State Environmental Planning Policy (Housing) 2021 (NSW)
Community Housing Providers (Adoption of National Law) Amendment Act 2025 No 49 (not commenced)
Schedule 8 of this Policy as originally notified instructed certain provisions of State Environmental Planning Policy No 36—Manufactured Home Estates to be transferred to this Policy as Chapter 3, Part 7. As indicated by the Part heading inserted in this Policy when it was originally notified, the provisions have been inserted into this Policy as Chapter 3, Part 8.
Schedule 8 of this Policy as originally notified instructed certain provisions of State Environmental Planning Policy No 21—Caravan Parks to be transferred to this Policy as Chapter 3, Part 8. As indicated by the Part heading inserted in this Policy when it was originally notified, the provisions have been inserted into this Policy as Chapter 3, Part 9.
This Policy is State Environmental Planning Policy (Housing) 2021.
This Policy commences on the day on which it is published on the NSW legislation website.
The principles of this Policy are as follows—
(a) enabling the development of diverse housing types, including purpose-built rental housing,
(b) encouraging the development of housing that will meet the needs of more vulnerable members of the community, including very low to moderate income households, seniors and people with a disability,
(c) ensuring new housing development provides residents with a reasonable level of amenity,
(d) promoting the planning and delivery of housing in locations where it will make good use of existing and planned infrastructure and services,
(e) minimising adverse climate and environmental impacts of new housing development,
(f) reinforcing the importance of designing housing in a way that reflects and enhances its locality,
(g) supporting short-term rental accommodation as a home-sharing activity and contributor to local economies, while managing the social and environmental impacts from this use,
(h) mitigating the loss of existing affordable rental housing.
The Dictionary in Schedule 10 defines words used in this Policy.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Policy.
Unless otherwise defined in this Policy, words used in this Policy, other than in Schedule 1 or 2, have the same meaning as in the standard instrument.
A reference in this Policy to a business zone is taken, on and from 26 April 2023, to include a reference to Zones E1, E2, E3, MU1 and SP5.
A reference in this Policy to an equivalent land use zone is a reference to a land use zone under a non-standard instrument that—
(a) the Planning Secretary has determined under the Codes SEPP, section 1.6 is a land use zone in which equivalent land uses are permitted to the land uses permitted in a named land use zone, or
(b) if no determination has been made for the zone—is a land use zone in which, in the opinion of the relevant public authority, equivalent land uses are permitted to the land uses permitted in a named land use zone.
For the purposes of subsection (1)(b)—
(a) the opinion of the relevant public authority applies only in relation to the development proposed to be carried out, and
(b) more than 1 opinion may be formed in relation to the same land use zone.
If a non-standard instrument and a draft standard instrument applies to land, a reference in this Policy to a lot or land in an equivalent land use zone is a reference to the lot or land in the named land use zone in the draft standard instrument.
In this section—
(a) in the form referred to in the Act, section 3.20(2), and
(b) in relation to which the community participation requirements referred to in the Act, Schedule 1, clause 4 have been met.
(a) the public authority proposing to carry out the development, or on whose behalf the development is proposed to be carried out, or
(b) if the development is to be carried out by or on behalf of a person other than a public authority—the consent authority.
In this Policy, development permitted without consent may be carried out without another consent or a licence, permission, approval or authorisation otherwise required under another environmental planning instrument.
Development permitted without consent may be subject to environmental assessment and approval requirements in the Act, Part 5.
This Policy applies to the State.
Unless otherwise specified in this Policy, if there is an inconsistency between this Policy and another environmental planning instrument, whether made before or after the commencement of this Policy, this Policy prevails to the extent of the inconsistency.
State Environmental Planning Policy (Sustainable Buildings) 2022, Chapter 2 prevails over this policy, Chapter 4, to the extent of an inconsistency.
For the purposes of enabling development to be carried out in accordance with this Policy or with a development consent granted under the Act, an agreement, a covenant or another similar instrument that restricts the carrying out of the development does not apply to the extent necessary to serve that purpose.
Subsection (1) does not apply to—
(a) a covenant imposed by a council or that the council requires to be imposed, or
(b) a biodiversity certification conferred under the Biodiversity Conservation Act 2016, Part 8, or
(c) a private land conservation agreement within the meaning of the Biodiversity Conservation Act 2016, or
(d) a relevant instrument within the meaning of the Crown Land Management Act 2016, section 13.4, or
(e) the relevant provisions of a land management (native vegetation) code, and the necessary mandatory code compliant certificate, for a set aside area under the Local Land Services Act 2013, Part 5A, or
(f) a conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(g) a property vegetation plan within the meaning of the Native Vegetation Act 2003 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or
(h) a Trust agreement within the meaning of the Nature Conservation Trust Act 2001 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or
(i) a planning agreement, or
(j) a covenant in favour of Sydney Water Corporation or a water supply authority listed in the Water Management Act 2000, Schedule 3.
This section does not affect the rights or interests of a public authority under a registered instrument.
Before this Policy was made, the Governor approved this section under the Act, section 3.16.
The following environmental planning instruments are repealed—
(a) State Environmental Planning Policy (Affordable Rental Housing) 2009,
(b) State Environmental Planning Policy No 70—Affordable Housing (Revised Schemes).
The following environmental planning instruments, as amended by Schedule 8, are repealed—
(a) State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004,
(b) State Environmental Planning Policy No 21—Caravan Parks,
(c) State Environmental Planning Policy No 36—Manufactured Home Estates.
A reference in this Policy to a named map adopted by this Policy is a reference to a map by that name—
(a) approved by the Minister when the map is adopted, and
(b) as amended or replaced from time to time by maps—
(i) declared by environmental planning instruments to amend or replace the map, and
(ii) approved by the persons making the instruments when the instruments are made.
Two or more named maps may be combined into a single map and a reference in this Policy to the named map is a reference to the relevant part or aspect of the single map.
The maps adopted by this Policy must be kept in electronic form and made available for public access in accordance with arrangements approved by the Minister.
The Interpretation Act 1987, section 30A is taken to apply to the following provisions transferred to this Policy on the commencement of this Policy in the same way as it applies to provisions transferred from a statutory rule to another statutory rule—
(a) Chapter 3, Parts 8 and 9,
(b) Schedules 4, 5, 6 and 7.
The Interpretation Act 1987, section 30A provides—
(a) the transfer of a provision does not affect the operation or meaning of the provision, and
(b) a transferred provision is to be construed as if it had not been transferred.
This section applies to development involving more than one of the following—
(a) development for the purposes of in-fill affordable housing under Chapter 2, Part 2, Division 1,
(b) development for the purposes of boarding houses under Chapter 2, Part 2, Division 2,
(c) development for the purposes of co-living housing under Chapter 3, Part 3,
(d) development for the purposes of seniors housing under Chapter 3, Part 5.
If the development proposes to use the additional floor space ratio permitted under more than one relevant provision, the maximum floor space ratio must not exceed 130% of the maximum permissible floor space ratio for the development on the land.
In this section—
Development to which this chapter, Part 2, Division 1, 5 or 6 applies may also be residential apartment development under Chapter 4.
See section 144(6).
In this Policy, a household is taken to be a very low income household, low income household or moderate income household if—
(a) the household—
(i) has a gross income within the following ranges of percentages of the median household income for Greater Sydney or the Rest of NSW—
(A) very low income household—less than 50%,
(B) low income household—50–less than 80%,
(C) moderate income household—80–120%, and
(ii) pays no more than 30% of the gross income in rent, or
(b) the household—
(i) is eligible to occupy rental accommodation under the National Rental Affordability Scheme, and
(ii) pays no more rent than the rent that would be charged if the household were to occupy rental accommodation under the Scheme.
In this section—
This Policy identifies that there is a need for affordable housing within each area of the State.
Before imposing a condition under the Act, section 7.32, the consent authority must consider the following—
(a) affordable housing must aim to create mixed and balanced communities,
(b) affordable housing must be created and managed so that a socially diverse residential population, representative of all income groups, is developed and maintained in a locality,
(c) affordable housing must be made available to very low, low and moderate income households, or a combination of the households,
(d) affordable housing must be rented to appropriately qualified tenants and at an appropriate rate of gross household income,
(e) land provided for affordable housing must be used for the purposes of the provision of affordable housing,
(f) buildings provided for affordable housing must be managed to maintain their continued use for affordable housing,
(g) affordable housing must consist of dwellings constructed to a standard that, in the opinion of the consent authority, is consistent with other dwellings in the area.
The objective of this division is to facilitate the delivery of new in-fill affordable housing to meet the needs of very low, low and moderate income households.
