State Environmental Planning Policy (Housing) 2021

Non-discretionary development standards—the Act, s 4.15 s 19: Subst 2023 (664), Sch 1[8].

(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 450m 2 , (b) a minimum landscaped area that is the lesser of— (i) 35m 2 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—65m 2 , (ii) for each dwelling containing 2 bedrooms—90m 2 , (iii) for each dwelling containing at least 3 bedrooms—115m 2 plus 12m 2 for each bedroom in addition to 3 bedrooms.

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

(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.

Development standards—general 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].

Non-discretionary development standards for hostels and residential care facilities—the Act, s 4.15 s 107: Am 2023 (664), Sch 1[54].

Non-discretionary development standards for independent living units—the Act, s 4.15 s 108: Am 2023 (664), Sch 1[55]–[57].

108AA s 108AA: Ins 2022 (349), Sch 1[34]. Rep 2023 (664), Sch 1[59].

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 s 108AA: Ins 2022 (349), Sch 1[34]. Rep 2023 (664), Sch 1[59]. 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 (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 (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 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 (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]. 108D 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 seniors housing. s 108D: Ins 2022 (99), Sch 1[14]. Am 2022 (349), Sch 1[41]. 108E Subdivision of seniors housing not permitted Development consent must not be granted for the subdivision of seniors housing. s 108E: Ins 2022 (99), Sch 1[14].

Transport oriented development ch 5: Ins 2024 (135), Sch 1[12]. 150 Aims of chapter The aims of this chapter are as follows— (a) to increase housing density within 400m of existing and planned public transport, (b) to deliver mid-rise residential flat buildings, seniors housing in the form of independent living units and shop top housing around rail and metro stations that— (i) are well designed, and (ii) are of appropriate bulk and scale, and (iii) provide amenity and liveability, (c) to encourage the development of affordable housing to meet the needs of essential workers and vulnerable members of the community. s 150: Ins 2024 (135), Sch 1[12]. Am 2024 (652), Sch 1[4]. 151 Definitions In this chapter— relevant employment zone — (a) means the following— (i) Zone E1 Local Centre, (ii) Zone E2 Commercial Centre, (iii) for land in the Canterbury-Bankstown local government area—Zone B2 Local Centre, (iv) for land in the Gosford city centre under State Environmental Planning Policy (Precincts—Regional) 2021 , Chapter 5—Zone B3 Commercial Core, and (b) includes an equivalent land use zone. relevant residential zone — (a) means the following— (i) Zone R1 General Residential, (ii) Zone R2 Low Density Residential, (iii) Zone R3 Medium Density Residential, (iv) Zone R4 High Density Residential, and (b) includes an equivalent land use zone. Transport Oriented Development Area means land identified as a “Transport Oriented Development Area” on the Transport Oriented Development Sites Map . Transport Oriented Development Sites Map means the State Environmental Planning Policy (Housing) 2021 Transport Oriented Development Sites Map . s 151: Ins 2024 (135), Sch 1[12]. 152 Land to which chapter applies (1) This chapter applies to land in the following local government areas that is in a Transport Oriented Development Area— (a) Bayside, (b) Burwood, (c) Canada Bay, (d) Canterbury-Bankstown, (e) Central Coast, (f) Cumberland, (g) Georges River, (h) Inner West, (i) Ku-ring-gai, (j) City of Lake Macquarie, (k) City of Newcastle, (l) (m) City of Wollongong. Note— A Transport Oriented Development Area is generally land within 400m of a railway or metro station in a local government area to which this chapter applies. When this chapter commenced, a Transport Oriented Development Area was not identified on the Transport Oriented Development Sites Map for each local government area. (2) This chapter also applies to a lot if subsection (1) applies to part of the lot. (3) If a development application proposes the amalgamation of a lot of land to which this chapter applies with another lot, this chapter is taken to apply to the other lot for the purposes of determining the development application, but only if every other lot proposed for amalgamation shares a boundary of at least 3m with the lot to which this chapter applies. (4) Subsections (2) and (3) do not apply to a lot on which a State or local heritage item is located. s 152: Ins 2024 (135), Sch 1[12]. Am 2025 (291), Sch 1[25]; 2026 (34), Sch 2[1]. 153 Relationship to other environmental planning instruments If there is an inconsistency between this chapter and another provision of this or another environmental planning instrument, whether made before or after the commencement of this chapter, this chapter prevails to the extent of the inconsistency. s 153: Ins 2024 (135), Sch 1[12]. 154 Development permitted with development consent in Transport Oriented Development Areas (1) Development for the purposes of residential flat buildings is permitted with development consent on land in the following zones in a Transport Oriented Development Area— (a) a relevant residential zone, (b) Zone E1 Local Centre or an equivalent land use zone, (c) for land in the Canterbury-Bankstown local government area—Zone B2 Local Centre. (2) Development for the purposes of shop top housing is permitted with development consent on land in a relevant employment zone in a Transport Oriented Development Area. s 154: Ins 2024 (135), Sch 1[12]. 155 Maximum building height and maximum floor space ratio (1) This section identifies development standards for development under this chapter 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 maximum building height for a residential flat building in a Transport Oriented Development Area is 22m. (3) The maximum building height for a building containing an independent living unit or shop top housing in a Transport Oriented Development Area is 24m. (4) The maximum floor space ratio for the following in a relevant residential zone or relevant employment zone in a Transport Oriented Development Area is 2.5:1— (a) a residential flat building, (b) a building containing an independent living unit or shop top housing. (5) This section does not apply to the extent a provision of another chapter of this policy or another environmental planning instrument permits a greater maximum building height or floor space ratio for a residential flat building or building containing shop top housing on the land. s 155: Ins 2024 (135), Sch 1[12]. Am 2024 (652), Sch 1[5] [6]; 2026 (33), Sch 2[1]. 156 Affordable housing (1) This section applies to development for the purposes of residential flat buildings, independent living units or shop top housing in a Transport Oriented Development Area if the building has a gross floor area of at least 2000m 2 . (2) Development consent must not be granted unless the consent authority is satisfied that— (a) at least 2% of the gross floor area of the building will be used for affordable housing, and (b) the affordable housing will be managed by a registered community housing provider in perpetuity. (3) A requirement under a provision of another chapter of this policy, another environmental planning instrument or a planning agreement that requires the development to provide more affordable housing prevails over this section. (4) Affordable housing provided as part of the 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 required under this section. s 156: Ins 2024 (135), Sch 1[12]. Am 2024 (652), Sch 1[7]. 157 Affordable housing parking spaces (1) This section identifies a development standard for development under this chapter that, if complied with, prevents 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) Development to which section 156 applies must provide the following number of parking spaces for each affordable housing dwelling required under that section— (a) for each dwelling containing 1 bedroom—0.4 parking space, (b) for each dwelling containing 2 bedrooms—0.5 parking space, (c) for each dwelling containing 3 or more bedrooms—1 parking space. (3) This section prevails over a provision in another chapter of this policy or another environmental planning instrument to the extent that other provision permits a lower number of parking spaces for dwellings used for affordable housing on the land. s 157: Ins 2024 (135), Sch 1[12]. 158 Exception to minimum lot size (1) This section applies if another environmental planning instrument applying to the land specifies a minimum lot size for development for the purposes of residential flat buildings or shop top housing (a minimum lot size restriction ). (2) Development consent may be granted to development for the purposes of residential flat buildings or shop top housing on land in a Transport Oriented Development Area, despite a minimum lot size restriction. s 158: Ins 2024 (135), Sch 1[12]. 159 Minimum lot width Development consent must not be granted to development for the purposes of residential flat buildings, independent living units or shop top housing on a lot in a Transport Oriented Development Area, unless the lot is at least 21m wide at the front building line. s 159: Ins 2024 (135), Sch 1[12]. Am 2024 (652), Sch 1[7]. 160 Active street frontages (1) The objective of this section is to ensure active street frontages for residential flat buildings and buildings containing independent living units in Zone E1 Local Centre in Transport Oriented Development Areas to encourage the presence and movement of people. (2) This section applies to development for the purposes of residential flat buildings or buildings containing independent living units on land in the following zones in a Transport Oriented Development Area— (a) Zone E1 Local Centre or an equivalent land use zone, (b) for land in the Canterbury-Bankstown local government area—Zone B2 Local Centre. (3) Development consent must not be granted unless the consent authority is satisfied the building will have an active street frontage. (4) A residential flat building or a building containing an independent living unit has an active street frontage if the ground floor has building design elements that encourage interaction between the inside of the building and the external public areas adjoining the building. (5) This section prevails over a provision of another environmental planning instrument that requires an active street frontage for development on land to which this section applies. s 160: Ins 2024 (135), Sch 1[12]. Am 2024 (652), Sch 1[8]–[10]. 161 Consideration of Apartment Design Guide Development consent must not be granted for development for the purposes of residential flat buildings, independent living units or shop top housing on land in a Transport Oriented Development Area unless the consent authority has considered the Apartment Design Guide. s 161: Ins 2024 (135), Sch 1[12]. Am 2024 (652), Sch 1[7].

