NSW STATE PLANNING
LOW AND MID RISE HOUSING POLICY
Between December 2023 and February 2024, the State Government advertised Low and Mid-Rise Housing reforms which proposed to allow 2-6 storey apartment buildings in R3(Medium density) zones and R2 (Low Density) zones within 800metres of designated railway stations and centres. The State Low and Midrise Housing Policy came into force on 28/02/2025.
DESIGNATED LOW AND MID-RISE HOUSING AREAS IN SUTHERLAND SHIRE
The 800 metre boundaries are measured from the nearest edge of town centres or railway station entrances:
Miranda station and town centre, Sutherland station and town centre, Kirrawee station and town centre, Caringbah station and town centre, Cronulla station and town centre, Engadine town centre, Gymea station and Wooloware station, Menai Marketplace shopping centre and Southgate shopping centre.
The map on the DPHI website shows indicative boundary lines. Council will refine the location of the boundaries in order to prevent boundary lines running through the middle of properties in residential streets.
To view the areas and their boundaries, go to Low and Mid-Rise Housing Policy on the Department of Planning, Housing and Infrastructure (DPHI) website, click on “View map”, then type an address into the search bar.
THE POLICY WILL OVERRIDE COUNCIL'S OWN PLANNING CONTROLS
NON REFUSAL STANDARDS – IF DEVELOPMENT APPLICATIONS COMPLY WITH THE FOLLOWING STATE GOVERNMENT STANDARDS THEY CAN’T BE REFUSED BY COUNCIL ON THE GROUNDS THAT THEY DON’T COMPLY WITH COUNCIL’S OWN LOCAL ENVIRONMENTAL PLAN (LEP) OR DEVELOPMENT CONTROL PLAN (DCP) STANDARDS.
If developers provide 15% of floor space in apartment buildings as Affordable Rental Housing under the State Affordable Rental housing Policy (ARH), they receive a bonus 30% increase in building height and floor space. With the bonuses, apartment buildings could be 7-8 storeys high. After 15 years the ARH apartments can be sold or rented at full market rates.
The R3 zone is a medium density/townhouse zone. There is no way that apartment buildings of 7-8 storeys could be regarded as medium density.
If apartment buildings up to 8 storeys are built next to townhouses and dual occupancies, the adverse impacts on the lower scale development would be severe: overlooking, loss of privacy and amenity, overshadowing, visual intrusion and noise.
Lot sizes are much smaller than required ubder Sutherland Shire Local Environment Plan 2015 (LEP2015). In the R3 zone 0-800 metres from centres or stations, there is no minimum lot size.
RESIDENTIAL FLAT BUILDINGS ALLOWED IN R3 (MEDIUM DENSITY) AND R4 (RESIDENTIAL FLAT) ZONES
O-400 METRES FROM STATION/CENTRE
Floor space ratio (FSR): maximum 2.2:1
Building height: maximum 22 metres/6 storeys
No minimum lot size or lot width
400-800 METRES FROM STATION/CENTRE
Floor space ratio: maximum 1.5:1
Building height: maximum 17.5 metres/4 storeys
No minimum lot size or lot width
RESIDENTIAL FLAT BUILDINGS ALLOWED IN R2 (LOW DENSITY ZONE) WITHIN 800 METRES OF STATION/CENTRE
3 OR MORE APARTMENTS ALLOWED IN A 2 STOREY BUILDING
Lot size: minimum 500 square metres
Lot width: minimum 12 metres
Floor space ratio: maximum 0.8:1
Building height: maximum 9.5 metres
Car parking: 0.5 spaces per dwelling
MULTI-DWELLING HOUSING (MEDIUM DENSITY/TOWNHOUSES) 3 OR MORE DWELLINGS ON ONE LOT
ALLOWED IN R2 (LOW DENSITY ZONE, R3 (MEDIUM DENSITY ZONE) AND R4 (RESIDENTIAL FLAT ZONE)
Lot size: minimum 600 square metres
Lot width: 12 metres
Floor space ratio: 0.7:1
Building height: maximum 9.5 metres
Car parking: 1 space per dwelling
MULTI DWELLING HOUSING (TERRACES) 3 OR MORE DWELLINGS ON ONE LOT
ALLOWED IN R2, R3 AND R4 ZONES
Lot size: minimum 500 square metres
Lot width: minimum 18 metres
Floor space ratio: 0.7:1
Car parking: 0.5 spaces per dwelling
Subdivision allowed in R2 and R3 only: minimum 225 square metres per lot/ 6 metre lot width
DUAL OCCUPANCIES – ALLOWED IN R2, R3 AND R4 ZONES
Lot size: minimum 450 square metres
Lot width: 12 metres
Floor space ratio: 0.65:1
Building height : 9.5 metres
Car parking: 1 space per dwelling
The higher floor space ratios and small lot sizes allowed under the state policy will result in fewer trees being able to be planted on development sites, contributing to the continuing loss of tree canopy in the Shire.
The state policy offers no solution for the increased demand on infrastructure: water, sewerage, electricity, schools, open space, community and sporting facilities.
Reduced car parking rates will result in more cars being parked in streets. Sutherland Shire residents need cars because schools, sport, employment and shopping are not concentrated along the train lines.
Bus services are infrequent and unreliable and don’t go everywhere people want to go. Cars are needed for the full range of activities that people undertake.
Housing State Environmental Planning Policy (SEPP)
The housing SEPP introduces 2 new types of housing – co-living housing and independent living units. The SEPP updates the planning rules for social and affordable housing, boarding houses, build to rent housing and seniors housing. All these types of housing can be built in the Sutherland Shire.