In this division—
(a) attached dwellings,
(b) dual occupancies,
(c) dwelling houses,
(d) manor houses,
(e) multi dwelling housing,
(f) multi dwelling housing (terraces),
(g) residential flat buildings,
(h) semi-detached dwellings,
(i) shop top housing.
In this division, residential development carried out by or on behalf of the Aboriginal Housing Office or the Land and Housing Corporation is taken to be used for the purposes of affordable housing.
This division applies to development that includes residential development if—
(a) the development is permitted with consent under Chapter 3, Part 4, Chapter 5, Chapter 6 or another environmental planning instrument, and
(b) the affordable housing component is at least 10%, and
(c) all or part of the development is carried out—
(i) for development on land in the Six Cities Region, other than in the City of Shoalhaven or Port Stephens local government area—in an accessible area, or
(ii) for development on other land—within 800m walking distance of land in a relevant zone or an equivalent land use zone.
Affordable housing provided as part of 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 component under this division.
This division does not apply to development—
(a) on land identified as an “Accelerated TOD Precinct” on the Accelerated Transport Oriented Development Precincts Rezoning Areas Map, or
(b) on land identified as the “Warrawong Site” on the State Significant Development Sites Map, within the meaning of State Environmental Planning Policy (Planning Systems) 2021, Chapter 2, or
(c) on land identified as the “Kanwal Site” on the State Significant Development Sites Map, within the meaning of State Environmental Planning Policy (Planning Systems) 2021, Chapter 2, or
(d) carried out under the Codes SEPP, Parts 3B and 3BA, unless it is being carried out by or on behalf of the New South Wales Land and Housing Corporation constituted by the Housing Act 2001.
In this section—
(a) Zone E1 Local Centre,
(a1) Zone E2 Commercial Centre,
(b) Zone MU1 Mixed Use,
(c) Zone B1 Neighbourhood Centre,
(d) Zone B2 Local Centre,
(e) Zone B4 Mixed Use.
The maximum floor space ratio for development that includes residential development to which this division applies is the maximum permissible floor space ratio for the development on the land plus an additional floor space ratio of up to 30%, based on the minimum affordable housing component calculated in accordance with subsection (2).
The minimum affordable housing component, which must be at least 10%, is calculated as follows—
If the development includes residential flat buildings or shop top housing, the maximum building height for a building used for residential flat buildings or shop top housing is the maximum permissible building height for the development on the land plus an additional building height that is the same percentage as the additional floor space ratio permitted under subsection (1).
Development that is eligible for 20% additional floor space ratio because the development includes a 10% affordable housing component, as calculated under subsection (2), is also eligible for 20% additional building height if the development involves residential flat buildings or shop top housing.
This section does not apply to development on land for which there is no maximum permissible floor space ratio.
This section applies to residential development to which this division applies that is carried out—
(a) by or on behalf of a relevant authority or registered community housing provider, and
(b) on land with a maximum permissible floor space ratio of 2:1 or less.
The maximum floor space ratio for the development is—
(a) the maximum floor space ratio calculated in accordance with section 16, or
(b) the maximum floor space ratio calculated in accordance with subsection (3).
The maximum floor space ratio for subsection (2)(b) is the maximum permissible floor space ratio for the development on the land plus an additional floor space ratio of—
(a) if the affordable housing component is at least 50%—0.5:1, or
(b) if the affordable housing component is between 20% and 50%—Y:1,
where—
AH is the affordable housing component.Y is.
If development to which this section applies uses the maximum floor space ratio under subsection (2)(a), section 16(3) also applies to the development.
This section applies to development that includes residential development to which this division applies if the development—
(a) includes residential flat buildings or shop top housing, and
(b) does not use the additional floor space ratio permitted under section 16.
The maximum building height for a building used for residential flat buildings or shop top housing is the maximum permissible building height for the development on the land plus an additional building height of up to 30%, based on a minimum affordable housing component calculated in accordance with subsection (3).
The minimum affordable housing component, which must be at least 10%, is calculated as follows—
The object of this section is to identify development standards for particular matters relating to residential development under this division that, if complied with, prevent the consent authority from requiring more onerous standards for the matters.
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.
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 12m2 for each bedroom in addition to 3 bedrooms.
Subsection (2)(c) and (d) do not apply to development to which Chapter 4 applies.
Development consent must not be granted to development for the purposes of dual occupancies, manor houses or multi dwelling housing (terraces) under this division unless the consent authority has considered the Low Rise Housing Diversity Design Guide, to the extent to which the guide is not inconsistent with this policy.
Subsection (1) does not apply to development to which Chapter 4 applies.
Development consent must not be granted to development under this division unless the consent authority has considered whether the design of the residential development is compatible with—
(a) the desirable elements of the character of the local area, or
(b) for precincts undergoing transition—the desired future character of the precinct.
Development consent must not be granted to development under this division unless the consent authority is satisfied that for a period of at least 15 years commencing on the day an occupation certificate is issued for the development—
(a) the development will include the affordable housing component required for the development under section 16, 17 or 18, and
(b) the affordable housing component will be managed by a registered community housing provider.
This section does not apply to development carried out by or on behalf of the Aboriginal Housing Office or the Land and Housing Corporation.
Land on which development has been carried out under this division may be subdivided with development consent.
Development for the purposes of boarding houses may be carried out with consent on land on which development for the purposes of boarding houses is permitted with consent under another environmental planning instrument.
Development for the purposes of a boarding house must not be carried out on land in Zone R2 Low Density Residential or an equivalent land use zone unless—
(a) for land in the Eastern Harbour City, Central River City, Western Parkland City or Central Coast City—the land is within an accessible area, or
(b) otherwise—all or part of the boarding house is within 800m walking distance of land in Zone E1 Local Centre, Zone MU1 Mixed Use, Zone B1 Neighbourhood Centre, Zone B2 Local Centre or Zone B4 Mixed Use, or an equivalent land use zone.
The object of this section is to identify development standards for particular matters relating to development for the purposes of boarding houses that, if complied with, prevent the consent authority from requiring more onerous standards for the matters.
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.
The following are non-discretionary development standards in relation to the carrying out of development to which this Division applies—
(a) for development in a zone in which residential flat buildings or shop top housing are permitted—a floor space ratio that is not more than—
(i) the maximum permissible floor space ratio for residential accommodation on the land, and
(ii) an additional 30% of the maximum permissible floor space ratio if the additional floor space is used only for the purposes of the boarding house,
(b) if paragraph (a) does not apply—a floor space ratio that is not more than the maximum permissible floor space ratio for residential accommodation on the land,
(c) for development on land in Zone R2 Low Density Residential or Zone R3 Medium Density Residential—the minimum landscaping requirements for multi dwelling housing under a relevant planning instrument,
(d) for development on land in Zone R4 High Density Residential—the minimum landscaping requirements for residential flat buildings under a relevant planning instrument,
(e) at least 3 hours of direct solar access provided between 9am and 3pm at mid-winter in at least 1 communal living area,
(f) for a boarding house containing 6 boarding rooms—
(i) a total of at least 30m
2 of communal living area, and(ii) minimum dimensions of 3m for each communal living area,
(g) for a boarding house containing more than 6 boarding rooms—
(i) a total of at least 30m
2 of communal living area plus at least a further 2m2 for each boarding room in excess of 6 boarding rooms, and(ii) minimum dimensions of 3m for each communal living area,
(h) communal open spaces—
(i) with a total area of at least 20% of the site area, and
(ii) each with minimum dimensions of 3m,
(i) if a relevant planning instrument does not specify a requirement for a lower number of parking spaces—at least the following number of parking spaces—
(i) for development on land within an accessible area—0.2 parking spaces for each boarding room,
(ii) otherwise—0.5 parking spaces for each boarding room,
(j) if a relevant planning instrument specifies a requirement for a lower number of parking spaces—the lower number specified in the relevant planning instrument.
Development consent must not be granted under this Division unless the consent authority is satisfied that—
(a) no boarding room will have a gross floor area, excluding an area, if any, used for the purposes of private kitchen or bathroom facilities, of more than 25m
2 , and(b) no boarding room will be occupied by more than 2 adult residents, and
(c) adequate bathroom, kitchen and laundry facilities will be available within the boarding house for the use of each resident, and
(d) for a boarding house on land in Zone R2 Low Density Residential or an equivalent land use zone—the boarding house will not have more than 12 boarding rooms, and
(e) for a boarding house on land in a business zone—no part of the ground floor of the boarding house that fronts a street will be used for residential purposes unless another environmental planning instrument permits the use, and
(f) for a boarding house containing at least 6 boarding rooms—the boarding house will have at least 1 communal living area, and
(g) the minimum lot size for the boarding house is not less than—
(i) for development on land in Zone R2 Low Density Residential—600m
2 , or(ii) for development on other land—800m
2 .(iii) (Repealed)
(h) each boarding room has a floor area, excluding an area, if any, used for the purposes of private kitchen or bathroom facilities, of at least the following—
(i) for a boarding room intended to be used by a single resident—12m
2 ,(ii) otherwise—16m
2 , and
(i) the boarding house will include adequate bicycle and motorcycle parking spaces.