Maximum building height and maximum floor space ratio s 155: Ins 2024 (135), Sch 1[12]. Am 2024 (652), Sch 1[5] [6]; 2026 (33), Sch 2[1].

(3) The maximum building height for a building containing an independent living unit or shop top housing in a Transport Oriented Development Area is 24m.

(4) The maximum floor space ratio for the following in a relevant residential zone or relevant employment zone in a Transport Oriented Development Area is 2.5:1— (a) a residential flat building, (b) a building containing an independent living unit or shop top housing.

Low and mid rise housing ch 6: Ins 2025 (81), Sch 1[3]. Part 1 Preliminary ch 6, pt 1: Ins 2025 (81), Sch 1[3]. 162 Aim of chapter The aim of this chapter is to encourage the development of low and mid rise housing in areas that are well located with regard to goods, services and public transport. s 162: Ins 2025 (81), Sch 1[3]. 163 Definitions In this chapter— low and mid rise housing area means— (a) land within 800m walking distance of— (i) land identified as “Town Centre” on the Town Centres Map , or (ii) a public entrance to a railway, metro or light rail station listed in Schedule 11, or (iii) for a light rail station listed in Schedule 11 with no public entrance—a platform of the light rail station, and (b) if a site area contains land identified in paragraph (a)—the site area. Low and Mid Rise Housing Exclusion Map means the State Environmental Planning Policy (Housing) 2021 Low and Mid Rise Housing Exclusion Map . low and mid rise housing inner area means— (a) land within 400m walking distance of— (i) land identified as “Town Centre” on the Town Centres Map , or (ii) a public entrance to a railway, metro or light rail station listed in Schedule 11, or (iii) for a light rail station listed in Schedule 11 with no public entrance—a platform of the light rail station, and (b) if a site area contains land identified in paragraph (a)—the site area. low and mid rise housing outer area means— (a) land between 400m and 800m walking distance of— (i) land identified as “Town Centre” on the Town Centres Map , or (ii) a public entrance to a railway, metro or light rail station listed in Schedule 11, or (iii) for a light rail station listed in Schedule 11 with no public entrance—a platform of the light rail station, and (b) if a site area contains land identified in paragraph (a)—the site area, unless the site area is also in the low and mid rise housing inner area. Town Centres Map means the State Environmental Planning Policy (Housing) 2021 Town Centres Map . s 163: Ins 2025 (81), Sch 1[3]. Am 2025 (597), Sch 11[1]; 2025 (619), Sch 2[1]; 2025 (647), Sch 1[1]; 2025 (684), Sch 3[6] [7]; 2026 (33), Sch 2[2]. 164 Land to which chapter applies (1) This chapter applies to the whole of the State, other than the following— (a) bush fire prone land, (b) land identified as a coastal vulnerability area or a coastal wetlands and littoral rainforests area within the meaning of State Environmental Planning Policy (Resilience and Hazards) 2021 , Chapter 2, (c) land to which Chapter 5 applies, (d) land that is a heritage item or on which a heritage item is located, (e) the following local government areas— (i) Bathurst Regional, (ii) City of Blue Mountains, (iii) City of Hawkesbury, (iv) Wollondilly, (f) flood prone land in the Georges River Catchment and Hawkesbury-Nepean Catchment under State Environmental Planning Policy (Biodiversity and Conservation) 2021 , Chapter 6, (g) land in a flood planning area in the following local government areas— (i) Armidale Regional, (ii) Ballina, (iii) Bellingen, (iv) Byron, (v) City of Cessnock, (vi) Clarence Valley, (vii) City of Coffs Harbour, (viii) Dungog, (ix) Goulburn Mulwaree, (x) Kempsey, (xi) Kyogle, (xii) City of Lismore, (xiii) City of Maitland, (xiv) Nambucca Valley, (xv) City of Newcastle, (xvi) Port Stephens, (xvii) Queanbeyan-Palerang Regional, (xviii) Richmond Valley, (xix) City of Shoalhaven, (xx) Singleton, (xxi) Tweed, (xxii) Upper Hunter Shire, (xxiii) Walcha, (h) land in an ANEF contour of 25 or greater or ANEC contour of 20 or greater, (i) land within 200m of a relevant pipeline within the meaning of State Environmental Planning Policy (Transport and Infrastructure) 2021 , section 2.77, (j) (k) land within 800m of a public entrance to a railway, metro or light rail station listed in Schedule 12, (l) land identified as “Accelerated TOD Precinct” on the Accelerated Transport Oriented Development Precincts Rezoning Areas Map , (m) land identified as “exclusion area” on the Low and Mid Rise Housing Exclusion Map . (2) (3) In this section— ANEC contour has the same meaning as in State Environmental Planning Policy (Precincts—Western Parkland City) 2021 , section 4.17. ANEF contour has the same meaning as in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 . flood planning area has the same meaning as in the Flood Risk Management Manual . s 164: Ins 2025 (81), Sch 1[3]. Am 2025 (291), Sch 1[26]; 2025 (619), Sch 2[2] [3]; 2026 (33), Sch 2[3]. 165 Non-discretionary development standards—the Act, s 4.15 Sections 168, 169, 172, 173, 179, and 180 identify non-discretionary development standards for the Act, section 4.15(2). s 165: Ins 2025 (81), Sch 1[3]. Part 2 Dual occupancies and semi-detached dwellings ch 6, pt 2: Ins 2025 (81), Sch 1[3]. Division 1 Preliminary ch 6, pt 2, div 1: Ins 2025 (81), Sch 1[3]. 166 Development permitted with development consent Development for the purposes of dual occupancies or semi-detached dwellings is permitted with development consent on land to which this chapter applies in Zone R2 Low Density Residential. s 166: Ins 2025 (81), Sch 1[3]. 