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).

Q24:  From which point on our site should the 800m walking distance be measured, and to which point within the “Town Centre” area should this measurement be taken?

​A:

The interactive maps are not legislative, so should not be used to make planning decisions. The maps were developed using walking distance software, so actual walking distances may vary from the maps. The maps also do not account for affectations that may exclude a property from the policy (Section 164). Accordingly, Prospective developers are advised to check against the legislation directly to confirm if the policy applies to a specific property.

 

As per Chapter 6 of the State Environmental Planning Policy (Housing) 2021, low and mid rise housing area means land within 800m walking distance of—

(a)  land identified as “Town Centre” on the Town Centres Map, or

(b)  a public entrance to a railway, metro or light rail station listed in Schedule 11, or

(c)  for a light rail station listed in Schedule 11 with no public entrance—a platform of the light rail station.

 

In our view, walking distance should be measured from the edge of the land identified as “Town Centre” on the Town Centres Map or from a public entrance to a railway, metro or light rail station listed in Schedule 11 of the Housing SEPP to the subject site.

 

As per the Housing SEPP Dictionary, walking distance is defined as:

The shortest distance between two points measured along a route that may be safely walked by a pedestrian using, as far as reasonably practicable, public footpaths and pedestrian crossings.

 

You will need to demonstrate how the land meets the low and mid rise housing area definition and walking distance definition as part of a development application. The local council, as the consent authority for local development applications, will look at the proposed walking routes closely and may be able to provide additional information on this matter. Therefore, for sites located near the edge of the 400 metres or 800 metres, it will be necessary for a surveyor to precisely calculate the walking distances as part of a development application.

 

We recommend that you seek independent professional advice if there is any doubt about walking distance or walking routes.

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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.