Development consent must not be granted under this Division unless the consent authority considers whether—
(a) the design of the boarding house will be compatible with—
(i) the desirable elements of the character of the local area, or
(ii) for precincts undergoing transition—the desired future character of the precinct, and
(b) the front, side and rear setbacks for the boarding house are not less than—
(i) for development on land in Zone R2 Low Density Residential or Zone R3 Medium Density Residential—the minimum setback requirements for multi dwelling housing under a relevant planning instrument,
(ii) for development on land in Zone R4 High Density Residential—the minimum setback requirements for residential flat buildings under a relevant planning instrument,
(c) if the boarding house has at least 3 storeys—the building will comply with the minimum building separation distances specified in the Apartment Design Guide.
(d), (e) (Repealed)
This section does not apply to development for the purposes of minor alterations or additions to an existing boarding house.
In this section, a storey does not include a storey used for car parking that is below ground level (existing), or less than 1.2m above ground level (existing).
Development consent must not be granted under this Division unless the consent authority is satisfied that from the date of the issue of the occupation certificate and continuing in perpetuity—
(a) the boarding house will be used for affordable housing, and
(b) the boarding house will be managed by a registered community housing provider.
Subsection (1) does not apply to development carried out by or on behalf of the Aboriginal Housing Office or the Land and Housing Corporation.
Development consent must not be granted for the subdivision of a boarding house.
This Division applies to development for the purposes of boarding houses on land—
(a) on which development for the purposes of boarding houses is permitted with consent under another environmental planning instrument, or
(b) in Zone R2 Low Density Residential or an equivalent land use zone.
This Division does not apply to development for the purposes of boarding houses on land in Zone R2 Low Density Residential or an equivalent land use zone unless—
(a) for land in the Eastern Harbour City, Central River City, Western Parkland City or Central Coast City—the land is within an accessible area, or
(b) otherwise—all or part of the boarding house is within 800m walking distance of land in Zone E1 Local Centre, Zone MU1 Mixed Use, Zone B1 Neighbourhood Centre, Zone B2 Local Centre or Zone B4 Mixed Use, or an equivalent land use zone.
Development to which this Division applies may be carried out by or on behalf of a relevant authority without development consent if—
(a) the development complies with the development standards specified in sections 24(2) and 25(1), and
(b) the relevant authority considers the matters set out in section 25 (2), and
(c) the development will not result in a building with a height of more than 9m, and
(d) for development on land in Zone R2 Low Density Residential or an equivalent land use zone—the boarding house will not have more than 12 boarding rooms.
State Environmental Planning Policy (Transport and Infrastructure) 2021, sections 2.15 and 2.17 apply to the development and, in the application of the sections—
(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.
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.
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.
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 boarding house 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.
Before carrying out development under this division, the Aboriginal Housing Office must consider the AHO Design Guidelines NSW, published by the Aboriginal Housing Office in January 2020.
Before carrying out development under this division, 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.
Before carrying out development under this division, Landcom must consider the Landcom Affordable Housing Design Guideline, published by Landcom, in partnership with the Government Architect NSW, in November 2023.
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 a boarding house.
Development consent must not be granted for the subdivision of a boarding house.
This Division applies to land on which—
(a) development for the purposes of boarding houses is permissible under another environmental planning instrument, or
(b) development for the purposes of residential flat buildings is permissible under Chapter 5, Chapter 6 or another environmental planning instrument.
This Division applies to development for the purposes of supportive accommodation on land to which this Division applies.
In this section—
(a) to provide accommodation, in a separate dwelling or boarding room, for a person who needs supervision and support services on-site, and
Example— A former homeless person.
(b) to provide the supervision and support services, including the following—
(i) medical services,
(ii) counselling services,
(iii) education and training services,
(iv) administrative services.
Development to which this Division applies is permitted without consent if the development does not involve the erection or alteration of, or an addition to, a building.
This Division applies to the following land—
(a) land in the Eastern Harbour City, Central River City, Western Parkland City or Central Coast City within 800m of—
(i) a public entrance to a railway station or light rail station, or
(ii) for a light rail station with no entrance—a platform of the light rail station,
(b) land in the following towns within 400m of land in Zone E2 Commercial Centre, Zone MU1 Mixed Use, Zone B3 Commercial Core or Zone B4 Mixed Use, or an equivalent land use zone—
• Albury, Ballina, Batemans Bay, Bathurst, Bega, Bowral, Cessnock, Charlestown, Coffs Harbour, Dapto, Dubbo, Glendale–Cardiff, Gosford, Goulburn, Grafton, Lismore, Maitland, Morisset, Newcastle, Nowra, Orange, Port Macquarie, Queanbeyan, Raymond Terrace, Shellharbour, Tamworth, Taree, Tuggerah–Wyong, Tweed Heads, Wagga Wagga, Warrawong, Wollongong.
This Division does not apply to land on which development for the purposes of residential flat buildings is permitted under another environmental planning instrument.
This Division applies to development for the purposes of residential flat buildings carried out on land to which this Division applies—
(a) by or on behalf of a public authority or social housing provider, or
(b) by a person who is carrying out the development with a relevant authority.
This Division does not apply to—
(a) development to which this Part, Division 1 applies, or
(b) development to which Chapter 3, Part 4 applies.
Development to which this Division applies may be carried out with consent.
Development consent must not be granted under this Division unless the consent authority is satisfied that—
(a) the Planning Secretary has certified in a site compatibility certificate that, in the Planning Secretary’s opinion, the residential flat building is compatible with the surrounding land uses, and
(b) if the development relates to a building on land in a business zone—no part of the ground floor of the building that fronts a street will be used for residential purposes unless another environmental planning instrument permits the use.
Nothing in this section prevents a consent authority from—
(a) consenting to development on a site by reference to site and design features that are more stringent than the ones identified in a site compatibility certificate for the same site, or
(b) refusing consent to development by reference to the consent authority’s own assessment of the compatibility of the residential flat building with the surrounding land uses, or
(c) considering another matter in determining a development application.
Car parking is not required to be provided in relation to development to which this Division applies other than in relation to the tenanted component of a residential flat building used as build-to-rent housing.
Section 74(2)(d) and (e) contain non-discretionary development standards for car parking in relation to development for the purposes of build-to-rent housing.
An application for a site compatibility certificate under this Division may be made to the Planning Secretary—
(a) by the owner of the land on which the development is proposed to be carried out, or
(b) by another person with the consent of the owner of the land.
An application—
(a) must be in a written form approved by the Planning Secretary, and
(b) must be accompanied by the documents and information required by the Planning Secretary, and
(c) must be accompanied by the fee, if any, prescribed by the regulations.
The Planning Secretary may request further documents and information to be furnished in connection with an application.
Within 7 days after the application is made, the Planning Secretary must provide a copy of the application to the council for the area in which the development is proposed to be carried out, unless the Planning Secretary refuses, before the 7 days have elapsed, to issue a certificate.
The Planning Secretary may determine the application by issuing a certificate or refusing to do so.
The Planning Secretary must not issue a certificate unless the Planning Secretary—
(a) has taken into account comments, if any, received from the council within 14 days after the application for the certificate was made, and
(b) is of the opinion that the residential flat building is compatible with the surrounding land uses considering the following matters—
(i) the existing uses and approved uses of land in the area,
(ii) the impact that the residential flat building, including its bulk and scale, is likely to have on the existing uses, approved uses and uses that, in the opinion of the Planning Secretary, are likely to be the preferred future uses of the land,
(iii) the services and infrastructure that are or will be available to meet the demands arising from the development, and
(c) is of the opinion that the development is not likely to have an adverse effect on the environment and will not cause unacceptable environmental risks to the land.
A certificate may certify that development is compatible with the surrounding land uses only if it satisfies certain requirements specified in the certificate.
A certificate continues to apply to the land in relation to which it was issued despite a change in the ownership of the land.
A certificate is valid for—
(a) 5 years, or
(b) otherwise—the period specified in the certificate.