167 Landscaping—dual occupancies (1) This section applies to development for the purposes of dual occupancies in a low and mid rise housing area in the following zones— (a) Zone R1 General Residential, (b) Zone R2 Low Density Residential, (c) Zone R3 Medium Density Residential, (d) Zone R4 High Density Residential. (2) Before granting development consent to development to which this section applies, the consent authority must consider the Tree Canopy Guide for Low and Mid Rise Housing , published by the Department in February 2025. s 167: Ins 2025 (81), Sch 1[3]. Division 2 Non-discretionary development standards—the Act, s 4.15 ch 6, pt 2, div 2: Ins 2025 (81), Sch 1[3]. 168 Non-discretionary development standards—dual occupancies (1) This section applies to development for the purposes of dual occupancies in a low and mid rise housing area in the following zones— (a) Zone R1 General Residential, (b) Zone R2 Low Density Residential, (c) Zone R3 Medium Density Residential, (d) Zone R4 High Density Residential. (2) The following non-discretionary development standards apply— (a) a minimum lot size of 450m 2 , (b) a minimum lot width at the front building line of 12m, (c) if no environmental planning instrument or development control plan that applies to the land specifies a maximum number of car parking spaces per dwelling—a minimum of 1 car parking space per dwelling, (d) a maximum floor space ratio of 0.65:1, (e) a maximum building height of 9.5m. s 168: Ins 2025 (81), Sch 1[3]. 169 Non-discretionary development standards—subdivision for dual occupancies (1) This section applies to development involving subdivision for the purposes of dual occupancies on land in a low and mid rise housing area in the following zones— (a) Zone R1 General Residential, (b) Zone R2 Low Density Residential, (c) Zone R3 Medium Density Residential. (1A) Despite the provisions of another environmental planning instrument, development consent may be granted to development to which this section applies. (2) This section applies only if— (a) development consent was granted for the dual occupancy on or after 28 February 2025, or (b) the development results from a development application made on or after 28 February 2025 for the subdivision of the land and the erection of a dual occupancy on the land. (3) The following non-discretionary development standards apply— (a) each resulting lot must contain no more than 1 dwelling, (b) each resulting lot must be at least 6m wide at the front building line, (c) each resulting lot must have lawful access and frontage to a public road, (d) each resulting lot must have an area of at least 225m 2 , (e) each resulting lot must not be a battle-axe lot. (4) This section does not apply to strata subdivision. s 169: Ins 2025 (81), Sch 1[3]. Am 2025 (597), Sch 11[2]. Part 3 Attached dwellings, multi dwelling housing and multi dwelling housing (terraces) ch 6, pt 3: Ins 2025 (81), Sch 1[3]. Division 1 Preliminary ch 6, pt 3, div 1: Ins 2025 (81), Sch 1[3]. 170 Development permitted with development consent Development for the purposes of multi dwelling housing or attached dwellings is permitted with development consent on land to which this chapter applies in a low and mid rise housing area in Zone R2 Low Density Residential. s 170: Ins 2025 (81), Sch 1[3]. 171 Landscaping—multi dwelling housing or multi dwelling housing (terraces) (1) This section applies to development for the purposes of multi dwelling housing or multi dwelling housing (terraces) in a low and mid rise housing area in the following zones— (a) Zone R1 General Residential, (b) Zone R2 Low Density Residential, (c) Zone R3 Medium Density Residential, (d) Zone R4 High Density Residential. (2) Before granting development consent to development to which this section applies, the consent authority must consider the Tree Canopy Guide for Low and Mid Rise Housing , published by the Department in February 2025. s 171: Ins 2025 (81), Sch 1[3]. Division 2 Non-discretionary development standards—the Act, s 4.15 ch 6, pt 3, div 2: Ins 2025 (81), Sch 1[3]. 172 Non-discretionary development standards—multi dwelling housing (1) This section applies to development for the purposes of multi dwelling housing on land in a low and mid rise housing area in the following zones— (a) Zone R1 General Residential, (b) Zone R2 Low Density Residential, (c) Zone R3 Medium Density Residential, (d) Zone R4 High Density Residential. (2) The following non-discretionary development standards apply in relation to development for the purposes of multi dwelling housing— (a) a minimum lot size of 600m 2 , (b) a minimum lot width at the front building line of 12m, (c) if no environmental planning instrument or development control plan that applies to the land specifies a maximum number of car parking spaces per dwelling—a minimum of 1 car parking space per dwelling, (d) a maximum floor space ratio of 0.7:1, (e) a maximum building height of 9.5m. (3) The following non-discretionary development standards apply in relation to development for the purposes of multi dwelling housing (terraces)— (a) a minimum lot size of 500m 2 , (b) a minimum lot width at the front building line of 18m, (c) if no environmental planning instrument or development control plan that applies to the land specifies a maximum number of car parking spaces per dwelling—a minimum of 0.5 car parking spaces per dwelling, (d) a maximum floor space ratio of 0.7:1, (e) a maximum building height of 9.5m. s 172: Ins 2025 (81), Sch 1[3]. 