Changes to this instrument — recently made and commencing amendments, and changes already in force.
A new subsection (3) has been added to section 107. It switches off three of the non-discretionary development standards — the 9.5m building height limit (a), the servicing equipment/11.5m cap rules (b), and the 1:1 floor space ratio cap (c) — for hostels and residential care facilities on land in Zones R3 and R4 that sits within a 'low and mid rise housing area' as defined in Chapter 6. The intent is to let the more generous Chapter 6 low and mid rise housing controls govern building height and density on that land, rather than capping these facilities at the lower hostel/care-facility figures. The communal open space, landscaping, deep soil, parking and other standards in (d)–(j) continue to apply.
Section 108 sets non-discretionary development standards for independent living units—standards a consent authority cannot demand be exceeded if they are met. Two new subsections carve out land in low and mid rise (LMR) housing areas under Chapter 6. New subsection (3) disapplies the 0.5:1 floor space ratio standard (2)(c) on land in Zones R1 and R2 in an LMR housing area. New subsection (4) disapplies the building height (2)(a), rooftop servicing equipment (2)(b) and FSR (2)(c) standards on land in Zones R3 and R4 in an LMR housing area. The effect is to remove these particular Section 108 standards in LMR areas so the Chapter 6 LMR controls govern density and scale instead, avoiding conflicting or duplicative caps.
Section 108AA has been reinserted into the Housing SEPP. It sets a maximum floor space ratio of 0.8:1 as a 'non-discretionary development standard' for independent living units on land in a low and mid rise housing area that is zoned R1 General Residential or R2 Low Density Residential. Because it is a non-discretionary standard under section 4.15(6) of the EP&A Act, a consent authority cannot refuse a DA on the ground that the development fails to comply if it actually meets the 0.8:1 ratio, and cannot impose a more onerous FSR requirement. It gives applicants certainty about the FSR they can rely on for these projects.
This new provision establishes "non-discretionary development standards" (under s 4.15(6) of the EP&A Act) for independent living units on land mapped as a low and mid rise housing area in Zone R3 Medium Density Residential or Zone R4 High Density Residential. In the inner area, the standards are a maximum FSR of 2.2:1 and a maximum height of 24m (where there are commercial premises or health services facilities on the ground floor) or 22m otherwise. In the outer area, the standards are a maximum FSR of 1.5:1 and a maximum height of 17.5m. Because these are non-discretionary standards, where a proposal meets them the consent authority cannot refuse consent on the basis of those standards and cannot require anything more restrictive on those matters.
This adds non-discretionary development standards for hostels and residential care facilities in Medium Density (R3) and High Density (R4) zones that sit within designated low and mid rise housing areas. "Non-discretionary" standards under section 4.15(6) of the EP&A Act mean a consent authority cannot refuse a DA because the development fails to meet a more demanding standard, and cannot impose a more onerous standard, if the proposal complies with these figures. In inner areas the standards are a maximum FSR of 2.2:1 and a maximum height of 24m (where there are commercial premises or health services facilities on the ground floor) or 22m otherwise. In outer areas the standards are a maximum FSR of 1.5:1 and a maximum height of 17.5m. This gives applicants certainty that compliant proposals cannot be knocked back on FSR or height grounds.
This adds clause 11 to Schedule 7A (savings and transitional provisions) of the Housing SEPP. It carves out development applications that were made but not finally determined before the Punchbowl and Wiley Park Transport Oriented Development Precinct amendment commenced — those DAs are assessed under the rules as they stood before that amendment, not the new ones in Schedule 2[2]. It protects applicants who lodged in good faith before the change.
Section 155 sets non-discretionary development standards for Transport Oriented Development Areas. The amendment swaps the term "independent living unit" for the broader "seniors housing" in the 24m maximum building height (subsection 3) and the 2.5:1 maximum floor space ratio (subsection 4(b)). Independent living units are only one form of seniors housing, so the change widens the range of seniors-housing developments that can access the more generous height and floor space standards in TOD Areas.
