State Environmental Planning Policy (Housing) 2021

Development to which division applies 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.

(3) In this section— relevant zone means the following— (a) Zone E1 Local Centre, (b) Zone MU1 Mixed Use, (c) Zone B1 Neighbourhood Centre, (d) Zone B2 Local Centre, (e) Zone B4 Mixed Use.

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 (1) This division applies to residential development if— (a) the development is permitted with development consent on the land under Chapter 5, Chapter 6 or another environmental planning instrument, 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]. 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 (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 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 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 (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 (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].

Development to which division applies 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].

(1) This division applies to residential development if— (a) the development is permitted with development consent on the land under Chapter 5, Chapter 6 or another environmental planning instrument, 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.

Development in prescribed zones s 61: Am 2022 (349), Sch 1[21].

(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 being within 1 or more group homes on a site, and (ii) is carried out by or on behalf of a public authority, or (b) otherwise—with consent.

Complying development s 64: Am 2023 (664), Sch 1[2].

(1) Development for the purposes of a group home is complying development if the development— (a) does not result in more than 10 bedrooms being within 1 or more group homes on a site, and (b) satisfies the requirements for complying development specified in the Codes SEPP, clauses 1.18 and 1.19, other than clauses 1.18(1)(h) and 1.19(1)(b), and (c) is not in a draft heritage conservation area, and (d) meets the development standards set out in Schedule 2. 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.

(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 under 4m in height if the complying development cannot be carried out without the removal of the tree or other vegetation.

Non-discretionary development standards—the Act, s 4.15 s 74: Am 2023 (664), Sch 1[36] [37]; 2024 (135), Sch 1[8]; 2025 (291), Sch 1[5].

(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—0.2 parking spaces for each dwelling, or (ii) otherwise—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.

Additional floor space ratios s 87: Am 2022 (727), Sch 2[11]; 2024 (135), Sch 1[9]; 2025 (291), Sch 1[7].

(2) Development consent may be granted for development to which this section applies if— (a) the site area of the development is at least 1,500m 2 , and (b) the development will result in a building with the maximum permissible floor space ratio plus— (i) for development involving independent living units—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—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—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, and (c) the development will result in a building with a height of not more than 3.8m above the maximum permissible building height.