If a certificate is valid at the time a development application is made, the certificate remains valid for the purposes of the development application until the development application is finally determined.
Development consent must not be granted under this Division unless the consent authority is satisfied that, for at least 15 years from the date of the issue of an occupation certificate—
(a) at least 50% of the dwellings to which the development relates will be used for affordable housing, and
(b) the dwellings used for affordable housing will be managed by a registered community housing provider.
Subsection (1) does not apply to development carried out by or on behalf of the Aboriginal Housing Office or the Land and Housing Corporation.
(Repealed)
This division applies to residential development if—
(a) the development—
(i) is permitted with development consent on the land under Chapter 5, Chapter 6 or another environmental planning instrument, or
(ii) will be carried out—
(A) by the Land and Housing Corporation or the Aboriginal Housing Office, and
(B) on land within an accessible area and within the Six Cities Region, and
(C) in a relevant residential zone, within the meaning of Chapter 5, and
(b) all buildings will have a height not exceeding the greater of—
(i) 11m, or
(ii) the maximum permissible building height for the development on the land, and
(c) all buildings will have a floor space ratio not exceeding the greater of—
(i) 0.65:1, or
(ii) the maximum permissible floor space ratio for the development on the land, and
(d) the development will not result in more than 75 dwellings on a single site, and
(e) for development on land in an accessible area—the development will result in the following number of parking spaces—
(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, and
(f) for development on land that is not in an accessible area—the development will result in the following number of parking spaces—
(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.
This division also applies to the following development if the development is permitted on the land under another environmental planning instrument—
(a) the demolition of buildings and associated structures if the building or structure is on land that—
(i) is non-heritage land, and
(ii) is not identified in an environmental planning instrument as being in a heritage conservation area,
(b) the subdivision of land and subdivision works.
This division does not apply to—
(a) development to which Chapter 2, Part 2, Division 5 applies, or
(b) development that is part of a project, or part of a stage of a project, that the Minister determined under the Act, former section 75P to be subject to the Act, Part 4.
State Environmental Planning Policy (Transport and Infrastructure) 2021, sections 2.15 and 2.17 apply to the development and, in the application of the sections—
(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.
In this section—
(a) does not contain a heritage item, and
(b) is not the subject of an interim heritage order under the Heritage Act 1977, and
(c) is not listed on the State Heritage Register under the Heritage Act 1977.
Development specified in section 42(1) may be carried out without consent if the development is carried out by or on behalf of—
(a) Landcom, if all dwellings resulting from the residential development are used for affordable housing, or
(b) another relevant authority.
Development specified in section 42(2) may be carried out without consent if the development is carried out by or on behalf of a relevant authority other than Landcom.
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.
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.
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 dwellings resulting from the residential development 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.
Before carrying out residential apartment development to which this division applies, the relevant authority must consider the following—
(a) the quality of the design of the development, evaluated in accordance with the design principles for residential apartment development set out in Schedule 9,
(b) the Apartment Design Guide.
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.
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.
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.
Development for the purposes of landscaping and gardening carried out by or on behalf of the Aboriginal Housing Office or the Land and Housing Corporation in relation to residential development to which this division applies is exempt development.
Development for the purposes of repairs and maintenance work and non-structural renovations and building alterations carried out by or on behalf of the Aboriginal Housing Office or the Land and Housing Corporation in relation to housing is exempt development.
Subsection (2) does not apply to development involving the use of external combustible cladding within the meaning of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021.
Development that would otherwise be complying development cannot be carried out in relation to low-rental dwellings or low-rental residential buildings.
In this Part—
(a) it is in the same or a neighbouring suburb, and
(b) it is let at the same rental level as, or not more than 5% higher than the rental level of, the Part 3 accommodation, and
(c) it is available for occupation on the day the development application is lodged, and
(d) for residential flat buildings—it comprises dwellings with the same number of bedrooms as the dwellings in the Part 3 accommodation.
(a) of the same type, and
(b) with the same number of bedrooms, and
(c) in the same local government area.
(a) is lawfully used as a residential flat building containing a low-rental dwelling or as a boarding house, irrespective of the purpose for which the building may have been erected, or
(b) was used as a residential flat building containing a low-rental dwelling or as a boarding house, but the use has been changed unlawfully to another use, or
(c) is vacant, but the last significant use of which was as a residential flat building containing a low-rental dwelling or as a boarding house.
This Part applies to a low-rental residential building on land within the following areas—
(a) the Eastern Harbour City,
(b) the Central River City,
(c) the Western Parkland City,
(d) the Central Coast City,
(e) the City of Newcastle local government area,
(f) the City of Wollongong local government area.
This Part does not apply to a building—
(a) approved for subdivision under the Strata Schemes Development Act 2015, or
(b) for which development consent has been granted under Chapter 3, Part 5, or
(c) owned by, or under the care, control and management of, a social housing provider.
Development for the following purposes, in relation to a building to which this Part applies, is permitted with development consent—
(a) demolishing the building,
(b) altering or adding to the structure or fabric of the inside or outside of the building,
(c) changing the use of the building to another use,
(d) if the building is a residential flat building—strata subdivision of the building.
In determining whether to grant development consent, the consent authority must take into account the Guidelines for the Retention of Existing Affordable Rental Housing, published by the Department in October 2009 and the following—
(a) whether the development will reduce the amount of affordable housing in the area,
(b) whether there is available sufficient comparable accommodation to satisfy the demand for the accommodation,
(c) whether the development is likely to result in adverse social and economic effects on the general community,
(d) whether adequate arrangements have been made to assist the residents who are likely to be displaced to find comparable accommodation,
(e) the extent to which the development will contribute to a cumulative loss of affordable housing in the local government area,
(f) whether the building is structurally sound, including—
(i) the extent to which the building complies with relevant fire safety requirements, and
(ii) the estimated cost of carrying out work necessary to ensure the building is structurally sound and complies with relevant fire safety requirements,
(g) whether the imposition of an affordable housing condition requiring the payment of a monetary contribution would adequately mitigate the reduction of affordable housing resulting from the development,
(h) for a boarding house—the financial viability of the continued use of the boarding house.
Sufficient comparable accommodation is conclusively taken not to be available if, for the 3 months occurring immediately before the development application is lodged, the average vacancy rate in private rental accommodation for Sydney, as published monthly by the Real Estate Institute of New South Wales, is less than 3%.
The continued use of a boarding house is financially viable if the rental yield of the boarding house, as determined under section 48(4), is at least 6%.
The following requirements are prescribed for the imposition of conditions on a development consent granted under this Part—
(a) the consent authority must be satisfied the development will, or is likely to, reduce the availability of affordable housing in the area,
(b) if the condition requires the payment of a contribution—the contribution must be determined in accordance with this section.
The amount of the contribution must be calculated in accordance with the following formula—
where—
For development involving a boarding house that the consent authority has assessed as not being financially viable—
(a) if the rental yield is 3% or less—no contribution may be sought, and
(b) if the rental yield is more than 3% and less than 6%—the contribution payable must be reduced by being calculated in accordance with the following formula—
where—
C is the contribution payable.X is the contribution that would be payable under subsection (2).RY is the rental yield.
In this section—
where—
In this Part—
(a) the erection of, or alterations or additions to—
(i) a secondary dwelling, or
(ii) an ancillary structure within the meaning of Schedule 1,
(b) alterations or additions to a principal dwelling for the purposes of a secondary dwelling.
(a) Zone R1 General Residential,
(b) Zone R2 Low Density Residential,
(c) Zone R3 Medium Density Residential,
(d) Zone R4 High Density Residential,
(e) Zone R5 Large Lot Residential.
This Part applies to development for the purposes of a secondary dwelling on land in a residential zone if development for the purposes of a dwelling house is permissible on the land under another environmental planning instrument.
Development consent must not be granted for the subdivision of a lot on which development has been carried out under this Part.
Development to which this Part applies may be carried out with consent.
Development consent must not be granted for development to which this Part applies unless—
(a) no dwellings, other than the principal dwelling and the secondary dwelling, will be located on the land, and
(b) the total floor area of the principal dwelling and the secondary dwelling is no more than the maximum floor area permitted for a dwelling house on the land under another environmental planning instrument, and
(c) the total floor area of the secondary dwelling is—
(i) no more than 60m
2 , or(ii) if a greater floor area is permitted for a secondary dwelling on the land under another environmental planning instrument—the greater floor area.
The object of this section is to identify development standards for particular matters relating to development for the purposes of a secondary dwelling that, if complied with, prevent the consent authority from requiring more onerous standards for the matters.