Section 164 sets out the land where Chapter 6 (Low and Mid Rise Housing) does and does not apply. The old paragraph (f) broadly excluded "flood prone land" in the Georges River and Hawkesbury-Nepean Catchments under the Biodiversity and Conservation SEPP. That has been replaced with two more precise exclusions: new (f) excludes land mapped as "Probable Maximum Flood" in Figure 1-1 of the Hawkesbury-Nepean River Flood Study (May 2024, published 20 June 2024), and new (f1) excludes Georges River Catchment land that is susceptible to the probable maximum flood within six named LGAs (Canterbury-Bankstown, Cumberland, Fairfield, Georges River, Liverpool, Sutherland Shire). A definition of "probable maximum flood" (matching the Flood Risk Management Manual) has been added. The effect is to tie the flood exclusions to specific mapped/study-defined probable maximum flood extents rather than a general "flood prone land" test.
This provision lists the land that is excluded from Chapter 7 (the accelerated transport-oriented development provisions). The old paragraph (f) excluded all "flood prone land" in the Georges River and Hawkesbury-Nepean catchments under the Biodiversity and Conservation SEPP. That broad exclusion has been replaced with two more precise tests: new (f) excludes land mapped as "Probable Maximum Flood" in Figure 1-1 of the Hawkesbury-Nepean River Flood Study (May 2024), and new (f1) excludes Georges River Catchment land that is susceptible to the probable maximum flood within six named LGAs (Canterbury-Bankstown, Cumberland, Fairfield, Georges River, Liverpool and Sutherland Shire). A definition of "probable maximum flood" has been added. The net effect is that the flood exclusion is now tied to specific PMF mapping rather than the wider "flood prone land" category, so some land previously excluded may now fall within the chapter and vice versa.
Clause 19 lists development standards that, if a proposal meets them, prevent the consent authority from imposing more onerous requirements. The amendment deletes the two paragraphs that previously fixed minimum parking ratios — paragraph (e) (rates for affordable-housing dwellings: 0.4/0.5/1 space by bedroom count) and paragraph (f) (rates for non-affordable dwellings: 0.5/1/1.5 spaces). Those parking figures are no longer codified as non-discretionary standards here. The remaining non-discretionary standards (site area, landscaped area, deep soil, solar access, internal/floor areas) are unchanged.
A new mandatory parking requirement has been inserted into the Housing SEPP. Consent cannot be granted under this division unless the consent authority is satisfied the development provides at least the specified number of parking spaces per dwelling, scaled by bedroom count and whether the dwelling is affordable housing. Affordable housing dwellings attract lower ratios (0.4/0.5/1 spaces for 1/2/3+ bedrooms) than market dwellings (0.5/1/1.5 spaces). Alternatively, the consent authority can rely on its consideration of the Transport for NSW Guide to Transport Impact Assessment (4 November 2024) instead of meeting the fixed ratios.
Section 72(3) sets the threshold criteria for consenting to build-to-rent housing under this Part. The wording has been recast so that consent may be granted only where the consent authority is satisfied that the development will result in at least 50 dwellings held under residential tenancy agreements and that all buildings will be located on the same lot. The previous version stated these as flat facts; the new version makes them an explicit matter for the consent authority's satisfaction and uses future-tense language ("will be located" rather than "are located"), reflecting that the assessment occurs before the buildings exist.
A new mandatory consideration has been added for seniors housing applications. Where the land sits in a low and mid rise housing area (as defined in Chapter 6) and is zoned R3 Medium Density Residential or R4 High Density Residential, the consent authority cannot grant consent for seniors housing unless it has considered the Tree Canopy Guide for Low and Mid Rise Housing, published by the Department in February 2025. This embeds tree canopy and urban greening outcomes into the assessment of these higher-density seniors housing proposals.