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

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

Accommodation for relevant construction workers ch 3, pt 13, hdg: Ins 2024 (651), Sch 1[2]. Am 2025 (291), Sch 1[10]. ch 3, pt 13: Ins 2024 (651), Sch 1[2]. 141D Definitions In this part— approved electricity infrastructure development means electricity infrastructure development that is— (a) State significant development in relation to which a development consent is in force, or (b) State significant infrastructure in relation to which an approval of the Minister is in force. campervan has the same meaning as in the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021 . caravan has the same meaning as in the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021 . construction workers accommodation means a place that is— (a) used to provide at least 5 dwellings for relevant construction workers in moveable dwellings, other than campervans, caravans or tents, and (b) ancillary to the construction of 1 or more of the following— (i) approved electricity infrastructure development, (ii) State significant development specified in State Environmental Planning Policy (Planning Systems) 2021 , Schedule 1, sections 5, 7, 17, 18 or 19 for which consent has been granted, (iii) State significant infrastructure specified in State Environmental Planning Policy (Planning Systems) 2021 , Schedule 3, sections 1, 2, 3, 4 or 5 that has been approved. electricity infrastructure development means development for the following purposes that is carried out in a renewable energy zone— (a) electricity generating works, within the meaning of State Environmental Planning Policy (Transport and Infrastructure) 2021 , Part 2.3, Division 4, (b) electricity transmission or distribution networks, within the meaning of State Environmental Planning Policy (Transport and Infrastructure) 2021 , Part 2.3, Division 5. Guidelines means the Guidelines For Construction Workers Accommodation published by the Department in May 2025. relevant construction worker means a worker employed or engaged in connection with the construction of the following development, including a construction worker or other worker providing services to construction workers— (a) approved electricity infrastructure development, (b) State significant development specified in State Environmental Planning Policy (Planning Systems) 2021 , Schedule 1, sections 5, 7, 17, 18 or 19 for which consent has been granted, (c) State significant infrastructure specified in State Environmental Planning Policy (Planning Systems) 2021 , Schedule 3, sections 1, 2, 3, 4 or 5 that has been approved. renewable energy zone has the same meaning as in the Electricity Infrastructure Investment Act 2020 . s 141D: Ins 2024 (651), Sch 1[2]. Am 2025 (291), Sch 1[11]–[14]. 141E Application of part This part applies to development for the purposes of construction workers accommodation on land in a local government area specified in the following table— Local government areas Armidale Regional, Balranald, Cabonne, Carrathool, Central Coast, City of Cessnock, Dubbo Regional, Dungog, Edward River, Gilgandra, Glen Innes Severn Shire, Hay, Inverell, Kiama, City of Lake Macquarie, Liverpool Plains, City of Maitland, Mid-Western Regional, Murray River, Murrumbidgee, Muswellbrook, Narromine, City of Newcastle, Port Stephens, City of Shellharbour, Singleton, Tamworth Regional, Tenterfield, Upper Hunter Shire, Uralla, Walcha, Warren, Warrumbungle Shire, Wentworth, Wingecarribee and City of Wollongong s 141E: Ins 2024 (651), Sch 1[2]. 141F Construction workers accommodation permitted with development consent (1) Development for the purposes of construction workers accommodation is permitted with development consent on land to which this part applies that is— (a) in a residential zone, or (b) in another zone, if the consent authority is satisfied it is appropriate in the circumstances, having regard to the Guidelines. (2) Despite subsection (1)(b), development for the purposes of construction workers accommodation is not permitted on land in the following zones— (a) Zone RU3 Forestry, (b) a recreation zone, (c) a conservation zone, (d) a waterway zone. s 141F: Ins 2024 (651), Sch 1[2]. 141G Duration of development (1) Development consent must not be granted to development under this part unless the consent authority is satisfied that— (a) all moveable dwellings and ancillary buildings installed or erected as part of the development will be removed from the land as soon as practicable after 2 years of being installed, and (b) the development will not prejudice the subsequent carrying out of development on the land in accordance with any applicable environmental planning instrument. (2) Despite subsection (1)(a), development consent may be granted to development where all moveable dwellings and ancillary buildings will not be removed after 2 years if the consent authority is satisfied it is appropriate in the circumstances, having regard to the Guidelines. s 141G: Ins 2024 (651), Sch 1[2]. 141H Transport, parking and other infrastructure Development consent must not be granted to development under this part unless the consent authority is satisfied there will be— (a) adequate transport infrastructure and parking for relevant construction workers and visitors, and (b) adequate infrastructure for the relevant construction workers, including electricity, internet services, telecommunication services, water and sewerage. s 141H: Ins 2024 (651), Sch 1[2]. Am 2025 (291), Sch 1[15] [16]. 141I Consideration of impact of development Development consent must not be granted to development under this part unless the consent authority is satisfied— (a) the development is designed, and will be located and managed, to avoid a significant adverse impact on the following— (i) the land or adjacent land, including the impact on biodiversity, stormwater, run-off, contamination and groundwater, (ii) the capacity of the existing road network, including in relation to the movement of livestock, (iii) agriculture on the land or adjacent land, (iv) the local character and scenic quality, (v) the amenity of adjacent residential development, and (b) the risk of hazards, including bush fires and flooding, will be appropriately minimised and managed, and (c) the adverse impact on existing utilities infrastructure, including electricity, water and sewage, will be minimised. s 141I: Ins 2024 (651), Sch 1[2]. 141J Location of construction workers accommodation In deciding whether to grant development consent, the consent authority must consider whether— (a) the development is located within a reasonable distance from the relevant construction workers’ place of employment, and (b) there is adequate access to the development for emergency services vehicles. s 141J: Ins 2024 (651), Sch 1[2]. Am 2025 (291), Sch 1[17]. 141K Development on bush fire prone land and grasslands (1) Development consent must not be granted to development on bush fire prone land or on grasslands unless the consent authority has considered the following matters— (a) access to and egress from the development if there is a bush fire, (b) any additional measures or emergency procedures required for the site, if the site is not in an urban area or is otherwise remote. (2) In this section— grasslands has the same meaning as in Planning for Bush Fire Protection , ISBN 978 0 646 99126 9 , prepared by the NSW Rural Fire Service in co-operation with the Department and dated November 2019. s 141K: Ins 2024 (651), Sch 1[2]. 141L Subdivision of land Development consent must not be granted to the subdivision of the following land— (a) land on which construction workers accommodation is erected, (b) land in relation to which there is a development consent in force for the erection of construction workers accommodation, (c) land in relation to which a development application for development for the purposes of construction workers accommodation has been made but not finally determined. s 141L: Ins 2024 (651), Sch 1[2].

Definitions In this part— approved electricity infrastructure development means electricity infrastructure development that is— (a) State significant development in relation to which a development consent is in force, or (b) State significant infrastructure in relation to which an approval of the Minister is in force. campervan has the same meaning as in the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021 . caravan has the same meaning as in the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021 . construction workers accommodation means a place that is— (a) used to provide at least 5 dwellings for relevant construction workers in moveable dwellings, other than campervans, caravans or tents, and (b) ancillary to the construction of 1 or more of the following— (i) approved electricity infrastructure development, (ii) State significant development specified in State Environmental Planning Policy (Planning Systems) 2021 , Schedule 1, sections 5, 7, 17, 18 or 19 for which consent has been granted, (iii) State significant infrastructure specified in State Environmental Planning Policy (Planning Systems) 2021 , Schedule 3, sections 1, 2, 3, 4 or 5 that has been approved. electricity infrastructure development means development for the following purposes that is carried out in a renewable energy zone— (a) electricity generating works, within the meaning of State Environmental Planning Policy (Transport and Infrastructure) 2021 , Part 2.3, Division 4, (b) electricity transmission or distribution networks, within the meaning of State Environmental Planning Policy (Transport and Infrastructure) 2021 , Part 2.3, Division 5. Guidelines means the Guidelines For Construction Workers Accommodation published by the Department in May 2025. relevant construction worker means a worker employed or engaged in connection with the construction of the following development, including a construction worker or other worker providing services to construction workers— (a) approved electricity infrastructure development, (b) State significant development specified in State Environmental Planning Policy (Planning Systems) 2021 , Schedule 1, sections 5, 7, 17, 18 or 19 for which consent has been granted, (c) State significant infrastructure specified in State Environmental Planning Policy (Planning Systems) 2021 , Schedule 3, sections 1, 2, 3, 4 or 5 that has been approved. renewable energy zone has the same meaning as in the Electricity Infrastructure Investment Act 2020 . s 141D: Ins 2024 (651), Sch 1[2]. Am 2025 (291), Sch 1[11]–[14].