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.
The following are non-discretionary development standards in relation to the carrying out of development to which this Part applies—
(a) for a detached secondary dwelling—a minimum site area of 450m
2 ,(b) the number of parking spaces provided on the site is the same as the number of parking spaces provided on the site immediately before the development is carried out.
This Division applies to development for the purposes of a secondary dwelling that—
(a) is on land in a residential zone other than Zone R5 Large Lot Residential, and
(b) does not involve the erection of, or alterations or additions to, a basement, and
(c) does not involve the erection of, or alterations or additions to, a roof terrace on the topmost roof of a building.
If development to which this Division applies relates to a secondary dwelling attached to or separate from the principal dwelling, the development is complying development if the development—
(a) meets the general requirements for complying development set out in the Codes SEPP, clauses 1.17A and 1.18(1) and (2), and
(b) is not on land referred to in the Codes SEPP, clause 1.19(1), and
(c) is on a lot with an area of at least 450m
2 , and(d) meets the development standards set out in Schedule 1.
If development to which this Division applies relates to a secondary dwelling located within the principal dwelling, the development is complying development if the development—
(a) meets the relevant provisions of the Building Code of Australia, and
(b) is not on land that is an environmentally sensitive area within the meaning of the Codes SEPP, and
(c) is not on land that comprises, or on which there is, a heritage item or a draft heritage item within the meaning of the Codes SEPP, and
(d) involves no external alterations to the principal dwelling other than the provision of an additional entrance, and
(e) will not result in a dwelling on the land, other than the principal dwelling and the secondary dwelling, and
(f) will not result in the floor area of the secondary dwelling being—
(i) more than 60m
2 , or(ii) if a greater floor area is permitted for a secondary dwelling on the land under another environmental planning instrument—more than the greater floor area.
Development for the purposes of a secondary dwelling and the erection of, or alterations or additions to, a principal dwelling may be carried out as a single complying development if—
(a) the development for the secondary dwelling will be carried out at the same time as the development for the principal dwelling, and
(b) the erection of the secondary dwelling is complying development under this Division, and
(c) the development for the purposes of the principal dwelling is complying development under the Codes SEPP.
In determining whether development for the purposes of a principal dwelling is complying development, the principal dwelling is taken to be a building containing only 1 dwelling, whether or not the secondary dwelling is located within or attached to it.
A complying development certificate for complying development under this Division is subject to the conditions specified in the Codes SEPP, Schedule 6.
A reference in the Codes SEPP, Schedule 6, clauses 6 and 11(1) to a dwelling house is taken to be a reference to a principal dwelling or a secondary dwelling.
This section does not apply to the following development—
(a) development for the purposes of—
(i) landscaping, or
(ii) a non-combustible fence, or
(iii) a swimming pool, or
(iv) another ancillary structure if it is non-habitable and more than 6m from a dwelling,
(b) development carried out on land in—
(i) bush fire attack level-40 (BAL-40), or
(ii) the flame zone (BAL-FZ).
Note— More information about the categories of bush fire attack, including the flame zone, is contained in Planning for Bush Fire Protection, Table A1.7.
Complying development under this Division must not be carried out on a lot that contains bush fire prone land unless—
(a) the development conforms to the relevant specifications and requirements of Planning for Bush Fire Protection, and
(b) any associated access way is on land that is not—
(i) grasslands, or
(ii) in bush fire attack level-40 (BAL-40), or
(iii) the flame zone (BAL-FZ), and
(c) the lot has direct access to—
(i) a public road, or
(ii) a road vested in or maintained by the council, and
(d) the building or structure to which the development relates is within 200m of the road, and
(e) there is sufficient access designed in accordance with the acceptable solutions identified in Planning for Bush Fire Protection, Table 7.4a, and
(f) the lot has a water supply that is—
(i) reticulated, or
(ii) not reticulated but suitable for fire fighting, and
(g) reticulated or bottled gas on the lot is installed and maintained in accordance with AS/NZS 1596:2014, The storage and handling of LP Gas, including the use of metal piping, and
(h) fixed gas cylinders on the lot are located at least 10m from flammable materials and are enclosed on the hazard side of the installation, and
(i) gas cylinders on the lot that are within 10m of a dwelling—
(i) have the release valves directed away from the dwelling, and
(ii) have metal connections to and from the cylinders, and
(j) there are no polymer sheathed flexible gas supply lines to gas meters adjacent to a dwelling on the lot.
The requirements relating to the construction of buildings in bush fire prone areas set out in the Building Code of Australia also apply.
A non-reticulated water supply to a lot is suitable for fire fighting if—
(a) the water supply has a 65mm metal Storz outlet with a gate or ball valve, and
(b) the gate or ball valve, pipes and tank penetrations are metal and designed to allow for a full 50mm inner diameter water flow through the Storz fitting, and
(c) the size of the non-reticulated water supply is—
(i) for a lot with an area up to 10,000m
2 —10,000L, and(ii) for a lot with an area of more than 10,000m
2 —20,000L, and
Land is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ) if—
(a) the council or a person recognised by the NSW Rural Fire Service as a suitably qualified consultant in bush fire risk assessment determines, in accordance with the methodology specified in Planning for Bush Fire Protection, the land is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ), or
(b) for development carried out on grasslands—the development conforms to the relevant specifications and requirements of Planning for Bush Fire Protection, Table 7.9a.
In this section—
Complying development under this Division must not be carried out on the following parts of a flood control lot, as certified by the council or a professional engineer who specialises in hydraulic engineering—
(a) a flood storage area,
(b) a floodway,
(c) a flow path,
(d) a high hazard area,
(e) a high risk area.
Complying development carried out under this Division on a flood control lot must comply with the following development standards—
(a) if there is a minimum floor level adopted in a development control plan by the relevant council for the lot, the development must not cause a habitable room in the dwelling to have a floor level lower than the minimum floor level,
(b) if a part of the principal dwelling or secondary dwelling or an ancillary structure is erected at or below the flood planning level, it must be constructed of flood compatible material,
(c) the principal dwelling or secondary dwelling and ancillary structures, if any, must be able to withstand the forces exerted during a flood by water, debris and buoyancy up to—
(i) the flood planning level, or
(ii) if an on-site refuge is provided on the lot, the probable maximum flood level,
(d) the development must not result in increased flooding elsewhere in the floodplain,
(e) the lot must have pedestrian and vehicular access to a readily accessible refuge above the probable maximum flood level,
(f) vehicular access to the dwelling must not be inundated by water to a level of more than 0.3m during a 1:100 ARI flood event,
(g) the lot must not have any open car parking spaces or carports lower than the level of a 1:20 ARI flood event.
The requirements in subsection (2)(c) and (d) are satisfied if a flood and risk impact assessment prepared by a professional engineer specialising in hydraulic engineering or civil engineering states the requirements are satisfied.
Words used in this section have the same meanings as in the Flood Risk Management Manual.
This section applies to complying development carried out under this Division on land in the following local government areas—
(a) Coonamble,
(b) Gilgandra,
(c) Warrumbungle Shire,
(d) Dubbo Regional.
Development to which this section applies must not be carried out unless the development will not result in—
(a) a secondary dwelling with an outside light fitting, other than a shielded light fitting, or
(b) for land in the local government areas of Coonamble, Gilgandra or Warrumbungle Shire—a secondary dwelling with more than—
(i) 7 shielded outside light fittings, or
(ii) 5 shielded outside light fittings that are not automatic light fittings.
Words used in this section have the same meanings as in the Standard Instrument, clause 5.14.
In this Part—
(a) the following land use zones or an equivalent land use zone—
(i) Zone R1 General Residential,
(ii) Zone R2 Low Density Residential,
(iii) Zone R3 Medium Density Residential,
(iv) Zone R4 High Density Residential,
(iva) Zone MU1 Mixed Use,
(v) Zone B4 Mixed Use,
(vi) Zone SP1 Special Activities,
(vii) Zone SP2 Infrastructure,
(b) another zone in which development for the purposes of dwelling houses or multi dwelling housing may be carried out with or without consent under an environmental planning instrument.
Development for the purposes of a permanent group home or a transitional group home on land in a prescribed zone may be carried out—
(a) without consent if the development—
(i) does not result in more than 10 bedrooms on a site, and
(ii) is carried out by or on behalf of a public authority, or
(b) otherwise—with consent.
State Environmental Planning Policy (Transport and Infrastructure) 2021, Part 2.2, Division 1 applies to development carried out by or on behalf of a public authority under subsection (1)(a) and, in the application of the Division, a reference in the Division to “this Chapter” is taken to be a reference to this section.