173 Non-discretionary development standards—subdivision for multi dwelling housing (terraces) (1) This section applies to development involving subdivision for the purposes of multi dwelling housing (terraces) on land in a low and mid rise housing area in the following zones— (a) Zone R1 General Residential, (b) Zone R2 Low Density Residential, (c) Zone R3 Medium Density Residential. (1A) Despite the provisions of another environmental planning instrument, development consent may be granted to development to which this section applies. (2) This section applies only if— (a) development consent was granted for the multi dwelling housing (terraces) on or after 28 February 2025, or (b) the development results from a development application made on or after 28 February 2025 for the subdivision of the land and the erection of multi dwelling housing (terraces) on the land. (3) The following non-discretionary development standards apply— (a) each resulting lot must contain no more than 1 dwelling, (b) each resulting lot must be 6m wide at the front building line, (c) each resulting lot must have lawful access and frontage to a public road, (d) each resulting lot must have an area of at least 165m 2 . (4) This section does not apply to strata subdivision. s 173: Ins 2025 (81), Sch 1[3]. Am 2025 (597), Sch 11[3]. Part 4 Residential flat buildings and shop top housing ch 6, pt 4: Ins 2025 (81), Sch 1[3]. Division 1 Preliminary ch 6, pt 4, div 1: Ins 2025 (81), Sch 1[3]. 174 Development permitted with development consent Development for the purposes of residential flat buildings is permitted with development consent on land to which this chapter applies in a low and mid rise housing area in Zone R2 Low Density Residential or R3 Medium Density Residential. s 174: Ins 2025 (81), Sch 1[3]. 175 Development standards—low and mid rise housing inner area (1) This section applies to land in a low and mid rise housing inner area in Zone R3 Medium Density Residential or R4 High Density Residential. (2) Development consent must not be granted for development for the purposes of residential flat buildings with a building height of up to 22m unless the consent authority is satisfied the building will have 6 storeys or fewer. (3) Development consent must not be granted for development for the purposes of a building containing shop top housing with a building height of up to 24m unless the consent authority is satisfied the building will have 6 storeys or fewer. (4) In this section, a storey does not include a basement within the meaning of the standard instrument. s 175: Ins 2025 (81), Sch 1[3]. Am 2025 (291), Sch 1[27]. 176 Development standards—low and mid rise housing outer area (1) This section applies to land in a low and mid rise housing outer area in Zone R3 Medium Density Residential or R4 High Density Residential. (2) Development consent must not be granted for development for the following purposes if a resulting building will have a building height of up to 17.5m unless the consent authority is satisfied that the building will have 4 storeys or fewer— (a) residential flat buildings, (b) buildings containing shop top housing. (3) In this section, a storey does not include a basement within the meaning of the standard instrument. s 176: Ins 2025 (81), Sch 1[3]. Am 2025 (291), Sch 1[28]. 177 Landscaping—residential flat buildings or shop top housing (1) This section applies to land in a low and mid rise housing area in Zone R3 Medium Density Residential or R4 High Density Residential. (2) Development consent must not be granted for development for the purposes of residential flat buildings or shop top housing unless the consent authority has considered the Tree Canopy Guide for Low and Mid Rise Housing , published by the Department in February 2025. s 177: Ins 2025 (81), Sch 1[3]. 178 Minimum lot size for residential flat buildings or shop top housing (1) This section applies to development for the purposes of residential flat buildings or shop top housing on land in a low and mid rise housing area in Zone R3 Medium Density Residential or R4 High Density Residential. (2) A requirement specified in another environmental planning instrument or development control plan in relation to the following does not apply to development that meets the standards in section 180(2) or (3)— (a) minimum lot size, (b) minimum lot width. s 178: Ins 2025 (81), Sch 1[3]. Division 2 Non-discretionary development standards—the Act, s 4.15 ch 6, pt 4, div 2: Ins 2025 (81), Sch 1[3]. 179 Non-discretionary development standards—residential flat buildings and shop top housing in Zone R1 or R2 (1) This section applies to development for the purposes of residential flat buildings or shop top housing on land in a low and mid rise housing area in Zone R1 General Residential or R2 Low Density Residential. (2) The following non-discretionary development standards apply— (a) a minimum lot size of 500m 2 , (b) a minimum lot width at the front building line of 12m, (c) if no environmental planning instrument or development control plan that applies to the land specifies a maximum number of car parking spaces per dwelling—a minimum of 0.5 car parking spaces per dwelling, (d) a maximum floor space ratio of 0.8:1, (e) a maximum building height of 9.5m. s 179: Ins 2025 (81), Sch 1[3]. 180 Non-discretionary development standards—residential flat buildings and shop top housing in Zone R3 or R4 (1) This section applies to development for the purposes of residential flat buildings or shop top housing on land in a low and mid rise housing area in Zone R3 Medium Density Residential or R4 High Density Residential. (2) The following non-discretionary development standards apply in relation to development on land in a low and mid rise housing inner area— (a) a maximum floor space ratio of 2.2:1, (b) for residential flat buildings—a maximum building height of 22m, (c) for a building containing shop top housing—a maximum building height of 24m. (3) The following non-discretionary development standards apply in relation to development on land in a low and mid rise housing outer area— (a) a maximum floor space ratio of 1.5:1, (b) a maximum building height of 17.5m. s 180: Ins 2025 (81), Sch 1[3].