A new subsection (4A) has been added to clause 84. It clarifies that the height controls in subsection (2)(c) (the 9.5m/11.5m caps and 45-degree setback rules for seniors housing in residential zones where residential flat buildings aren't permitted) do not apply to the extent another chapter of the Housing SEPP or another environmental planning instrument permits a greater maximum building height for seniors housing on the site. This resolves conflicts between this clause's default height cap and more generous height limits set elsewhere, allowing the higher permitted height to govern.
The minimum parking rates that previously sat in section 19 as non-discretionary development standards (paragraphs (e) and (f)) have been deleted from that section and re-enacted in a new section 22A. The numerical rates themselves are unchanged — 0.4/0.5/1 spaces for affordable dwellings and 0.5/1/1.5 spaces for non-affordable dwellings by bedroom count. The important change is the legal mechanism: parking is no longer a non-discretionary standard (which barred a consent authority from imposing anything more onerous if it was met). Under s 22A, consent cannot be granted unless the consent authority is satisfied the development meets those parking rates, OR the authority has considered the Guide to Transport Impact Assessment published by Transport for NSW on 4 November 2024. This gives a flexible alternative pathway based on transport assessment rather than fixed minimums.
This Division governs seniors housing carried out by relevant authorities (such as Landcom, the Land and Housing Corporation and the Aboriginal Housing Office). The only difference in this version is the deletion of the empty stub for clause 108AA, which had already been repealed in 2023. All the substantive provisions — when development can proceed without consent (108B), notification requirements (108C, 108CA), the design guides that must be considered (108CB), exempt landscaping/gardening (108D) and the prohibition on subdividing seniors housing (108E) — remain exactly as before.
Section 164 lists land where the low and mid rise housing provisions do not apply. The old exclusion (f) excluded all "flood prone land" in the Georges River and Hawkesbury-Nepean catchments under the Biodiversity and Conservation SEPP Chapter 6. That has been replaced by two more targeted exclusions: (f) land mapped as "Probable Maximum Flood" in Figure 1-1 of the Hawkesbury-Nepean River Flood Study (May 2024, published 20 June 2024), and (f1) land in the Georges River Catchment that is susceptible to the probable maximum flood and sits in one of six named LGAs (Canterbury-Bankstown, Cumberland, Fairfield, Georges River, Liverpool, Sutherland Shire). A definition of "probable maximum flood" (per the Flood Risk Management Manual) has been added. The effect is to define the flood exclusion by reference to specific PMF mapping and a defined list of councils rather than a broad "flood prone" category.
Schedule 7A gains a new item 11 dealing with the State Environmental Planning Policy Amendment (Punchbowl and Wiley Park Transport Oriented Development Precinct) 2026. It provides that the change made by Schedule 2[2] of that amending policy does not apply to a development application that was made but not finally determined before the amendment commenced. This is a standard savings/grandfathering provision that protects in-flight applications from being caught by the new Punchbowl and Wiley Park TOD controls.
Section 108B lets a relevant authority carry out certain seniors housing without development consent, including up to 11.5m where roof servicing equipment pushes the building above 9.5m, provided that equipment complies with a referenced standard. The amendment swaps the citation for that standard from section 84(3) to section 84(2)(c)(ii). This is a reference correction pointing to the right provision governing servicing equipment; the substantive thresholds (9.5m/11.5m height, 40-dwelling cap) are unchanged.
Section 12A caps the combined floor space ratio bonus where a development relies on more than one affordable/seniors/co-living/boarding house FSR incentive, limiting the total to 130% of the otherwise permissible FSR. The only change is in the definition of "relevant provision" in subsection (3): the cross-reference to the seniors housing FSR bonus has been updated from section 87(2)(b) to section 87(2)(a). This is a consequential cross-reference correction tracking the location of the seniors housing additional FSR provision; the 130% cap mechanism itself is unchanged.
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