(Repealed)
Development for a purpose specified in State Environmental Planning Policy (Transport and Infrastructure) 2021, Schedule 1 that is carried out within the boundaries of an existing group home by or on behalf of a public authority is exempt development if the development—
(a) meets the development standards specified in the Schedule, as modified by subsection (2), and
(b) complies with the requirements of State Environmental Planning Policy (Transport and Infrastructure) 2021, section 2.20(2).
The development standards for a carport associated with an existing building are modified as follows—
(a) the maximum surface area for a carport is 30m
2 ,(b) the maximum height for a carport is 3m above ground level (existing),
(c) a carport may be located up to 1m forward of a front building setback.
The following development is complying development—
(a) development for the purposes of a group home if the development—
(i) does not result in more than 10 bedrooms on a site, and
(ii) satisfies the requirements for complying development specified in the Codes SEPP, clauses 1.18 and 1.19, other than clauses 1.18(1)(h), 1.19(1)(b) and 1.19(5), and
(iii) is not in a draft heritage conservation area, and
(iv) meets the development standards set out in Schedule 2, or
(b) the change of use of a lawfully constructed class 1a building within the meaning of the Building Code of Australia to a group home if the development—
(i) does not involve any alterations or additions to a building, and
(ii) does not result in more than 10 bedrooms on a site, and
(iii) satisfies the requirements for complying development specified in the Codes SEPP, clause 1.18, other than clauses 1.18(1)(c3) and 1.18(1)(h), or
(c) the change of use of a lawfully constructed class 1a building to a group home if the development—
(i) does not result in more than 10 bedrooms on a site, and
(ii) satisfies the requirements for complying development specified in the Codes SEPP, clauses 1.18 and 1.19, other than clause 1.18(1)(h), and
(iii) meets the development standards set out in Schedule 2, or
(d) the change of use of a building being lawfully used as residential accommodation, other than a building used as rural worker’s dwellings, to a group home if the development—
(i) is carried out by or on behalf of a relevant authority, and
(ii) satisfies the requirements for complying development specified in the Codes SEPP, clause 1.18, other than clause 1.18(1)(h), and
(iii) does not involve the erection of a new building or an increase in the footprint of the building, and
(iv) does not involve any alteration or additions to the building other than the following—
(A) alterations and additions carried out under the Codes SEPP, Part 4,
(B) alterations and additions carried out under the Codes SEPP, Part 8.
The Codes SEPP, clause 1.17A(1)(d) does not apply to development carried out under subsection (1)(b).
The Codes SEPP, sections 4.2(a), 4.4(1)(a), 4.4B(1)(a) and 8.3(f)(i) do not apply to alterations or additions to a building associated with development carried out under subsection (1)(d).
The Codes SEPP, section 1.17A(1)(d) does not apply to development carried out under subsection (1)(d) unless the development involves alterations or additions specified in subsection (1)(d).
A complying development certificate is taken to satisfy a requirement of an environmental planning instrument or tree preservation order for a consent, permit or approval to remove a tree or other vegetation if the tree or other vegetation—
(a) would prevent the complying development from being carried out, and
(b) is not required to be retained under a condition of a development consent applying to the land, and
(c) is not listed on a register of significant trees kept by the council, and
(d) will be within 3m of any building that has an area of more than 25m
2 , and(e) has a height less than—
(i) for development under subsection (1)(a)—8m, or
(ii) for development under subsection (1)(b), (1)(c) or (1)(d)—6m.
A complying development certificate for complying development under this section is subject to the conditions specified in the Codes SEPP, Schedule 6, and, in the application of the Schedule, a reference in the Schedule, clauses 6 and 11 to a dwelling house is taken to be a reference to a group home.
Development specified as complying development under this section may not be undertaken as complying development if the development is on bush fire prone land—see the Rural Fires Act 1997, section 100B.
Complying development must not be carried out under this Part on the following parts of a flood control lot, as certified by the council or a professional engineer who specialises in hydraulic engineering—
(a) a flood storage area,
(b) a floodway,
(c) a flow path,
(d) a high hazard area,
(e) a high risk area.
Complying development carried out under this Part on a flood control lot must comply with the following development standards—
(a) if there is a minimum floor level adopted in a development control plan by the relevant council for the lot—the development must not cause a habitable room in the group home to have a floor level lower than the minimum floor level,
(b) if a part of the group home or an ancillary structure is erected at or below the flood planning level—the part must be constructed of flood compatible material,
(c) the group home and ancillary structures, if any, must be able to withstand the forces exerted during a flood by water, debris and buoyancy up to—
(i) the flood planning level, or
(ii) if an on-site refuge is provided on the lot—the probable maximum flood level,
(d) the development must not result in increased flooding elsewhere in the floodplain,
(e) the lot must have pedestrian and vehicular access to a readily accessible refuge above the probable maximum flood level,
(f) vehicular access to the group home must not be inundated by water to a level of more than 0.3m during a 1:100 ARI flood event,
(g) the lot must not have any open car parking spaces or carports lower than the level of a 1:20 ARI flood event.
The requirements in subsection (2)(c) and (d) are satisfied if a flood and risk impact assessment prepared by a professional engineer specialising in hydraulic engineering or civil engineering states the requirements are satisfied.
Words used in this section have the same meanings as in the Flood Risk Management Manual.
This section applies to complying development carried out under this Part on land in the following local government areas—
(a) Coonamble,
(b) Gilgandra,
(c) Warrumbungle Shire,
(d) Dubbo Regional.
Development to which this section applies must not be carried out unless the development will not result in—
(a) a group home with an outside light fitting, other than a shielded light fitting, or
(b) for land in the local government areas of Coonamble, Gilgandra or Warrumbungle Shire—a group home with more than—
(i) 7 shielded outside light fittings, or
(ii) 5 shielded outside light fittings that are not automatic light fittings.
Words used in this section have the same meanings as in the Standard Instrument, clause 5.14.
Despite the provisions of another environmental planning instrument, development consent must not be granted to the subdivision of group homes.
The change of use of a lawfully constructed dwelling to a group home is exempt development if—
(a) the dwelling is occupied by a single household under a tenancy arrangement administered by a relevant authority, or
(b) no more than 5 bedrooms in the dwelling are occupied by children or young people receiving out-of-home care.
(a) the Secretary of the Department of Communities and Justice,
(b) the Land and Housing Corporation,
(c) a registered community housing provider,
(d) the Aboriginal Housing Office,
(e) a registered Aboriginal housing organisation within the meaning of the Aboriginal Housing Act 1998,
(f) a local government authority that provides affordable housing,
(g) a not-for-profit organisation that is a direct provider of rental housing to tenants.
The Act, Schedule 9 sets out the local government areas in each city in the Six Cities Region.