Preliminary ch 6, pt 1: Ins 2025 (81), Sch 1[3]. 162 Aim of chapter The aim of this chapter is to encourage the development of low and mid rise housing in areas that are well located with regard to goods, services and public transport. s 162: Ins 2025 (81), Sch 1[3]. 163 Definitions In this chapter— low and mid rise housing area means— (a) land within 800m walking distance of— (i) land identified as “Town Centre” on the Town Centres Map , or (ii) a public entrance to a railway, metro or light rail station listed in Schedule 11, or (iii) for a light rail station listed in Schedule 11 with no public entrance—a platform of the light rail station, and (b) if a site area contains land identified in paragraph (a)—the site area. Low and Mid Rise Housing Exclusion Map means the State Environmental Planning Policy (Housing) 2021 Low and Mid Rise Housing Exclusion Map . low and mid rise housing inner area means— (a) land within 400m walking distance of— (i) land identified as “Town Centre” on the Town Centres Map , or (ii) a public entrance to a railway, metro or light rail station listed in Schedule 11, or (iii) for a light rail station listed in Schedule 11 with no public entrance—a platform of the light rail station, and (b) if a site area contains land identified in paragraph (a)—the site area. low and mid rise housing outer area means— (a) land between 400m and 800m walking distance of— (i) land identified as “Town Centre” on the Town Centres Map , or (ii) a public entrance to a railway, metro or light rail station listed in Schedule 11, or (iii) for a light rail station listed in Schedule 11 with no public entrance—a platform of the light rail station, and (b) if a site area contains land identified in paragraph (a)—the site area, unless the site area is also in the low and mid rise housing inner area. Town Centres Map means the State Environmental Planning Policy (Housing) 2021 Town Centres Map . s 163: Ins 2025 (81), Sch 1[3]. Am 2025 (597), Sch 11[1]; 2025 (619), Sch 2[1]; 2025 (647), Sch 1[1]; 2025 (684), Sch 3[6] [7]; 2026 (33), Sch 2[2]. 164 Land to which chapter applies (1) This chapter applies to the whole of the State, other than the following— (a) bush fire prone land, (b) land identified as a coastal vulnerability area or a coastal wetlands and littoral rainforests area within the meaning of State Environmental Planning Policy (Resilience and Hazards) 2021 , Chapter 2, (c) land to which Chapter 5 applies, (d) land that is a heritage item or on which a heritage item is located, (e) the following local government areas— (i) Bathurst Regional, (ii) City of Blue Mountains, (iii) City of Hawkesbury, (iv) Wollondilly, (f) flood prone land in the Georges River Catchment and Hawkesbury-Nepean Catchment under State Environmental Planning Policy (Biodiversity and Conservation) 2021 , Chapter 6, (g) land in a flood planning area in the following local government areas— (i) Armidale Regional, (ii) Ballina, (iii) Bellingen, (iv) Byron, (v) City of Cessnock, (vi) Clarence Valley, (vii) City of Coffs Harbour, (viii) Dungog, (ix) Goulburn Mulwaree, (x) Kempsey, (xi) Kyogle, (xii) City of Lismore, (xiii) City of Maitland, (xiv) Nambucca Valley, (xv) City of Newcastle, (xvi) Port Stephens, (xvii) Queanbeyan-Palerang Regional, (xviii) Richmond Valley, (xix) City of Shoalhaven, (xx) Singleton, (xxi) Tweed, (xxii) Upper Hunter Shire, (xxiii) Walcha, (h) land in an ANEF contour of 25 or greater or ANEC contour of 20 or greater, (i) land within 200m of a relevant pipeline within the meaning of State Environmental Planning Policy (Transport and Infrastructure) 2021 , section 2.77, (j) (k) land within 800m of a public entrance to a railway, metro or light rail station listed in Schedule 12, (l) land identified as “Accelerated TOD Precinct” on the Accelerated Transport Oriented Development Precincts Rezoning Areas Map , (m) land identified as “exclusion area” on the Low and Mid Rise Housing Exclusion Map . (2) (3) In this section— ANEC contour has the same meaning as in State Environmental Planning Policy (Precincts—Western Parkland City) 2021 , section 4.17. ANEF contour has the same meaning as in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 . flood planning area has the same meaning as in the Flood Risk Management Manual . s 164: Ins 2025 (81), Sch 1[3]. Am 2025 (291), Sch 1[26]; 2025 (619), Sch 2[2] [3]; 2026 (33), Sch 2[3]. 165 Non-discretionary development standards—the Act, s 4.15 Sections 168, 169, 172, 173, 179, and 180 identify non-discretionary development standards for the Act, section 4.15(2). s 165: Ins 2025 (81), Sch 1[3].