Construction workers accommodation permitted with development consent s 141F: Ins 2024 (651), Sch 1[2].

(1) Development for the purposes of construction workers accommodation is permitted with development consent on land to which this part applies that is— (a) in a residential zone, or (b) in another zone, if the consent authority is satisfied it is appropriate in the circumstances, having regard to the Guidelines.

(2) Despite subsection (1)(b), development for the purposes of construction workers accommodation is not permitted on land in the following zones— (a) Zone RU3 Forestry, (b) a recreation zone, (c) a conservation zone, (d) a waterway zone.

Complying development—group homes 1 Definitions (1) In this Schedule— ancillary structure means the following that are not exempt development under the Codes SEPP— (a) an access ramp, (b) an awning, blind or canopy, (c) a balcony, deck, patio, pergola, terrace or verandah attached to a group home, (d) a carport attached to a group home, (e) a driveway, pathway or paving, (f) a fence or screen, (g) a garage attached to a group home, (h) an outbuilding, (i) a rainwater tank attached to a group home, (j) a retaining wall, (k) a swimming pool or spa pool and child-resistant barrier. outbuilding means the following structures detached from a group home— (a) a balcony, deck, patio, pergola, terrace or verandah, (b) a cabana, cubby house, fernery, shed, gazebo or greenhouse, (c) a carport or garage, (d) a rainwater tank (above ground), (e) a shade structure. (2) Unless defined in this Schedule, words used in this Schedule have the same meaning as in— (a) the Codes SEPP, and (b) for words not defined in the Codes SEPP—the standard instrument. 2 Site requirements Development may only be carried out on a site that— (a) has an area of at least 450m 2 , excluding the area of the access laneway if it is a battle-axe lot, and (b) has a boundary with, or lawful access to, a public road, and (c) if it is not a battle-axe lot, has a boundary with a primary road of at least 12m, and (d) if it is a battle-axe lot, has an access laneway of at least 3m in width, and (e) has at least one area on the site that measures at least 12m by 12m, excluding the access laneway if it is a battle-axe lot. 3 Site requirements for group homes in certain zones (1) Development that is the erection of a group home may be carried out on a lot— (a) in Zone R5 Large Lot Residential, or (b) if the lot has an area of at least 4,000m 2 —in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots or Zone RU6 Transition. (2) A group home must not be erected on a lot if the size of the lot is less than the minimum lot size for the erection of a dwelling house under an environmental planning instrument applying to the lot. 4 Maximum site coverage of all development (1) The group home and all ancillary structures must not cover more than 70% of the site area. (2) For the purposes of calculating the site coverage in subsection (1), the area of the following is not included— (a) an access ramp, (b) part of an awning, blind or canopy outside the outer wall of a building, (c) a balcony, deck, patio, pergola, terrace or verandah attached to the group home and not enclosed by a wall higher than 1.4m above the floor level, (d) an eave, (e) a driveway, (f) a fence or screen, (g) a pathway or paving, (h) a rainwater tank attached to the group home, (i) a swimming pool or spa pool. 5 Building height Development for the purposes of a group home or an ancillary structure must not result in a new building or a new part of an existing building having a building height of more than 8.5m above ground level (existing). 6 Setbacks from roads other than classified roads (1) A group home and all ancillary structures on a site must have a setback from the boundary with a primary road that is not a classified road of at least— (a) the average distance of the setbacks of the 2 nearest group homes or dwelling houses on the same side of the primary road and located within 40m of the site on which the group home is erected, or (b) if 2 group homes or dwelling houses are not located within 40m of the site—4.5m. (2) A group home and all ancillary structures on a site must have a setback from the boundary with a secondary road that is not a classified road of at least 2m. (3) A group home and all ancillary structures on a site must have a setback from a boundary with a parallel road that is not a classified road of at least— (a) the average distance of the setbacks of the 2 nearest group homes or dwelling houses on the same side of the parallel road and located within 40m of the site on which the group home is erected, or (b) if 2 group homes or dwelling houses are not located within 40m of the site—4.5m. 7 Setbacks from classified roads A group home and all ancillary structures on a site must have a setback from a boundary with a classified road of at least— (a) if another environmental planning instrument applying to the land establishes a setback for a group home or dwelling house having a boundary with a classified road—that distance, or (b) otherwise—9m. 8 Building articulation A group home, other than a group home on a battle-axe lot, must have— (a) a front door and a window to a habitable room in a building wall that faces, and is visible from, any primary road, and (b) a window to a habitable room in a building wall that faces, and is visible from, any parallel road, and (c) a window, with an area of at least 1m 2 , to a habitable room in a building wall that faces, and is visible from, any secondary road. 9 Articulation zones (1) If a group home has a setback from a primary road of at least 3m, an articulation zone may extend up to a distance of 1.5m from the building line into the setback. (2) The following building elements are permitted in an articulation zone— (a) an entry feature or portico, (b) a balcony, deck, patio, pergola, terrace or verandah, (c) a window box, (d) a bay window or similar feature, (e) an awning or other feature over a window, (f) a sun shading feature. (3) A building element must not extend above the eave gutter line, other than a pitched roof to an entry feature or portico that has the same pitch as the roof on the group home. (4) The maximum total area of all building elements within the articulation zone, other than a building element listed in subsection (2)(e) or (f), must be no more than 25% of the area of the articulation zone. 10 Side and rear boundary setbacks (1) A group home and all ancillary structures on a site must have a setback from the side boundary of at least the following— (a) in relation to a group home with a building height of up to 3.8m—0.9m, (b) in relation to a group home with a building height greater than 3.8m—0.9m plus 25% of the additional building height above 3.8m. (2) A group home and all ancillary structures on a site must have a setback from the rear boundary of at least the following— (a) in relation to a group home or an ancillary structure with a building height of up to 3.8m—0.9m, (b) in relation to a group home or an ancillary structure with a building height greater than 3.8m—3m plus an amount that is 3 times the additional building height above 3.8m, up to a maximum setback of 8m. (3) A group home on a site that has a rear boundary with a laneway may have a building line that abuts that boundary for up to 50% of the length of that boundary. 