, in excess of 1 per dwelling.

hostel means residential accommodation for seniors or people with a disability where—

(a) meals, laundering, cleaning and other facilities are provided on a shared basis, and

(b) at least 1 staff member is available on site 24 hours a day to provide management services.

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—

(a) meals,

(b) cleaning services,

(c) personal care,

(d) nursing care.

prescribed zone means a zone specified in section 79.

seniors means the following people—

(a) people who are at least 60 years of age,

(b) people who are resident at a facility at which residential care, within the meaning of the Aged Care Act 1997 of the Commonwealth, is provided,

(c) people who have been assessed as being eligible to occupy housing for aged persons provided by a social housing provider.

(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.

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].

83 Amendments to the bush fire evacuation risk map

83 Amendments to the bush fire evacuation risk map

(1) The Planning Secretary may prepare maps for the purposes of amending or replacing the Bush Fire Evacuation Risk Map.

(2) In preparing a map, the Planning Secretary must consider the following matters—

(a) the size of the existing population within the locality,

(b) age groups within the population and the number of persons within the age groups,

(c) the number of hospitals and other facilities, including the number of beds, providing care to the residents of the facilities within the locality,

(d) the number of schools within the locality and the number of students at the schools,

(e) existing development within the locality that has been carried out under this Part,

(f) recommendations, if any, made by the NSW Rural Fire Service.

84 Development standards—general

84 Development standards—general

(1) This section applies to development for the purposes of seniors housing involving the erection of a building.

(2) Development consent must not be granted for development to which this section applies unless—

(a) the site area of the development is at least 1,000m2, and

(b) the frontage of the site area of the development is at least 20m measured at the building line, and

(c) for development on land in a residential zone where residential flat buildings are not permitted—

(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

(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—

(A) be fully integrated into the design of the roof or contained and suitably screened from view from public places, and

(B) be limited to an area of no more than 20% of the surface area of the roof, and

(C) not result in the building having a height of more than 11.5m, and

(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.

(3) (Repealed)

(4) Subsection (2)(a) and (b) do not apply to development if the development application is made by a social housing provider or Landcom.

(5) In this section, a storey does not include a basement within the meaning of the standard instrument.

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].

85 Development standards for hostels and independent living units

85 Development standards for hostels and independent living units

(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.

(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.

Note—

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.

s 85: Am 2023 (664), Sch 1[41] [42].

86 Development standards for seniors housing—Zones RE2, SP1, SP2 and RU5

86 Development standards for seniors housing—Zones RE2, SP1, SP2 and RU5

(1) Development consent must not be granted for development for the purposes of seniors housing unless the consent authority is satisfied as follows—

(a) for development on land in Zone RE2 Private Recreation—

(i) the development is carried out on land used for the purposes of an existing registered club, and

(ii) the land adjoins land in a prescribed zone,

(b) for development on land in Zone SP1 Special Purpose or Zone SP2 Infrastructure—

(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

(ii) the land adjoins land in a prescribed zone,

(c) for development on land in Zone RU5 Village—

(i) the development is carried out on land within 50km of a 24-hour health services facility, and

(ii) the land is serviced by reticulated water and sewerage.

(d) (Repealed)

(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.

(3) (Repealed)

s 86: Am 2022 (99), Sch 1[12]; 2022 (349), Sch 1[31] [32].

87 Additional floor space ratios

87 Additional floor space ratios

(1) This section applies to development for the purposes of seniors housing on land to which this Part applies if—

(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

(b) the development is carried out on land in Zone E2 Commercial Centre or Zone B3 Commercial Core.

(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—

(a) a maximum permissible floor space ratio plus—

(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

(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

(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

(b) a height of not more than 3.8m above the maximum permissible building height.

s 87: Am 2022 (727), Sch 2[11]; 2024 (135), Sch 1[9]; 2025 (291), Sch 1[7]; 2025 (512), Sch 1[10].