Land to which chapter applies s 164: Ins 2025 (81), Sch 1[3]. Am 2025 (291), Sch 1[26]; 2025 (619), Sch 2[2] [3]; 2026 (33), Sch 2[3].

(1) This chapter applies to the whole of the State, other than the following— (a) bush fire prone land, (b) land identified as a coastal vulnerability area or a coastal wetlands and littoral rainforests area within the meaning of State Environmental Planning Policy (Resilience and Hazards) 2021 , Chapter 2, (c) land to which Chapter 5 applies, (d) land that is a heritage item or on which a heritage item is located, (e) the following local government areas— (i) Bathurst Regional, (ii) City of Blue Mountains, (iii) City of Hawkesbury, (iv) Wollondilly, (f) flood prone land in the Georges River Catchment and Hawkesbury-Nepean Catchment under State Environmental Planning Policy (Biodiversity and Conservation) 2021 , Chapter 6, (g) land in a flood planning area in the following local government areas— (i) Armidale Regional, (ii) Ballina, (iii) Bellingen, (iv) Byron, (v) City of Cessnock, (vi) Clarence Valley, (vii) City of Coffs Harbour, (viii) Dungog, (ix) Goulburn Mulwaree, (x) Kempsey, (xi) Kyogle, (xii) City of Lismore, (xiii) City of Maitland, (xiv) Nambucca Valley, (xv) City of Newcastle, (xvi) Port Stephens, (xvii) Queanbeyan-Palerang Regional, (xviii) Richmond Valley, (xix) City of Shoalhaven, (xx) Singleton, (xxi) Tweed, (xxii) Upper Hunter Shire, (xxiii) Walcha, (h) land in an ANEF contour of 25 or greater or ANEC contour of 20 or greater, (i) land within 200m of a relevant pipeline within the meaning of State Environmental Planning Policy (Transport and Infrastructure) 2021 , section 2.77, (j) (k) land within 800m of a public entrance to a railway, metro or light rail station listed in Schedule 12, (l) land identified as “Accelerated TOD Precinct” on the Accelerated Transport Oriented Development Precincts Rezoning Areas Map , (m) land identified as “exclusion area” on the Low and Mid Rise Housing Exclusion Map .

(3) In this section— ANEC contour has the same meaning as in State Environmental Planning Policy (Precincts—Western Parkland City) 2021 , section 4.17. ANEF contour has the same meaning as in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 . flood planning area has the same meaning as in the Flood Risk Management Manual .