11 Calculating setbacks (1) For the purposes of determining the nearest 2 dwelling houses in this Schedule, section 6, a dwelling house or group home located on a battle-axe lot must be disregarded. (2) For the purposes of calculating the setback of the 2 nearest dwelling houses in this Schedule, section 6— (a) an ancillary structure must not be included, and (b) a building element within the articulation zone must not be included. (3) For the purposes of calculating setbacks for a battle-axe lot, the setback on the opposite side of the lot to the rear setback is taken to be a side setback. (4) For the purposes of calculating a side or rear setback, the maximum building height of a group home on a sloping site must be used. (5) A setback must be calculated at the closest point to the boundary from the building line. (6) For the purposes of calculating the setback from a road, a reference to an ancillary structure does not include the following— (a) a driveway, pathway or paving, (b) an eave, (c) a fence or screen, (d) a retaining wall, (e) an ancillary structure that is a building element permitted in the articulation zone. 12 Exceptions to setbacks (1) A group home or an attached ancillary structure must have a setback of at least 3m from a boundary with a public reserve. (2) Side and rear setbacks do not apply to the following— (a) an aerial, antenna, awning, eave, (b) a flue, chimney, pipe or cooling or heating appliance, (c) a rainwater tank with a height of more than 1.8m, (d) another structure associated with the provision of a utility service if it is located at least 450mm from the relevant boundary, (e) a fence, fascia, gutter, downpipe, light fitting, an electricity or gas meter, a driveway, pathway or paving if it is located within a required setback area to the relevant boundary. (3) The setback from a road does not apply to— (a) a driveway, fence, pathway, paving or retaining wall, or (b) the articulation zone and a building element permitted within the zone. (4) The setback from a rear boundary required by Schedule 2, section 10 of this Part does not apply to a lot that has only 3 boundaries, disregarding the boundary of an access lane if the lot is a battle-axe lot. 13 Building separation The distance between buildings that are used for the purposes of group homes on a site must be at least 1.8m. 14 Privacy (1) A window in a new group home, or a new window in any alteration or addition to an existing group home, must have a privacy screen for a part of the window less than 1.5m above the finished floor level if— (a) the window— (i) is in a habitable room that has a finished floor level of more than 1m above ground level (existing), and (ii) has a sill height less than 1.5m above that floor level, and (iii) faces a side or rear boundary and is less than 3m from that boundary, or (b) the window— (i) is in a habitable room that has a finished floor level of more than 3m above ground level (existing), and (ii) has a sill height less than 1.5m above that floor level, and (iii) faces a side or rear boundary and is at least 3m, but no more than 6m, from that boundary. (2) Subsection (1) does not apply to a window located in a bedroom if the window has an area of no more than 2m 2 . (3) A new balcony, deck, patio, terrace or verandah for the purposes of a new group home and any alteration to an existing balcony, deck, patio, terrace or verandah of a group home that has a floor area of more than 3m 2 must have a privacy screen if the balcony, deck, patio, terrace or verandah is— (a) within 3m of a side or rear boundary and has a floor level of more than 1m above ground level (existing), or (b) between 3m and 6m of a side or rear boundary and has a floor level of more than 2m above ground level (existing). (4) Any privacy screen required under subsection (3) must be installed— (a) to a height of at least 1.7m, but not more than 2.2m, above the finished floor level of the balcony, deck, patio, terrace or verandah, and (b) at the edge of the part of the development within the areas specified in subsection (3)(a) or (b) and is parallel to or faces towards the relevant side or rear boundary. 15 Landscaped area (1) At least 20% of the site area on which the erection of, or alterations or additions to, a group home or an ancillary structure is carried out must be a landscaped area. (2) At least 50% of the landscaped area must be located behind the building line to the primary road boundary. (3) The minimum dimensions of the landscaped area must be more than 2.5m. 16 Principal private open space A site on which a group home is erected must have more than 24m 2 of principal private open space that— (a) has an area at ground level (existing) directly accessible from, and adjacent to, a habitable room, other than a bedroom, and (b) is at least 4m wide, and (c) has a gradient no steeper than 1:50. 17 Requirement to provide car parking (1) At least 2 off-street car parking spaces must be provided on the site on which a group home is erected. (2) At least 2 off-street car parking spaces must be retained on a site on which alterations or additions to an existing off-street car parking space are carried out. (3) A car parking space under this section may be an open hard stand space or a carport or garage, whether attached or detached from the group home. 18 Garage, carport and parking spaces (1) A garage, carport or car parking space must be no more than 1m forward of the front building setback. (2) The total width of all door openings facing a primary road, a secondary road or a parallel road on a garage must— (a) be no more than 6m, and (b) be no more than 50% of the width of the building, measured at the building line to the relevant property boundary. (3) An open hard stand car parking space must measure at least 2.6m wide by 5.4m long. 19 Vehicle access The design and construction of the vehicular access to a site must comply with Australian Standard AS/NZS 2890.1 . 