88 Restrictions on occupation of seniors housing

88 Restrictions on occupation of seniors housing

(1) Development permitted under this Part may be carried out for the accommodation of only the following—

(a) seniors or people who have a disability,

(b) people who live in the same household with seniors or people who have a disability,

(c) staff employed to assist in the administration and provision of services to housing provided under this Part.

(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.

89 Use of ground floor of seniors housing in business zones

89 Use of ground floor of seniors housing in business zones

(1) This section applies to a building used for the purposes of seniors housing on land in a business zone.

(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.

(3) Subsection (2) does not apply to a part of a building that—

(a) faces a service lane that does not require active street frontages, or

(b) is used for 1 or more of the following purposes—

(i) a lobby for a residential, serviced apartment, hotel or tenanted component of the building,

(ii) access for fire services,

(iii) vehicular access.

(4) Subsection (2) does not apply if another environmental planning instrument permits the use of the ground floor of the building for residential purposes.

90 Subdivision

90 Subdivision

(1) Development consent may be granted for the subdivision of land on which development is carried out under this Part.

(1A) Development consent for the subdivision of land may be granted at any time, including before the development under this part is carried out.

(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.

s 90: Am 2022 (99), Sch 1[13]; 2022 (727), Sch 2[12]; 2025 (512), Sch 1[11] [12].

91 Fire sprinkler systems in residential care facilities

91 Fire sprinkler systems in residential care facilities

(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.

(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.

(3) In this section—

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.

s 91: Am 2023 (664), Sch 1[43].

92 Development on land used for the purposes of an existing registered club

92 Development on land used for the purposes of an existing registered club

(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—

(a) the development includes appropriate measures to separate the club from residential areas to avoid land use conflicts, and

(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.

Note—

The Gaming Machines Act 2001 provides for gambling harm minimisation measures.

(2) For the purposes of subsection (1)(a), appropriate measures include the following—

(a) separate pedestrian access points for the club and the residential areas of the seniors housing,

(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.

93 Location and access to facilities and services—independent living units

93 Location and access to facilities and services—independent living units

(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—

(a) by a transport service that complies with subsection (2), or

(b) on-site.

(2) The transport service must—

(a) take the residents to a place that has adequate access to facilities and services, and

(b) for development on land in the Eastern Harbour City, Central River City, Western Parkland City or Central Coast City—

(i) not be an on-demand booking service for the transport of passengers for a fare, and

(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

(c) for development on other land—be available both to and from the site during daylight hours at least once each weekday.

(3) For the purposes of subsections (1) and (2), access is adequate if—

(a) the facilities and services are, or the transport service is, located at a distance of not more than 400m from the site, and

(b) the distance is accessible by means of a suitable access pathway, and

(c) the gradient along the pathway complies with subsection (4)(c).

(4) In subsection (3)—

(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

(b) the distance is to be measured by reference to the length of the pathway, and

(c) the overall average gradient must be not more than 1:14 and the gradients along the pathway must be not more than—

(i) 1:12 for a maximum length of 15m at a time, or

(ii) 1:10 for a maximum length of 5m at a time, or

(iii) 1:8 for a maximum length of 1.5m at a time.

(5) In this section—

facilities and services means—

(a) shops and other retail and commercial services that residents may reasonably require, and

(b) community services and recreation facilities, and

(c) the practice of a general medical practitioner.

provide a booking service has the same meaning as in the Point to Point Transport (Taxis and Hire Vehicles) Act 2016, section 7.

Note—

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.

s 93: Am 2023 (664), Sch 1[45] [46].

94 Location and access to facilities and services—residential care facilities

94 Location and access to facilities and services—residential care facilities

(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—

(a) on-site, or

(b) by a transport service other than a passenger service.

(2) In this section—

facilities and services—see section 93.

passenger service has the same meaning as in the Point to Point Transport (Taxis and Hire Vehicles) Act 2016.

Note—

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.

95 Water and sewer

95 Water and sewer

(1) A consent authority must not consent to development under this Part unless the consent authority is satisfied the seniors housing will—

(a) be connected to a reticulated water system, and

(b) have adequate facilities for the removal or disposal of sewage.