Pattern Book development ch 7: Ins 2025 (647), Sch 1[2]. 181 Definition In this chapter— mid-rise housing pattern means a mid-rise housing pattern published by the Department in November 2025. s 181: Ins 2025 (647), Sch 1[2]. 182 Land to which chapter applies (1) This chapter applies to the whole of the State, other than the following land— (a) bush fire prone land, (b) land identified as a coastal vulnerability area or a coastal wetlands and littoral rainforests area within the meaning of State Environmental Planning Policy (Resilience and Hazards) 2021 , Chapter 2, (c) land that is a local or State heritage item or on which a local or State heritage item is located, (d) land that is identified in an environmental planning instrument as being in a heritage conservation area, (e) the following local government areas— (i) Bathurst Regional, (ii) City of Blue Mountains, (iii) City of Hawkesbury, (iv) Wollondilly, (f) flood prone land in the Georges River Catchment and Hawkesbury-Nepean Catchment under State Environmental Planning Policy (Biodiversity and Conservation) 2021 , Chapter 6, (g) land in a flood planning area in the following local government areas— (i) Armidale Regional, (ii) Ballina, (iii) Bellingen, (iv) Byron, (v) City of Cessnock, (vi) Clarence Valley, (vii) City of Coffs Harbour, (viii) Dungog, (ix) Goulburn Mulwaree, (x) Kempsey, (xi) Kyogle, (xii) City of Lismore, (xiii) City of Maitland, (xiv) Nambucca Valley, (xv) City of Newcastle, (xvi) Port Stephens, (xvii) Queanbeyan-Palerang Regional, (xviii) Richmond Valley, (xix) City of Shoalhaven, (xx) Singleton, (xxi) Tweed, (xxii) Upper Hunter Shire, (xxiii) Walcha, (h) land in an ANEF contour of 25 or greater or ANEC contour of 20 or greater, (i) land within 200m of a relevant pipeline within the meaning of State Environmental Planning Policy (Transport and Infrastructure) 2021 , section 2.77, (j) (k) land within 800m of a public entrance to a railway, metro or light rail station listed in Schedule 12, (l) land identified as an “Accelerated TOD Precinct” on the Accelerated Transport Oriented Development Precincts Rezoning Areas Map . (2) In this section— ANEC contour has the same meaning as in State Environmental Planning Policy (Precincts—Western Parkland City) 2021 , section 4.17. ANEF contour has the same meaning as in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 . flood planning area has the same meaning as in the Flood Risk Management Manual . s 182: Ins 2025 (647), Sch 1[2]. Am 2025 (684), Sch 3[8]; 2026 (33), Sch 2[4]. 183 Development to which chapter applies (1) This chapter applies to development for the purposes of residential flat buildings if the consent authority is satisfied that— (a) the development is permitted with development consent under an environmental planning instrument that applies to the land, and (b) the development will be carried out on the following land— (i) land to which Chapter 5 applies, or (ii) land in a low and mid rise housing area within the meaning of section 163, and (c) the development will be carried out in accordance with the development standards, location requirements, technical drawing set and technical information specified in the mid-rise housing pattern identified as— (i) “Small lot apartments 01 by Collins and Turner”, or (ii) “Small lot apartments 02 by Nguluway DesignInc”, or (iii) “Small lot apartments 03 by MHN Design Union”, or (iv) “Small lot apartments 04 by Neeson Murcutt Neille”, or (v) “Corner lot apartments 01 by Tonkin Zulaikha Greer”, or (vi) “Corner lot apartments 02 by Spacecraft Architects”. (2) This chapter applies to development for the purposes of residential flat buildings if the consent authority is satisfied that— (a) the development is permitted with development consent under an environmental planning instrument that applies to the land, and (b) the development will be carried out in accordance with the development standards, location requirements, technical drawing set and technical information specified in the mid-rise housing pattern identified as— (i) “Large lot apartments 01 by Silvester Fuller”, or (ii) “Large lot apartments 02 by Bennett and Trimble”, or (iii) “Large lot apartments 03 by Andrew Burges Architects”. (3) This chapter applies to development for the purposes of shop top housing if the consent authority is satisfied that— (a) the development is permitted with development consent under an environmental planning instrument that applies to the land, and (b) the development will be carried out on the following land— (i) land to which Chapter 5 applies, or (ii) land in a low and mid rise housing area within the meaning of section 163, and (c) the development will include commercial premises or health services facilities, and (d) the development will be carried out in accordance with the development standards, location requirements, technical drawing set and technical information specified in the mid-rise housing pattern identified as— (i) “Corner lot apartments 01 by Tonkin Zulaikha Greer”, or (ii) “Corner lot apartments 02 by Spacecraft Architects”. s 183: Ins 2025 (647), Sch 1[2]. Am 2025 (684), Sch 3[9]. 184 Application of this policy The following sections of this policy do not apply to development to which this chapter applies— (a) sections 145–149, (b) section 155(4), (c) section 159, (d) section 161, (e) sections 177 and 178, (f) section 179(2)(a)–(d), (g) section 180(2)(a) and (3)(a). s 184: Ins 2025 (647), Sch 1[2]. Am 2025 (684), Sch 3[10]. 185 Subdivision of land (1) The strata subdivision of land on which development has been carried out under this chapter is permitted with development consent. (2) The strata subdivision of land on which development will be carried out under this chapter is permitted with development consent if a single development application proposes— (a) the carrying out of development to which this chapter applies on the land, and (b) the strata subdivision of the land. s 185: Ins 2025 (647), Sch 1[2].

Land to which chapter applies s 182: Ins 2025 (647), Sch 1[2]. Am 2025 (684), Sch 3[8]; 2026 (33), Sch 2[4].

(1) This chapter applies to the whole of the State, other than the following land— (a) bush fire prone land, (b) land identified as a coastal vulnerability area or a coastal wetlands and littoral rainforests area within the meaning of State Environmental Planning Policy (Resilience and Hazards) 2021 , Chapter 2, (c) land that is a local or State heritage item or on which a local or State heritage item is located, (d) land that is identified in an environmental planning instrument as being in a heritage conservation area, (e) the following local government areas— (i) Bathurst Regional, (ii) City of Blue Mountains, (iii) City of Hawkesbury, (iv) Wollondilly, (f) flood prone land in the Georges River Catchment and Hawkesbury-Nepean Catchment under State Environmental Planning Policy (Biodiversity and Conservation) 2021 , Chapter 6, (g) land in a flood planning area in the following local government areas— (i) Armidale Regional, (ii) Ballina, (iii) Bellingen, (iv) Byron, (v) City of Cessnock, (vi) Clarence Valley, (vii) City of Coffs Harbour, (viii) Dungog, (ix) Goulburn Mulwaree, (x) Kempsey, (xi) Kyogle, (xii) City of Lismore, (xiii) City of Maitland, (xiv) Nambucca Valley, (xv) City of Newcastle, (xvi) Port Stephens, (xvii) Queanbeyan-Palerang Regional, (xviii) Richmond Valley, (xix) City of Shoalhaven, (xx) Singleton, (xxi) Tweed, (xxii) Upper Hunter Shire, (xxiii) Walcha, (h) land in an ANEF contour of 25 or greater or ANEC contour of 20 or greater, (i) land within 200m of a relevant pipeline within the meaning of State Environmental Planning Policy (Transport and Infrastructure) 2021 , section 2.77, (j) (k) land within 800m of a public entrance to a railway, metro or light rail station listed in Schedule 12, (l) land identified as an “Accelerated TOD Precinct” on the Accelerated Transport Oriented Development Precincts Rezoning Areas Map .

(2) In this section— ANEC contour has the same meaning as in State Environmental Planning Policy (Precincts—Western Parkland City) 2021 , section 4.17. ANEF contour has the same meaning as in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 . flood planning area has the same meaning as in the Flood Risk Management Manual .