section 163, definitions of “low and mid rise housing area”, “low and mid rise housing inner area” and “low and mid rise housing outer area”
Adamstown station
Arncliffe station
Artarmon station
Ashfield station
Banksia station
Bankstown station
Bella Vista station
Beverly Hills station
Bexley North station
Canley Vale station
Cardiff station
Concord West station
Crows Nest station
Croydon station
Doonside station
Dulwich Hill station
Flemington station
Glenfield station
Granville station
Gymea station
Hamilton station
Hills Showground station
Homebush station
Hornsby station
Kellyville station
Kensington light rail station
Killara station
Kingsford Juniors light rail station
Kotara station
Lidcombe station
Lilyfield light rail station
Liverpool station
Macquarie Park station
Marrickville station
Meadowbank station
Milsons Point station
Minto station
North Ryde station
North Strathfield station
Oatley station
Penshurst station
Petersham station
Pymble station
Redfern station
Regents Park station
Roseville station
Seven Hills station
St Leonards station
St Peters station
Stanmore station
Turrella station
UNSW Anzac Parade light rail station
Victoria Cross station
Wahroonga station
Waitara station
Waverton station
Westmead station
Wollstonecraft station
Woolooware station
section 164(1)(k)
Belmore station
Canterbury station
Cockle Creek station
Lakemba station
North Wollongong station
Punchbowl station
St Marys station
Wiley Park station
State Environmental Planning Policy (Housing) 2021 (714). LW 26.11.2021. Date of commencement, on publication on LW, sec 2. This Policy has been amended by this Policy, Sch 7A, sec 4(2) and (3) and Sch 8, sec 5 and as follows—
(99) | State Environmental Planning Policy (Housing) Amendment (Miscellaneous) 2022. LW 18.3.2022. Date of commencement, on publication on LW, sec 2. | |
(153) | State Environmental Planning Policy Amendment (Disaster Recovery) 2022. LW 14.4.2022. Date of commencement, on publication on LW, sec 2. | |
(274) | State Environmental Planning Policy Amendment (Temporary Emergency Facilities) 2022. LW 3.6.2022. Date of commencement, on publication on LW, sec 2. | |
No 26 | Statute Law (Miscellaneous Provisions) Act 2022. Assented to 16.6.2022. Date of commencement, assent, sec 2. | |
(348) | State Environmental Planning Policy (Housing) Amendment (Seniors Housing) 2022. LW 1.7.2022. Date of commencement, on publication on LW, sec 2. The amendment made by Sch 1 was without effect to the extent it omitted Sch 7A, sec 4 as that provision was repealed by State Environmental Planning Policy (Housing) 2021 on 1.7.2022. | |
(349) | State Environmental Planning Policy (Housing) Amendment 2022. LW 1.7.2022. Date of commencement, on publication on LW, sec 2. | |
(451) | State Environmental Planning Policy Amendment (Housing Supply) 2022. LW 12.8.2022. Date of commencement, on publication on LW, sec 2. | |
(593) | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Agritourism) 2022. LW 6.10.2022. Date of commencement, 1.12.2022, sec 2. | |
(727) | State Environmental Planning Policy (Transport and Infrastructure) Amendment (Land Use Zones) 2022. LW 30.11.2022. Date of commencement, on the commencement of Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022 (ie 30.11.2022), sec 2. | |
(833) | State Environmental Planning Policy Amendment (Lismore Flood Recovery) 2022. LW 16.12.2022. Date of commencement, 13.2.2023, sec 2. | |
(79) | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Miscellaneous) 2023. LW 24.2.2023. Date of commencement, on publication on LW, sec 2. | |
(83) | State Environmental Planning Policy Amendment (National Construction Code) 2023. LW 24.2.2023. Date of commencement, 1.5.2023, sec 2. | |
(120) | State Environmental Planning Policy Amendment (Miscellaneous) 2023. LW 2.3.2023. Date of commencement, on publication on LW, sec 2. | |
(458) | State Environmental Planning Policy Amendment (Agritourism) 2023. LW 18.8.2023. Date of commencement, on publication on LW, sec 2. | |
(541) | Byron Local Environmental Plan Amendment (Housing) 2023. LW 26.9.2023. Date of commencement of Sch 1[1]–[3], 23.9.2024, sec 2(b); date of commencement of Sch 1[4], on publication on LW, sec 2(a). | |
(609) | State Environmental Planning Policy Amendment (Flood Planning) 2023. LW 10.11.2023. Date of commencement, on publication on LW, sec 2. | |
No 52 | Greater Cities Commission Repeal Act 2023. Assented to 12.12.2023. Date of commencement, 1.1.2024, sec 2. The amendment made by Sch 2.4 was without effect as the provision being amended was repealed by State Environmental Planning Policy (Housing) 2021 at the end of 31.12.2023. | |
(664) | State Environmental Planning Policy Amendment (Housing) 2023. LW 14.12.2023. Date of commencement of Sch 1, on publication on LW, sec 2(b). | |
(74) | State Environmental Planning Policy Amendment (Housing) 2024. LW 15.3.2024. Date of commencement, on publication on LW, sec 2. | |
(135) | State Environmental Planning Policy (Housing) Amendment (Transport Oriented Development) 2024. LW 29.4.2024. Date of commencement, 13.5.2024, sec 2. | |
(274) | State Environmental Planning Policy (Housing) Amendment (Dual Occupancies and Semi-detached Dwellings) 2024. LW 28.6.2024. Date of commencement, 1.7.2024, sec 2. | |
(334) | State Environmental Planning Policy Amendment (Miscellaneous) 2024. LW 2.8.2024. Date of commencement, on publication on LW, sec 2. | |
(594) | State Environmental Planning Policy Amendment (Exemptions) 2024. LW 27.11.2024. Date of commencement, on publication on LW, sec 2(b). | |
(651) | State Environmental Planning Policy (Housing) Amendment (Construction Workers Accommodation) 2024. LW 13.12.2024. Date of commencement, on publication on LW, sec 2. | |
(652) | State Environmental Planning Policy (Housing) Amendment (Temporary Housing) 2024. LW 13.12.2024. Date of commencement, immediately after the commencement of State Environmental Planning Policy (Housing) Amendment (Construction Workers Accommodation) 2024 (ie 13.12.2024), sec 2. | |
(42) | State Environmental Planning Policy (Housing) Amendment (Local Bonuses) 2025. LW 14.2.2025. Date of commencement, on publication on LW, sec 2. | |
(81) | State Environmental Planning Policy (Housing) Amendment (Low and Mid Rise Housing) 2025. LW 28.2.2025. Date of commencement, on publication on LW, sec 2. | |
(82) | State Environmental Planning Policy (Planning Systems) Amendment (Warrawong Site) 2025. LW 28.2.2025. Date of commencement, on publication on LW, sec 2. | |
(105) | Lane Cove Local Environmental Plan Amendment (In-fill Affordable Housing) 2025. LW 14.3.2025. Date of commencement, on publication on LW, cl 2. | |
(158) | Warringah Local Environmental Plan Amendment (Temporary Housing) 2025. LW 4.4.2025. Date of commencement, on publication on LW, cl 2. | |
(171) | State Environmental Planning Policy Amendment (WestConnex Dive Site) 2025. LW 4.4.2025. Date of commencement, on publication on LW, sec 2. | |
