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Specialists in NSW Low and Mid-Rise Housing Design

Creating sustainable, compliant, and beautiful living spaces within the NSW Low and Mid-Rise Housing Policy framework

NSW Housing Policy Changes:

New planning rules now support a wider mix of housing types within 800 metres of selected town centres and public transport hubs, including :

  • Dual occupancies (duplexes)

  • Terraces

  • Townhouses

  • Small apartment buildings

  • Shop-top housing (homes above shops)

Want to know if your property is included?

*just keep in mind it’s a guide only. Things like property-specific rules or local walking paths aren’t shown. To be sure, check the official requirements at NSW Legislation.

EXCLUDED

Lands

DUPLEX 

Part 2: Dual occupancies and semi-detached dwellings 

  • You can build duplex or dual occupancies (two dwellings on one lot) or semi detached homes in R2 Low Density Residential zones

  • Landscaping Requirements must consider

Townhouse

Part 3 Attached dwellings, multi dwelling housing and multi dwelling housing (terraces)

  • 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.

  • Landscaping Requirements must consider

Terrace

Part 3 Attached dwellings, multi dwelling housing and multi dwelling housing (terraces)

  • 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.

  • Landscaping Requirements must consider​​

Apartments

Part 4 Residential flat buildings and shop top housing

  • 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.

  • Landscaping Requirements must consider​​

FREQUENTLY ASKED QUESTIONS

General Overview

Q1: What is the aim of Chapter 6?
A: To encourage low and mid-rise housing in areas well-located near goods, services, and public transport (Section 162).

Q2: How is a "low and mid rise housing area" defined?
A: Land within 800m walking distance of:

  • A "Town Centre" (per the Town Centres Map).

  • A public entrance to a railway/metro/light rail station (Schedule 11).

  • A light rail platform (if no public entrance exists) (Section 163).

Q3: What distinguishes inner and outer areas?
A:

  • Inner area: Within 400m of the above points.

  • Outer area: Between 400m–800m (Section 163).

Q4: What is a "strata subdivision"?
A: Subdivision under the Strata Schemes Development Act 2015, including strata plans, consolidation, or subdivision (Section 163).

Applicability & Exclusions

Q5: Where does Chapter 6 apply?
A: Statewide, except for excluded lands listed in Section 164(1), such as:

  • Bushfire-prone land.

  • Coastal vulnerability/wetlands (SEPP Resilience 2021).

  • Heritage items or their land.

  • Specific LGAs (e.g., Bathurst, Blue Mountains).

  • Flood-prone areas (Georges River, Hawkesbury-Nepean).

  • High aviation noise zones (ANEF/ANEC ≥20).

  • Land near pipelines (200m) or deferred TOD areas (Section 164).

Q6: Does Chapter 6 apply to "Accelerated TOD Precincts"?
A: No. These are excluded per the Accelerated TOD Precincts Rezoning Areas Map (Section 164(2)).

Development Standards

Dual Occupancies & Semi-Detached Dwellings (Part 2)

Q7: What zones permit dual occupancies?
A: Zone R2 (Low Density Residential) with development consent (Section 166).

Q8: What landscaping rules apply?
A: Consent authorities must consider the Tree Canopy Guide (2025) for dual occupancies in Zones R1–R4 (Section 167).

Q9: What non-discretionary standards apply to dual occupancies?
A:

  • Minimum lot size: 450m².

  • Minimum lot width: 12m.

  • Parking: 1 space/dwelling (if no existing rule).

  • Max FSR: 0.65:1.

  • Max height: 9.5m (Section 168).

Q10: What subdivision rules apply to dual occupancies?
A: Post-28 Feb 2025 developments must ensure:

  • Each lot has 1 dwelling, ≥225m², ≥6m width, and lawful road access.

  • Battle-axe lots are prohibited (Section 169).

Multi-Dwelling Housing & Terraces (Part 3)

Q11: What zones permit multi-dwelling housing?
A: Zone R2 (Low Density Residential) with consent (Section 170).

Q12: What standards apply to multi-dwelling housing (terraces)?
A:

  • Standard housing:

    • Min lot size: 600m².

    • Parking: 1 space/dwelling.

  • Terraces:

    • Min lot size: 500m², width: 18m.

    • Parking: 0.5 spaces/dwelling.

  • Both: Max FSR 0.7:1, height 9.5m (Section 172).

Q13: What subdivision rules apply to terraces?
A: Post-28 Feb 2025 subdivisions require:

  • Lots with 1 dwelling, ≥165m², 6m width, and road access (Section 173).

Residential Flat Buildings & Shop Top Housing (Part 4)

Q14: What zones permit residential flat buildings?
A: Zones R2 (Low Density) and R3 (Medium Density) with consent (Section 174).

Q15: How do height/storey limits vary by area?
A:

  • Inner area (R3/R4):

    • Flats: 22m (6 storeys).

    • Shop top housing: 24m (6 storeys).

  • Outer area (R3/R4):

    • Both: 17.5m (4 storeys) (Sections 175–176).

Q16: Are lot size exemptions available?
A: Yes, if standards in Section 180(2)/(3) are met (e.g., FSR ≤2.2:1 for inner areas) (Section 178).

Q17: What standards apply to R1/R2 zones?
A:

  • Min lot size: 500m², width: 12m.

  • Parking: 0.5 spaces/dwelling.

  • Max FSR: 0.8:1, height: 9.5m (Section 179).

Q18: What standards apply to R3/R4 zones?
A:

  • Inner area: FSR ≤2.2:1, height ≤22m (flats) or 24m (shop top).

  • Outer area: FSR ≤1.5:1, height ≤17.5m (Section 180).

Key Terms & Compliance

Q19: What is the Tree Canopy Guide?
A: A 2025 document by the Department that must be considered for developments in R3/R4 zones (Sections 167, 171, 177).

Q20: What defines a "flood planning area"?
A: As per the Flood Risk Management Manual (Section 164(3)).

Q21: How are ANEF/ANEC contours defined?
A:

  • ANEF: From SEPP (Exempt & Complying Codes) 2008.

  • ANEC: From SEPP (Western Parkland City) 2021 (Section 164(3)).

Practical Implications

Q22: What steps ensure compliance?
A:

  1. Confirm zoning (R1–R4).

  2. Check exclusion maps (heritage, flood, TOD).

  3. Adhere to non-discretionary standards (lot size, FSR, height).

  4. Review the Tree Canopy Guide for landscaping.

Q23: Are there exemptions for parking requirements?
A: Yes, if another planning instrument specifies parking rules, those override defaults (e.g., 0.5 spaces/dwelling in R1/R2 zones).

This Q&A distills key regulatory points for planners, developers, and residents. Always cross-reference specific sections and consult the latest maps/guides for compliance.

DISCLAIMER

The information provided is intended for general guidance only and does not constitute professional architectural, legal, or planning advice. The content reflects our interpretation of the State Environmental Planning Policy (Housing) 2021 as of March 2025. Planning requirements may differ based on site-specific conditions, location, and project scope. We strongly recommend consulting a qualified professional and reviewing the full legislation at legislation.nsw.gov.au before making any development decisions. SN Architects accepts no responsibility for decisions made based on this information.

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