42Development to which division applies

#### 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](/view/html/inforce/current/epi-2021-0732), 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](/view/html/repealed/current/act-2011-022). > > > > 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](/view/html/inforce/current/act-1977-136), and > > > > > (c) is not listed on the State Heritage Register under the [Heritage Act 1977](/view/html/inforce/current/act-1977-136). > > **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\[2\].