The Low and Mid-Rise Housing Policy is within Chapter 6 of the State Environmental Planning Policy (SEPP) (Housing) 2021.
The policy applies in low and mid-rise housing areas which are defined in the SEPP as residential zones within 800 metres walking distance from the edge of the mapped town centres or the entrance to a nominated train or light rail station. Sites affected by certain hazards and constraints such as bushfire and flood are excluded. View the indicative map of low and mid-rise housing areas.
Within low and mid-rise housing areas, most residential development types will become widely permitted with consent and non-discretionary standards will apply to each development type, including floor space ratio and building heights.
All other existing provisions in SEPPs, Local Environment Plans (LEPs) and Development Control Plans (DCPs) will continue to be relevant matters for consideration in the merit assessment of development applications in these areas.
Read the summary of key provisions to see the main provisions of the Low and Mid-Rise Housing Policy.
Non-discretionary standards to encourage the delivery of new housing
The policy aims to facilitate and encourage the low and mid-rise housing types by introducing non-discretionary standards, such as building heights, floor space ratios and minimum lot sizes. This will apply by zone and land use type in low and mid-rise housing areas.
A non-discretionary development standard, also known as a non-refusal standard, provides consistent development standards for matters like building heights, floor space ratio or lot size.
They can overrule a LEP or DCP standard, depending on what is the more permissive. If the proposed development complies, the consent authority cannot refuse the application on the grounds of the standard.
For example, in low and mid-rise housing areas, the Low and Mid-Rise Housing Policy sets a non-discretionary maximum height of 22 metres for residential flat buildings in R3 and R4 zones. If the current maximum height standard on the site in the LEP is 10 metres, the 22 metres non-discretionary standard would apply. If the current height in the LEP is 40 metres, then 40 metres would apply.
Defining low and mid-rise housing areas
View the low and mid-rise housing areas map to see the indicative areas where the policy may apply. The low and mid-rise housing areas are residential zones within 800 metres walking distance from the edge of the mapped town centres or the entrance to a nominated train or light rail station..
To confirm whether the policy applies to a specific site:
- Check the site is not affected by any of the land exclusions.
- Check the site is not in a Transport Oriented Development area.
- Confirm that the site is within 800 metres walking distance from the edge of a mapped town centre or the entrance to a listed station.
- The town centres are mapped in the Housing SEPP layer of the NSW Planning Portal Spatial Viewer.
- The nominated stations are listed in Schedule 11 of the Housing SEPP.
How is walking distance measured?
Walking distance means the shortest distance between 2 points measured along a route that may be safely walked by a pedestrian using, as far as reasonably practicable, public footpaths and pedestrian crossings, as defined in the Housing SEPP.
The policy does not apply in Transport Oriented Development areas
Both the Transport Oriented Development (TOD) Program and the Low and Mid-Rise Housing Policy are based on similar principles to deliver new housing supply in well located areas near public transport and services.
To avoid overlap, the Low and Mid-Rise Housing Policy does not apply to current or future identified Transport Oriented Development areas. These include the TOD Accelerated Precincts, the current TOD areas and the areas being investigated as part of deferred TOD stations that are yet to come affect.
The Department has also created an indicative mapping tool to help users understand the relationship between the 2 policies.
Sites affected by certain hazards and constraints are excluded
The policy does not apply to sites affected by certain hazards and constraints, including:
- bushfire-prone land and some flood-prone land in high-risk river catchments
- coastal wetlands, littoral rainforest or a coastal vulnerability area
- land within 200 metres of a dangerous goods pipelines
- land subject to high aircraft noise impacts
- land that constitutes or contains a heritage item
- the Hawkesbury, Blue Mountains and Wollondilly local government areas – due to the extent of bushfire, flooding, evacuation and environmental risks
- the Bathurst local government area – there is no suitable R2 land.
The exclusions summary provides further details and explains how you can find out if a property is affected.
Existing affordable housing bonus provisions apply
The State Environmental Planning Policy (Housing) 2021 outlines bonus provisions allowing additional floor space and building heights for in-fill residential development that provides dedicated affordable housing. Built form bonuses of up to 30% are available for developments that provide at least 10% affordable housing, based on a proportion of affordable dwellings being provided.
The existing in-fill affordable housing bonus provisions will continue to apply to land where the Low and Mid-Rise Housing Policy applies. This means the bonus provisions will apply on top of the non-discretionary standards. This is to encourage affordable housing to be delivered in the low and mid-rise housing areas.
Tree Canopy Guide to Low and Mid-Rise Housing
To ensure that new low and mid-rise housing can achieve a suitable landscaping and urban greening outcomes, the Department has developed a Tree Canopy Guide for Low and Mid-Rise Housing. For developments where the policy applies, developers and consent authorities must consider the guide, which includes provisions for tree canopy, deep soil, and tree planting rates.
