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State Environmental Planning Policy (Housing) 2021
74Non-discretionary development standards—the Act, s 4.15
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#### 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.
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> > Note—
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> > 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.
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> > (2) The following are non-discretionary development standards in relation to the carrying out of the development to which this Part applies—
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> > > (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,
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> > > (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,
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> > > (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,
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> > > (d) for development carried out wholly or partly on land in the Eastern Harbour City, Central River City or Western Parkland City—
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> > > > (i) for land within an accessible area—at least 0.2 parking spaces for each dwelling, or
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> > > > (ii) otherwise—at least 0.5 parking spaces for each dwelling, or
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> > > > (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,
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> > > (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.
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> **s 74:** Am 2023 (664), Sch 1\[36\] \[37\]; 2024 (135), Sch 1\[8\]; 2025 (291), Sch 1\[5\]; 2025 (512), Sch 1\[8\] \[9\].