20 Earthworks, retaining walls and structural support (1) Excavation must— (a) not be deeper than a maximum depth measured from ground level (existing) of— (i) if located within 1m of a boundary—1m, or (ii) if located more than 1m, but not more than 1.5m, from a boundary—2m, or (iii) if located more than 1.5m from a boundary—3m, and (b) if the land is identified as Class 3 or 4 on an Acid Sulfate Soils Map or is within 40m of a waterbody (natural)—be no more than 1m below ground level (existing). (2) Fill must— (a) not have a height of more than 1m above ground level (existing), and (b) be contained in accordance with subsections (4) and (5) by— (i) a retaining wall or other form of structural support that does not extend more than 1.5m from an external wall of the dwelling, or (ii) an unprotected sloping embankment or batter— (A) that does not extend from the group home by more than 3m, and (B) with a toe more than 1m from a side or rear boundary. (3) The final ground level (finished) of fill placed on a site must not be used for the purposes of measuring the height of development carried out under Chapter 3, Part 2. (4) Support for earthworks that are more than 600mm above or below ground level (existing) and within 1m of any boundary, or more than 1m above or below ground level (existing) in any other location, must take the form of a retaining wall or other form of structural support that— (a) has been certified by a professional engineer, and (b) has adequate drainage lines connected to the existing stormwater drainage system for the site, and (c) does not result in any retaining wall or structural support with a total height measured vertically from the base of the retaining wall or structural support to its uppermost portion that is— (i) more than 1m in height and within 1m from a side or rear boundary, or (ii) more than 3m in height in any other location. (5) Excavation or fill that is more than 600mm above or below ground level (existing) requires a retaining wall or structural support that must be— (a) constructed in accordance with subsection (4), and (b) designed so as not to redirect the flow of any surface water or ground water, or cause sediment to be transported, onto an adjoining property, and (c) separated from any retaining wall or other structural support on the site by at least 2m, measured horizontally, and (d) installed in accordance with the manufacturer’s specification. Note— Fill and excavation not associated with a building may be exempt development—see the Codes SEPP, clauses 2.29 and 2.30. 21 Fill of sloping sites (1) Fill associated with the erection of, or alterations or additions to, a group home or an ancillary structure must— (a) be no more than 1m above ground level (existing), and (b) be contained wholly within the external walls of the group home or an ancillary structure. (2) Exposed fill may be constructed using an unprotected embankment if— (a) the group home or an ancillary structure has a setback of more than 2m from a side or rear boundary, and (b) the fill is no more than 0.6m above ground level (existing), and (c) the fill, but not the embankment, does not extend more than 1 metre beyond an external wall of the group home or detached ancillary structure, and (d) the toe of the unprotected embankment has a setback of at least 0.4m from a side or rear boundary. 22 Drainage (1) All stormwater collecting as a result of the erection of, or alterations or additions to, a group home or an ancillary structure must be conveyed by a gravity fed or charged system to— (a) a street drainage system under the control of the relevant public authority, or (b) an inter-allotment drainage system, or (c) if the site is unsewered—an on-site disposal system approved under the Local Government Act 1993 , section 68. (2) All surface water run-off emanating from a sloping site as a result of the erection of, or alterations or additions to, a group home or an ancillary structure must be collected and conveyed to a drainage system listed in subsection (1). 23 Swimming pools (1) An ancillary structure comprising a swimming pool for a group home must be located— (a) behind the setback from any road boundary, or (b) in the rear yard area. (2) The swimming pool water line must have a setback of at least 1 metre from a side or rear boundary. (3) Decking around a swimming pool must be no more than 0.6m above ground level (existing). (4) Coping around a swimming pool must be no more than— (a) 1.4m above ground level (existing), or (b) 0.3m wide if the coping is more than 0.6m above ground level (existing). (5) Water from a swimming pool must be discharged in accordance with an approval under the Local Government Act 1993 if the site is not connected to a sewer main. Note— A child-resistant barrier must be constructed or installed in accordance with the requirements of the Swimming Pools Act 1992 . 24 Fences (1) A fence must be constructed so as not to prevent natural flow of stormwater drainage or run-off. (2) The height of a boundary fence in a residential zone must not be more than— (a) for development within the boundaries of an existing group home—2.1m above ground level (existing) if the fence is behind the front building line and 1.2m above ground level (existing) if the fence is on or forward of the line, and (b) otherwise—1.8m above ground level (existing) if the fence is behind the front building line and 1.2m above ground level (existing) if the fence is on or forward of the line. (3) A fence must not include masonry construction to a height of more than 0.9m above ground level (existing). 25 Access ramps (1) The gradient of an access ramp must not be steeper than 1:14. (2) An access ramp must be constructed so as to comply with AS 1428.1 . (3) An access ramp must not create a traffic or pedestrian hazard. 26 Setbacks of group homes and ancillary structures from protected trees (1) Development for the purposes of a group home, all ancillary structures and associated excavation on a lot, must have a setback from a protected tree on the lot of at least 3m. (2) The following ancillary structures are permitted within the setback if the development does not require a cut or fill of more than 0.15m below or above ground level (existing)— (a) an access ramp, (b) a driveway, pathway or paving, (c) an awning, blind or canopy, (d) a fence, screen or child-resistant barrier associated with a swimming pool or spa pool. Note— A separate permit or development consent may be required if the branches or roots of a protected tree on the lot or on an adjoining lot are required to be pruned or removed. sch 2: Am 2022 (451), Sch 1[7]; 2023 (664), Sch 1[2]; 2024 (594), Sch 3[2].