(2) If the water and sewerage services will be provided by a person other than the consent authority, the consent authority—

(a) must consider the suitability of the site in relation to the availability of reticulated water and sewerage infrastructure, or

(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.

(3) In this section—

responsible authority means the public authority responsible for water and sewerage services in the area in which the seniors housing is located.

s 95: Am 2023 (664), Sch 1[47] [48].

96 Bush fire prone land

96 Bush fire prone land

(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.

(2) In determining a development application for development under this Part on land near relevant bush fire prone land, the consent authority must—

(a) consult with the NSW Rural Fire Service and consider its comments, and

(b) consider the following including—

(i) the location of the development,

(ii) the means of access to and egress from the location,

(iii) the size of the existing population within the area,

(iv) age groups within the population and the number of persons within the age groups,

(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,

(vi) the number of schools within the area and the number of students at the schools,

(vii) existing seniors housing within the area,

(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,

(ix) the adequacy of access to and from the site of the development for emergency response vehicles,

(x) the nature, extent and adequacy of bush fire emergency procedures that can be applied to the development and its site,

(xi) the requirements of Fire and Rescue NSW.

(3) In this section—

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—

(a) “Bush fire prone land—vegetation category 1”,

(b) “Bush fire prone land—vegetation category 2”,

(c) “Bush fire prone land—vegetation category 3”,

(d) “Bush fire prone land—vegetation buffer”.

s 96: Am 2023 (83), Sch 2.3[2]; 2023 (664), Sch 1[49] [50].

97 Design of seniors housing

97 Design of seniors housing

(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.

(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.

s 97: Subst 2023 (664), Sch 1[51].

98

98 (Repealed)

Division 7 Non-discretionary development standards

Division 7 Non-discretionary development standards

106 Application of design principles for seniors housing

106 Application of design principles for seniors housing

Nothing in this division affects the operation of section 97(2).

s 106: Subst 2023 (664), Sch 1[53].

107 Non-discretionary development standards for hostels and residential care facilities—the Act, s 4.15

107 Non-discretionary development standards for hostels and residential care facilities—the Act, s 4.15

(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.

Note—

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.

(2) The following are non-discretionary development standards in relation to development for the purposes of hostels or residential care facilities—

(a) no building has a height of more than 9.5m, excluding servicing equipment on the roof of a building,

(b) servicing equipment on the roof of a building, which results in the building having a height of more than 9.5m—

(i) is fully integrated into the design of the roof or contained and suitably screened from view from public places, and

(ii) is limited to an area of no more than 20% of the surface area of the roof, and

(iii) does not result in the building having a height of more than 11.5m,

(c) the density and scale of the buildings when expressed as a floor space ratio is 1:1 or less,

(d) internal and external communal open spaces with a total area of at least—

(i) for a hostel—8m2 for every bed, or

(ii) for a residential care facility—10m2 for every bed,

(e) at least 15m2 of landscaped area for every bed,

(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,

(g) for a hostel—at least 1 parking space for every 10 beds in the hostel,

(h) for a residential care facility—at least 1 parking space for every 15 beds in the facility,

(i) at least 1 parking space for every 2 employees who are on duty at the same time,

(j) at least 1 parking space for the purpose of ambulance parking.

s 107: Am 2023 (664), Sch 1[54].

108 Non-discretionary development standards for independent living units—the Act, s 4.15

108 Non-discretionary development standards for independent living units—the Act, s 4.15

(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.

Note—

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.