-Boarding Houses and Co-Living are similar in built form and operation. Room sizes are the same – 12square metres for a single room and 16 square metres for a double room with a maximum of 25 square metres, excluding kitchen and bathrooms. The minimum stay for each is 3months to ensure they are not used as short term accommodation. Both must have a site manager or one who is contactable 24/7. Co-living housing receives a floor space bonus of 10%, can be built and managed by private developers and can charge market rents.
Co-living is required to provide larger indoor and outdoor communal spaces than boarding houses to encourage a sense of community. It is intended as accommodation for key workers.
-Boarding Houses receive a larger floor space bonus 20% than co-living housing as the government wants to encourage more affordable housing. Boarding houses receive a 25% floor space bonus if located in a zone where residential flat buildings are permitted and located near public transport. Boarding houses must be used for affordable housing in perpetuity and must be run by a registered community housing provider. 0.2 parking spaces per room is required if the location is in an accessible area within 800metres of a transport hub such as a station. 0.5 spaces are required elsewhere. Boarding houses are limited to 12 rooms in R2 Low Density zone and are no longer mandatory in the Low Density zone.
-Build to Rent Housing is a large scale, purpose built rental housing in single ownership in residential flat zones or around large centres. Buildings must contain at least 50 dwellings and be managed by a single entity. The building can’t be subdivided into separate dwellings or rented or sold in the private market for 15 years. If the building is in a B3 Centre zone (e.g. Miranda Centre) it can never be subdivided. Eligible buildings receive a 50% reduction in land value for the purpose of calculating tax.
-Affordable Housing is intended for very low, low and moderate income households including key workers, who may not be able to afford to live in the area. Affordable rental housingcan be owned by private entities and investors, councils, charities or registered Community Housing Providers. Residents pay no more than 30% of their gross income in rent. Floor space bonuses are available if at least 20% of the gross floor area of the building will be used for affordable housing. Affordable housing dwellings built by private developers must be managed by a community housing provider for 15years, after which dwellings can be sold or rented on the open market. Affordable Housing built by community housing providers must remain Affordable Housing in Perpetuity.
-Social Housing The Land and Housing Corporation (LAHC) will be allowed to self-assess some Boarding House proposals if used for affordable housing.
-Seniors Housing To encourage seniors housing developments in high density areas, the State Government is offering incentives of bonus floor space between 15-25%.
The State Government is currently considering further incentives to increase the supply of affordable and social housing.
For further details see Housing SEPP - NSW Department of Planningor NSW Department of Planning and Environment www.planning.nsw.gov.au-FAQs-Policy and Legislation-Housing-State Environmental Planning Policy (Housing) 2021
Low Rise Housing Diversity Code (Dual Occupancies, Terraces and Manor Houses)
-The Code came into force on 1 JULY 2020.
-The Code allows some types of medium density housing to be assessed as "Complying Development" - a fast track approval system with no requirements for a development application, no notification of neighbours and no right of community objection.
-The code proposes that dual occupancies, terraces and “manor houses” – 2 storey residential flat buildings with 3 or 4 dwellings on one lot, be assessed as Complying Development. Complying Development is a fast track planning and approval system.
-The Code contains set standards for building height, site coverage and landscaping. If the proposed developments comply with these standards and each dwelling has a street frontage, they can be approved by a private certifier within 20 days with no requirement for a development application, no notification of neighbours and no right for community to object.
-The Code would override Council’s LEP ( Local Environmental Plan) and DCP (Draft Control Plan) standards. It allows significantly greater densities and significantly less landscaped area than the standards in LEP 2015 and DCP 2015. It will result in development that leaves little space for landscaping and canopy trees. It will increase adverse impacts on neighbours.
-Council considers that imposition of the code is not warranted as LEP 2015 has delivered a strong supply of medium density housing across the Shire.
Council is particularly concerned about the potential impact on the low density zones.
-A Council LEP amendment to require minimum lot sizes of 600 square metres for dual occupancies and 1200 square metres for town houses in the R2 Low Density zone and a minimum lot size of 700 square metres for dual occupancies in the R4 Environmental Living Zone came into effect in February 2019.
-Despite the amendment it will still be possible to build dual occupancies on 19,124 lots in the R2 and E4 Zones.
SOUTH DISTRICT PLAN
The Greater Sydney Region Plan and 5District Plans are now in force.
The South District includes Canterbury-Bankstown, Georges River and Sutherland Shire council areas.
Miranda and Sutherland designated as strategic centres.
LEP 2015 allows for more than double the 10,100 new dwellings that the State Government requested.
Miranda and Sutherland have been nominated as areas with potential for more high density development.
Click here to view South District Plan which includes the Sutherland Shire.
The draft SOUTH DISTRICT PLAN MAY AlSO BE VIEWED via Greater Sydney Commission
websitewww.greater.sydney
COUNCILLORS STRIPPED OF POWER TO VOTE ON DEVELOPMENT APPLICATIONS
In August and September 2017, the NSW State Government introduced new rules for the determination of development applications. The changes are mandatory for all councils in Sydney and Wollongong and are intended to combat the risk of corruption.
The State Government has stripped councillors in Sydney and Wollongong of the power to consider and vote on development applications. Development applications under 5 million dollars will be determined by council staff.
The following types of development applications will be determined by Local Planning Panels.
See council page for more details on how developments will be determined