Site requirements Development may only be carried out on a site that— (a) has an area of at least 450m 2 , excluding the area of the access laneway if it is a battle-axe lot, and (b) has a boundary with, or lawful access to, a public road, and (c) if it is not a battle-axe lot, has a boundary with a primary road of at least 12m, and (d) if it is a battle-axe lot, has an access laneway of at least 3m in width, and (e) has at least one area on the site that measures at least 12m by 12m, excluding the access laneway if it is a battle-axe lot.

(2) A group home must not be erected on a lot if the size of the lot is less than the minimum lot size for the erection of a dwelling house under an environmental planning instrument applying to the lot.

Building articulation A group home, other than a group home on a battle-axe lot, must have— (a) a front door and a window to a habitable room in a building wall that faces, and is visible from, any primary road, and (b) a window to a habitable room in a building wall that faces, and is visible from, any parallel road, and (c) a window, with an area of at least 1m 2 , to a habitable room in a building wall that faces, and is visible from, any secondary road.

(2) A group home and all ancillary structures on a site must have a setback from the rear boundary of at least the following— (a) in relation to a group home or an ancillary structure with a building height of up to 3.8m—0.9m, (b) in relation to a group home or an ancillary structure with a building height greater than 3.8m—3m plus an amount that is 3 times the additional building height above 3.8m, up to a maximum setback of 8m.

(3) A group home on a site that has a rear boundary with a laneway may have a building line that abuts that boundary for up to 50% of the length of that boundary.

(2) Side and rear setbacks do not apply to the following— (a) an aerial, antenna, awning, eave, (b) a flue, chimney, pipe or cooling or heating appliance, (c) a rainwater tank with a height of more than 1.8m, (d) another structure associated with the provision of a utility service if it is located at least 450mm from the relevant boundary, (e) a fence, fascia, gutter, downpipe, light fitting, an electricity or gas meter, a driveway, pathway or paving if it is located within a required setback area to the relevant boundary.

(3) The setback from a road does not apply to— (a) a driveway, fence, pathway, paving or retaining wall, or (b) the articulation zone and a building element permitted within the zone.

(4) The setback from a rear boundary required by Schedule 2, section 10 of this Part does not apply to a lot that has only 3 boundaries, disregarding the boundary of an access lane if the lot is a battle-axe lot.

(1) At least 20% of the site area on which the erection of, or alterations or additions to, a group home or an ancillary structure is carried out must be a landscaped area.

(2) At least 50% of the landscaped area must be located behind the building line to the primary road boundary.

Principal private open space A site on which a group home is erected must have more than 24m 2 of principal private open space that— (a) has an area at ground level (existing) directly accessible from, and adjacent to, a habitable room, other than a bedroom, and (b) is at least 4m wide, and (c) has a gradient no steeper than 1:50.

Earthworks, retaining walls and structural support Note— Fill and excavation not associated with a building may be exempt development—see the Codes SEPP, clauses 2.29 and 2.30.

(1) Excavation must— (a) not be deeper than a maximum depth measured from ground level (existing) of— (i) if located within 1m of a boundary—1m, or (ii) if located more than 1m, but not more than 1.5m, from a boundary—2m, or (iii) if located more than 1.5m from a boundary—3m, and (b) if the land is identified as Class 3 or 4 on an Acid Sulfate Soils Map or is within 40m of a waterbody (natural)—be no more than 1m below ground level (existing).

(2) Fill must— (a) not have a height of more than 1m above ground level (existing), and (b) be contained in accordance with subsections (4) and (5) by— (i) a retaining wall or other form of structural support that does not extend more than 1.5m from an external wall of the dwelling, or (ii) an unprotected sloping embankment or batter— (A) that does not extend from the group home by more than 3m, and (B) with a toe more than 1m from a side or rear boundary.

(3) The final ground level (finished) of fill placed on a site must not be used for the purposes of measuring the height of development carried out under Chapter 3, Part 2.

(4) Support for earthworks that are more than 600mm above or below ground level (existing) and within 1m of any boundary, or more than 1m above or below ground level (existing) in any other location, must take the form of a retaining wall or other form of structural support that— (a) has been certified by a professional engineer, and (b) has adequate drainage lines connected to the existing stormwater drainage system for the site, and (c) does not result in any retaining wall or structural support with a total height measured vertically from the base of the retaining wall or structural support to its uppermost portion that is— (i) more than 1m in height and within 1m from a side or rear boundary, or (ii) more than 3m in height in any other location.

(5) Excavation or fill that is more than 600mm above or below ground level (existing) requires a retaining wall or structural support that must be— (a) constructed in accordance with subsection (4), and (b) designed so as not to redirect the flow of any surface water or ground water, or cause sediment to be transported, onto an adjoining property, and (c) separated from any retaining wall or other structural support on the site by at least 2m, measured horizontally, and (d) installed in accordance with the manufacturer’s specification.