(2) The following are non-discretionary development standards in relation to development for the purposes of independent living units—

(a) no building has a height of more than 9.5m, excluding servicing equipment on the roof of a building,

(b) servicing equipment on the roof of a building, which results in the building having a height of more than 9.5m—

(i) is fully integrated into the design of the roof or contained and suitably screened from view from public places, and

(ii) is limited to an area of no more than 20% of the surface area of the roof, and

(iii) does not result in the building having a height of more than 11.5m,

(c) the density and scale of the buildings when expressed as a floor space ratio is 0.5:1 or less,

(d) a minimum landscaped area that is the lesser of—

(i) 35m2 per dwelling, or

(ii) 30% of the site area,

(e) (Repealed)

(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,

(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,

(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—

(i) at least 15m2 of private open space per dwelling, and

(ii) at least 1 private open space with minimum dimensions of 3m accessible from a living area located on the ground floor,

Note—

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.

(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—

(i) an area of at least 10m2, or

(ii) for each dwelling containing 1 bedroom—an area of at least 6m2,

(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,

(k) if paragraph (j) does not apply—at least 0.5 parking spaces for each bedroom.

s 108: Am 2023 (664), Sch 1[55]–[57].

Division 8 Seniors housing—relevant authorities

Division 8 Seniors housing—relevant authorities

ch 3, pt 5, div 8, hdg: Am 2022 (349), Sch 1[33]; 2023 (664), Sch 1[58].

ch 3, pt 5, div 8: Ins 2022 (99), Sch 1[14].

108AA

108AA (Repealed)

108A Development to which Division applies

108A Development to which Division applies

This Division applies to development for the purposes of seniors housing involving the erection of a building on land—

(a) on which development for the purposes of seniors housing is permitted with consent under another environmental planning instrument, or

(b) in a prescribed zone or an equivalent land use zone.

s 108A: Ins 2022 (99), Sch 1[14].

108B Seniors housing permitted without development consent

108B Seniors housing permitted without development consent

(1) Development to which this Division applies may be carried out by or on behalf of a relevant authority without development consent if—

(a) the relevant authority has considered the applicable development standards specified in sections 84(2)(c)(iii), 85, 88, 89 and 108, and

(b) the development will not result in a building with a height of more than—

(i) 9.5m, or

(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

(c) the seniors housing will not contain more than 40 dwellings on the site.

(2) State Environmental Planning Policy (Transport and Infrastructure) 2021, sections 2.15 and 2.17 apply to the development and, in the application of the clauses—

(a) a reference in section 2.15 to “this Chapter” is taken to be a reference to this section, and

(b) a reference in the sections to a public authority is taken to be a reference to the relevant authority.

s 108B: Ins 2022 (99), Sch 1[14]. Am 2022 (349), Sch 1[35]–[38]; 2025 (684), Sch 3[5].

108C Notification before carrying out development

108C Notification before carrying out development

(1) Before carrying out development to which this division applies, the relevant authority must do the following—

(a) request that the council nominate persons who must, in the council’s opinion, be notified of the development,

(b) give written notice of the intention to carry out the development to—

(i) the council, and

(ii) any persons nominated by the council under paragraph (a), and

(iii) the occupiers of adjoining land,

(c) take into account the responses to the notice that are received within 21 days after the notice is given.

(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.

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].

108CA Landcom must notify Secretary of Department of Communities and Justice

108CA Landcom must notify Secretary of Department of Communities and Justice

Before carrying out development to which this division applies, Landcom must—

(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—

(i) used for affordable housing, and

(ii) managed by a registered community housing provider, and

(b) take into account the responses to the notice that are received within 21 days after the notice is given.

s 108CA: Ins 2023 (664), Sch 1[60].

108CB Considerations before carrying out development

108CB Considerations before carrying out development

(1) Before carrying out development to which this division applies, the relevant authority must consider—

(a) the Seniors Housing Design Guide, published by the Department in December 2023, and

(b) the design principles for seniors housing set out in Schedule 8.

(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.

(3) Before carrying out development to which this division applies, the Land and Housing Corporation must consider—

(a) Good Design for Social Housing, published by the Land and Housing Corporation, in partnership with the Government Architect NSW, in September 2020, and

(b) the NSW Land and Housing Corporation Design Requirements, published by the Land and Housing Corporation in February 2023.

(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.

s 108CB: Ins 2023 (664), Sch 1[60].