Savings and transitional provisions 1 Definitions In this Schedule— commencement date means 26 November 2021. repealed ARH SEPP means State Environmental Planning Policy (Affordable Rental Housing) 2009 , as in force immediately before its repeal. repealed instrument means an instrument repealed under Chapter 1, section 10. repealed Seniors SEPP means State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 , as in force immediately before its repeal. 2 General savings provision (1) This Policy does not apply to the following matters— (a) a development application made, but not yet determined, on or before the commencement date, (b) a concept development application made, but not yet determined, on or before the commencement date, (c) (d) a development consent granted on or before the commencement date, (da) an application to modify a development consent granted after the commencement date, if it relates to a development application made, but not determined, on or before the commencement date, (e) an environmental impact statement prepared in compliance with an environmental assessment requirement that is— (i) issued by the Planning Secretary on or before the commencement date, and (ii) in force when the statement is prepared, (f) the carrying out of an activity after the commencement date if— (i) notice of the activity has been given to the council under the repealed ARH SEPP, clause 40A(2), and (ii) an approval required under the Act, Part 5 for carrying out the activity is granted by the determining authority before 26 November 2022. (2) The provisions of a repealed instrument, as in force immediately before the repeal of the repealed instrument, continue to apply to a matter referred to in subsection (1). 3 Continued application of site compatibility certificates (1) The repealed Seniors SEPP, clause 25 continues to apply to an application for a site compatibility certificate made, but not determined, before the commencement date. (2) The repealed Seniors SEPP continues to apply to, and this Policy does not apply to, a development application made after the commencement date if— (a) the development application relies on a site compatibility certificate, within the meaning of the repealed Seniors SEPP, and (b) the application for the certificate was made on or before the commencement date. (3) If a development application made after the commencement date relies on a site compatibility certificate issued under the repealed ARH SEPP, clause 37, the site compatibility certificate is taken to be a site compatibility certificate issued under this Policy, Chapter 2, Part 2, Division 5. (4) This Policy, Part 4 applies to development for the purposes of multi dwelling housing, residential flat buildings or shop top housing on land for which a site compatibility certificate has been issued under State Environmental Planning Policy (Affordable Rental Housing) 2009 , clause 37, as in force immediately before its repeal. 4 5 State Environmental Planning Policy Amendment (National Construction Code) 2023 An application for a complying development certificate lodged before 1 May 2023 must be determined as if State Environmental Planning Policy Amendment (National Construction Code) 2023 had not commenced. 5A Development standards for land near Siding Spring Observatory A development application or an application for a complying development certificate that has been made but not finally determined before the commencement of the State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Miscellaneous) 2023 must be determined as if that Policy had not commenced. 6 State Environmental Planning Policy Amendment (Agritourism) 2023 The amendments made to this policy, section 82 by State Environmental Planning Policy Amendment (Agritourism) 2023 apply to a development application made but not finally determined before the commencement of that policy. 7 State Environmental Planning Policy Amendment (Flood Planning) 2023 A development application or an application for a complying development certificate made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced. 8 State Environmental Planning Policy Amendment (Housing) 2023 (1) An amendment made to this policy by the amending policy does not apply to the following— (a) a development application made, but not determined, on or before 14 December 2023, (b) a modification application made, but not determined, on or before 14 December 2023, (c) an environmental impact statement prepared in compliance with environmental assessment requirements that were notified by the Planning Secretary on or before 14 December 2023. (2) An amendment made to this policy by the amending policy does not apply to the carrying out of an activity by the Land and Housing Corporation after 14 December 2023 if— (a) notice of the activity was given to the council under section 30(1)(b)(i), 43(1)(b)(i) or 108C(1)(b)(i), as in force before 14 December 2023, before 14 December 2023, and (b) an approval required under the Act, Part 5 for carrying out the activity is granted by the determining authority before 20 December 2024. (2A) Despite subsections (1) and (2), Chapter 4, as inserted by the amending policy, applies to a matter referred to in those subsections. (3) In this section— amending policy means State Environmental Planning Policy Amendment (Housing) 2023 . 9 State Environmental Planning Policy (Housing) Amendment (Transport Oriented Development) 2024 An amendment made to this policy by State Environmental Planning Policy (Housing) Amendment (Transport Oriented Development) 2024 does not apply to— (a) a development application made, but not determined, on or before 13 May 2024, or (b) a modification application made after 13 May 2024, if it relates to a development consent granted on or before 13 May 2024. 10 Exemptions for Accelerated TOD Precincts (1) Sections 30, 38(2)(a), 43A, 96(2) and 108C do not apply in relation to development on land identified as an “Accelerated TOD Precinct” on the Accelerated Transport Oriented Development Precincts Rezoning Areas Map . (2) Subsection (1) does not apply in relation to— (a) a development application made, but not finally determined, before the commencement of this section, or (b) a development application made on or after 30 November 2027. (3) An amendment made to this policy, section 15C by State Environmental Planning Policy Amendment (Exemptions) 2024 does not apply in relation to a development application made, but not finally determined, before the commencement of the amendment. sch 7A (previously Sch 7): Renumbered 2022 (99), Sch 1[16]. Am 2022 (99), Sch 1[17]–[22]; 2021 (714), Sch 7A sec 4(2) (3); 2022 (348), Sch 1; 2022 (451), Sch 1[8]; 2023 (79), Sch 2[3]; 2023 (83), Sch 2.3[4]; 2023 (458), Sch 3.3[3]; 2023 (609), Sch 2.18[4] [5]; 2023 (664), Sch 1[71]; 2024 (74), Sch 1[1]–[4]; 2024 (135), Sch 1[13]; 2024 (594), Sch 2[3] [4].