(1) An ancillary structure comprising a swimming pool for a group home must be located— (a) behind the setback from any road boundary, or (b) in the rear yard area.

(2) The swimming pool water line must have a setback of at least 1 metre from a side or rear boundary.

(3) Decking around a swimming pool must be no more than 0.6m above ground level (existing).

(4) Coping around a swimming pool must be no more than— (a) 1.4m above ground level (existing), or (b) 0.3m wide if the coping is more than 0.6m above ground level (existing).

(5) Water from a swimming pool must be discharged in accordance with an approval under the Local Government Act 1993 if the site is not connected to a sewer main.

(1) A fence must be constructed so as not to prevent natural flow of stormwater drainage or run-off.

(2) The height of a boundary fence in a residential zone must not be more than— (a) for development within the boundaries of an existing group home—2.1m above ground level (existing) if the fence is behind the front building line and 1.2m above ground level (existing) if the fence is on or forward of the line, and (b) otherwise—1.8m above ground level (existing) if the fence is behind the front building line and 1.2m above ground level (existing) if the fence is on or forward of the line.

(3) A fence must not include masonry construction to a height of more than 0.9m above ground level (existing).

(1) Development for the purposes of a group home, all ancillary structures and associated excavation on a lot, must have a setback from a protected tree on the lot of at least 3m.

(2) The following ancillary structures are permitted within the setback if the development does not require a cut or fill of more than 0.15m below or above ground level (existing)— (a) an access ramp, (b) a driveway, pathway or paving, (c) an awning, blind or canopy, (d) a fence, screen or child-resistant barrier associated with a swimming pool or spa pool. Note— A separate permit or development consent may be required if the branches or roots of a protected tree on the lot or on an adjoining lot are required to be pruned or removed.

Dictionary section 4 Aboriginal Housing Office means the Aboriginal Housing Office constituted by the Aboriginal Housing Act 1998 , section 6. Accelerated Transport Oriented Development Precincts Rezoning Areas Map means the State Environmental Planning Policy (Housing) 2021 Accelerated Transport Oriented Development Precincts Rezoning Areas Map . accessible area means land within— (a) 800m walking distance of— (i) a public entrance to a railway, metro or light rail station, or (ii) for a light rail station with no entrance—a platform of the light rail station, or (iii) a public entrance to a wharf from which a Sydney Ferries ferry service operates, or (b) (c) 400m walking distance of a bus stop used by a regular bus service, within the meaning of the Passenger Transport Act 1990 , that has at least 1 bus per hour servicing the bus stop between— (i) 6am and 9pm each day from Monday to Friday, both days inclusive, and (ii) 8am and 6pm on each Saturday and Sunday. Apartment Design Guide means the Apartment Design Guide published by the Department in July 2015. ARI means average recurrence interval. AS 1428.1 means the version of the Australian Standard entitled AS 1428.1:2021 , Design for access and mobility, Part 1: General requirements for access—New building work , published by Standards Australia, adopted in the Building Code of Australia . AS 4586—2013 , for Schedule 4—see Schedule 4, section 1A. AS/NZS 2890.6 means the version of the Australian Standard entitled AS/NZS 2890.6—2009 , Parking facilities, Part 6: Off street parking for people with disabilities , published by Standards Australia, adopted in the Building Code of Australia . battle-axe lot means a lot that has access to a road by an access laneway. boarding room means a room or suite of rooms within a boarding house occupied or so constructed or adapted as to be capable of being occupied by 1 or more residents. Bush Fire Evacuation Risk Map means the map marked “ State Environmental Planning Policy No 5—Housing for Older People or People with a Disability (Amendment No 6) Bush Fire Evacuation Risk Map ” published on the Department’s website. bush fire prone land means land identified on a bush fire prone land map certified under the Act, section 10.3. Central Coast City means the land described as the Central Coast City in the Six Cities Region. Note— The Act, Schedule 9 sets out the local government areas in each city in the Six Cities Region. Central River City means the land described as the Central River City in the Six Cities Region. Note— The Act, Schedule 9 sets out the local government areas in each city in the Six Cities Region. circulation space , for Schedule 4—see Schedule 4, section 1A. Codes SEPP means State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 . continuous accessible path of travel , for Schedule 4—see Schedule 4, section 1A. deep soil zone means a landscaped area with no buildings or structures above or below the ground. Deferred Transport Oriented Development Areas Map , for Chapter 6—see section 163. design principles for residential apartment development means the principles set out in Schedule 9. design principles for seniors housing means the principles set out in Schedule 8. design review panel means a panel constituted by the Minister under the Environmental Planning and Assessment Regulation 2021 , section 288A. development for the purposes of a secondary dwelling —see section 49. dwelling , for Chapter 3, Part 14—see section 141M. Eastern Harbour City means the land described as the Eastern Harbour City in the Six Cities Region. Note— The Act, Schedule 9 sets out the local government areas in each city in the Six Cities Region. equivalent land use zone —see section 5. flood and risk impact assessment means a study to assess, in relation to land on which development is carried out— (a) flood behaviour, constraints and risk, and (b) off-site flood impacts on property and the community, and (c) flood risks to buildings resulting from the development and users of the buildings. flood compatible material means building materials and surface finishes capable of withstanding prolonged immersion in water. flood control lot means a lot to which flood related development controls apply in relation to development for the purposes of secondary dwellings or group homes. flood planning level means— (a) the flood planning level adopted in a development control plan by the relevant council for the lot, or (b) the flood planning level specified in a flood study or floodplain risk management plan— (i) prepared in accordance with the principles of the Flood Risk Management Manual , and (ii) adopted by the relevant council for the lot. flood prone land has the same meaning as in the Flood Risk Management Manual . Flood Risk Management Manual means the Flood Risk Management Manual , ISBN 978-1-923076-17-4 , published by the NSW Government in June 2023. flow path means a flow path identified in the council’s flood study or floodplain risk management study carried out in accordance with the Flood Risk Management Manual . general power outlet , for Schedule 4—see Schedule 4, section 1A. general requirements , for Chapter 3, Part 14—see section 141M. habitable room has the same meaning as in the Building Code of Australia . Note— The term is defined as a room used for normal domestic activities, other than a bathroom, laundry, toilet, pantry, walk in wardrobe, hallway, lobby, clothes drying room or other space of a specialised nature not occupied frequently or for extended periods. heritage conservation area means the following identified in another environmental planning instrument— (a) a heritage conservation area, (b) an archaeological site, (c) an Aboriginal place of heritage significance. heritage item means a heritage item identified in another environmental planning instrument. high hazard area means a high hazard area identified in the council’s flood study or floodplain risk management study carried out in accordance with the Flood Risk Management Manual . high risk area means a high risk area identified in the council’s flood study or floodplain risk management study carried out in accordance with the Flood Risk Management Manual . hostel —see section 82. in-fill self-care housing —see section 82. Land and Housing Corporation means the New South Wales Land and Housing Corporation constituted by the Housing Act 2001 . landscaped area means the part of the site area not occupied by a building and includes a part used or intended to be used for a rainwater tank, swimming pool or open-air recreation facility, but does not include a part used or intended to be used for a driveway or parking area. low and mid rise housing area , for Chapter 6—see section 163. low and mid rise housing inner area , for Chapter 6—see section 163. low and mid rise housing outer area , for Chapter 6—see section 163. Low Rise Housing Diversity Design Guide has the same meaning as in the Codes SEPP. manor house has the same meaning as in the Codes SEPP. maximum permissible building height means the maximum building height permitted on the land under Chapter 5 or 6, where relevant, an environmental planning instrument, other than this Policy, or a development control plan. maximum permissible floor space ratio means the maximum floor space ratio permitted on the land under Chapter 5 or 6, where relevant, an environmental planning instrument, other than this Policy, or a development control plan. modification application has the same meaning as in the Environmental Planning and Assessment Regulation 2021 . multi dwelling housing (terraces) has the same meaning as in the Codes SEPP. occupation date , for Chapter 3, Part 14—see section 141M. planning agreement has the same meaning as in the Act, Division 7.1. Planning for Bush Fire Protection means the document prescribed by the Environmental Planning and Assessment Regulation 2021 , section 271. professional engineer means a registered professional engineer, within the meaning of the Design and Building Practitioners Act 2020 , who is authorised by the registration to carry out the work required. registered community housing provider has the same meaning as in the Community Housing Providers (Adoption of National Law) Act 2012 , section 13. relevant authority means the following— (a) the Aboriginal Housing Office, (b) the Land and Housing Corporation, (c) Landcom. relevant planning instrument means an environmental planning instrument, other than this Policy, or a development control plan, if any, that applies to the land on which the development will be carried out. residential apartment development —see section 144. servicing equipment includes plant, lift motor rooms and fire stairs. site area or site means the area of land on which development is or will be carried out and may include the whole or part of 1 lot, or more than 1 lot if the lots are contiguous to each other, but does not include land on which development is not permitted to be carried out under this Policy. social housing provider means the following— (a) the Secretary of the Department of Communities and Justice, (b) the Land and Housing Corporation, (c) a registered community housing provider, (d) the Aboriginal Housing Office, (e) a registered Aboriginal housing organisation within the meaning of the Aboriginal Housing Act 1998 , (f) a local government authority that provides affordable housing, (g) a not-for-profit organisation that is a direct provider of rental housing to tenants. standard instrument means the standard instrument set out at the end of the Standard Instrument (Local Environmental Plans) Order 2006 . strata subdivision , for Chapter 6—see section 163. temporary housing , for Chapter 3, Part 14—see section 141M. tenanted component , of a building, means the dwellings referred to in section 72(3)(a), including the common spaces and shared facilities provided for the use of the residents of the dwellings. the Act means the Environmental Planning and Assessment Act 1979 . Town Centres Map , for Chapter 6—see section 163. 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. Western Parkland City means the land described as the Western Parkland City in the Six Cities Region. Note— The Act, Schedule 9 sets out the local government areas in each city in the Six Cities Region. sch 10 (previously Dictionary): Am 2022 (99), Sch 1[23] [24]; 2022 (349), Sch 1[48]; 2023 (83), Sch 2.3[5]; 2023 (609), Sch 2.18[2] [6]; 2023 (664), Sch 1[74] [75]. Renumbered 2023 (664), Sch 1[73]. Am 2024 (135), Sch 1[14] [15]; 2024 (594), Sch 2[5]; 2024 (652), Sch 1[12]; 2025 (81), Sch 1[4]; 2025 (105), Sch 1[2]. sch 10 (as originally notified): Rep 2022 (349), Sch 1[47].