(291) | State Environmental Planning Policy (Housing) Amendment (Diverse Housing) 2025. LW 20.6.2025. Date of commencement, on publication on LW, sec 2. | |
(350) | State Environmental Planning Policy (Planning Systems) Amendment (Kanwal Site) 2025. LW 11.7.2025. Date of commencement, on publication on LW, sec 2. | |
(468) | Liverpool Local Environmental Plan Amendment (Exempt and Complying Development Codes—Landcom Site) 2025. LW 29.8.2025. Date of commencement, on publication on LW, sec 2. | |
(512) | State Environmental Planning Policy (Housing) Amendment (Group Homes) 2025. LW 19.9.2025. Date of commencement, on publication on LW, sec 2. | |
(597) | Mosman Local Environmental Plan Amendment (Exempt and Complying Development Codes and Housing—Dual Occupancies) 2025. LW 31.10.2025. Date of commencement, on publication on LW, cl 2. | |
619) | State Environmental Planning Policy Amendment (Ku-ring-gai Station Precincts) 2025. LW 14.11.2025. Date of commencement, on publication on LW, sec 2. |
Sec 4 | Am 2022 (451), Sch 1[1]; 2022 (727), Sch 2[1]; 2023 (664), Sch 1[1]. |
Sec 5 | Am 2023 (664), Sch 1[2]–[4]. |
Sec 6 | Am 2022 (99), Sch 1[1]. |
Sec 8 | Am 2023 (664), Sch 1[5]. |
Sec 9 | Am 2024 (135), Sch 1[1]. |
Sec 12 | Am 2022 (451), Sch 1[2]. |
Sec 12A | Ins 2023 (664), Sch 1[6]. Am 2025 (42), Sch 1. |
Sec 13A | Ins 2022 (349), Sch 1[1]. Subst 2023 (664), Sch 1[7]. |
Chapter 2, Part 2, Div 1 | Subst 2023 (664), Sch 1[8]. |
Sec 15A | Ins 2023 (664), Sch 1[8]. |
Sec 15B | Ins 2023 (664), Sch 1[8]. |
Sec 15C | Ins 2023 (664), Sch 1[8]. Am 2024 (135), Sch 1[1]–[3]; 2024 (334), Sch 1[1]; 2024 (594), Sch 3[1]; 2025 (82), Sch 1; 2025 (105), Sch 1[1]; 2025 (350), Sch 3; 2025 (468), Sch 2; 2025 (512), Sch 1[1]. |
Sec 16 | Am 2022 (349), Sch 1[2]–[4]; 2022 (727), Sch 2[2]. Subst 2023 (664), Sch 1[8]. Am 2025 (42), Sch 1. |
Sec 17 | Subst 2023 (664), Sch 1[8]. Am 2025 (42), Sch 1. |
Sec 18 | Subst 2023 (664), Sch 1[8]. Am 2025 (42), Sch 1. |
Sec 19 | Subst 2023 (664), Sch 1[8]. |
Sec 20 | Subst 2023 (664), Sch 1[8]. |
Sec 21 | Am 2022 (349), Sch 1[3]. Subst 2023 (664), Sch 1[8]. |
Sec 22 | Subst 2023 (664), Sch 1[8]. |
Sec 23 | Am 2022 (727), Sch 2[3]; 2023 (664), Sch 1[9]–[11]. |
Sec 24 | Am 2023 (664), Sch 1[12]–[14]. |
Sec 25 | Am 2022 (349), Sch 1[5] [6]; 2022 (451), Sch 1[3]; 2025 (291), Sch 1[1]. |
Sec 26 | Am 2022 (349), Sch 1[3]; 2023 (664), Sch 1[15]. |
Chapter 2, Part 2, Div 3, heading | Am 2022 (349), Sch 1[7]; 2023 (664), Sch 1[16]. |
Sec 28 | Am 2022 (727), Sch 2[3]; 2023 (664), Sch 1[10] [11] [17]. |
Sec 29 | Am 2022 (349), Sch 1[8]–[10]. |
Sec 30 | Am 2022 (349), Sch 1[11]–[13]; 2023 (120), Sch 4[1]. Subst 2023 (664), Sch 1[18]. |
Sec 30A | Ins 2023 (664), Sch 1[18]. |
Sec 30B | Ins 2023 (664), Sch 1[18]. |
Sec 31 | Am 2022 (349), Sch 1[14]. |
Sec 33 | Am 2024 (135), Sch 1[4]; 2025 (291), Sch 1[2]. |
Sec 34 | Am 2024 (652), Sch 1[1]. |
Sec 36 | Am 2022 (727), Sch 2[4]; 2023 (664), Sch 1[19]. |
Sec 37 | Am 2022 (349), Sch 1[3]. |
Sec 38 | Am 2022 (99), Sch 1[2] [3]. |
Sec 39 | Am 2022 (99), Sch 1[4]. |
Sec 40 | Am 2022 (349), Sch 1[3]; 2023 (664), Sch 1[20]. |
Sec 41 | Rep 2023 (664), Sch 1[21]. |
Chapter 2, Part 2, Div 6 | Subst 2023 (664), Sch 1[22]. |
Chapter 2, Part 2, Div 6, heading | Am 2022 (349), Sch 1[15]. Subst 2023 (664), Sch 1[22]. |
Sec 42 | Am 2022 (349), Sch 1[16] [17]. Subst 2023 (664), Sch 1[22]. Am 2024 (135), Sch 1[5]; 2025 (42), Sch 1; 2025 (105), Sch 1[1]; 2025 (512), Sch 1[2]. |
Sec 43 | Am 2022 (349), Sch 1[18] [19]; 2023 (120), Sch 4[2]. Subst 2023 (664), Sch 1[22; 2024 (334), Sch 1[2]. |
Sec 43A | Ins 2023 (664), Sch 1[22]. |
Sec 43B | Ins 2023 (664), Sch 1[22]. |
Sec 43C | Ins 2023 (664), Sch 1[22]. |
Sec 44 | Am 2022 (349), Sch 1[16] [20]. Subst 2023 (664), Sch 1[22]. |
Sec 44A | Ins 2023 (664), Sch 1[22]. |
Sec 45 | Am 2022 No 26, Sch 2.30; 2023 (664), Sch 1[23]–[27]. |
Sec 46 | Am 2023 (664), Sch 1[28]. |
Sec 47 | Am 2023 (664), Sch 1[29]. |
Sec 48 | Am 2023 (664), Sch 1[29]. |
Sec 49 | Am 2022 (99), Sch 1[5] [6]. |
Sec 53 | Am 2023 (664), Sch 1[30]. |
Sec 56 | Am 2023 (664), Sch 1[2]. |
Sec 57 | Am 2023 (83), Sch 2.3[1]; 2023 (664), Sch 1[31]. |
Sec 58 | Am 2023 (609), Sch 2.18[1] [2]. |
Sec 59 | Am 2023 (79), Sch 2[1]. |
Sec 60 | Am 2022 (727), Sch 2[5]. |
Sec 61 | Am 2022 (349), Sch 1[21]; 2025 (512), Sch 1[3]. |
Sec 62 | Rep 2025 (512), Sch 1[4]. |
Sec 63 | Am 2022 (349), Sch 1[22] [23]. |
Sec 64 | Am 2023 (664), Sch 1[2]; 2025 (512), Sch 1[5] [6]. |
Sec 65 | Am 2023 (609), Sch 2.18[1] [2]. |
Sec 66 | Am 2023 (79), Sch 2[2]. |
Sec 66A | Ins 2025 (512), Sch 1[7]. |
Sec 66B | Ins 2025 (512), Sch 1[7]. |
Sec 67 | Am 2024 (135), Sch 1[6]; 2025 (291), Sch 1[3]. |
Sec 68 | Am 2023 (664), Sch 1[32]. |
Sec 69 | Am 2022 (349), Sch 1[24]–[26]; 2025 (291), Sch 1[4]. |
Sec 71 | Rep 2023 (664), Sch 1[33]. |
Sec 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]. |
Sec 73 | Am 2022 (349), Sch 1[27]; 2022 (727), Sch 2[8]; 2023 (664), Sch 1[34] [35]; 2024 (334), Sch 1[4]. |
Sec 74 | Am 2023 (664), Sch 1[36] [37]; 2024 (135), Sch 1[8]; 2025 (291), Sch 1[5]; 2025 (512), Sch 1[8] [9]. |
Sec 75 | Am 2023 (664), Sch 1[38]. |
Sec 79 | Am 2022 (727), Sch 2[9] [10]. |
Sec 80 | Am 2022 (99), Sch 1[8]; 2022 (349), Sch 1[28]. |
Sec 82 | Am 2022 (99), Sch 1[9]; 2022 (349), Sch 1[29]; 2023 (458), Sch 3.3[1] [2]; 2023 (664), Sch 1[39]. |
Sec 84 | Am 2022 (99), Sch 1[10] [11]; 2022 (349), Sch 1[30]; 2023 (664), Sch 1[40]; 2025 (291), Sch 1[6]. |
Sec 85 | Am 2023 (664), Sch 1[41] [42]. |
Sec 86 | Am 2022 (99), Sch 1[12]; 2022 (349), Sch 1[31] [32]. |
Sec 87 | Am 2022 (727), Sch 2[11]; 2024 (135), Sch 1[9]; 2025 (291), Sch 1[7]; 2025 (512), Sch 1[10]. |
Sec 90 | Am 2022 (99), Sch 1[13]; 2022 (727), Sch 2[12]; 2025 (512), Sch 1[11] [12]. |
Sec 91 | Am 2023 (664), Sch 1[43]. |
Chapter 3, Part 5, Div 4, note | Am 2023 (664), Sch 1[44]. |
Sec 93 | Am 2023 (664), Sch 1[45] [46]. |
Sec 95 | Am 2023 (664), Sch 1[47] [48]. |
Sec 96 | Am 2023 (83), Sch 2.3[2]; 2023 (664), Sch 1[49] [50]. |
Sec 97 | Subst 2023 (664), Sch 1[51]. |
Sec 98 | Rep 2023 (664), Sch 1[51]. |
Chapter 3, Part 5, Div 6 | Rep 2023 (664), Sch 1[52]. |
Sec 99 | Rep 2023 (664), Sch 1[52]. |
Sec 100 | Rep 2023 (664), Sch 1[52]. |
Sec 101 | Rep 2023 (664), Sch 1[52]. |
Sec 102 | Rep 2023 (664), Sch 1[52]. |
Sec 103 | Rep 2023 (664), Sch 1[52]. |
Sec 104 | Rep 2023 (664), Sch 1[52]. |
Sec 105 | Rep 2023 (664), Sch 1[52]. |
Sec 106 | Subst 2023 (664), Sch 1[53]. |
Sec 107 | Am 2023 (664), Sch 1[54]. |
Sec 108 | Am 2023 (664), Sch 1[55]–[57]. |
Chapter 3, Part 5, Div 8, heading | Am 2022 (349), Sch 1[33]; 2023 (664), Sch 1[58]. |
Chapter 3, Part 5, Div 8 | Ins 2022 (99), Sch 1[14]. |
Sec 108AA | Ins 2022 (349), Sch 1[34]. Rep 2023 (664), Sch 1[59]. |
Sec 108A | Ins 2022 (99), Sch 1[14]. |
Sec 108B | Ins 2022 (99), Sch 1[14]. Am 2022 (349), Sch 1[35]–[38]. |
Sec 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]. |
Sec 108CA | Ins 2023 (664), Sch 1[60]. |
Sec 108CB | Ins 2023 (664), Sch 1[60]. |
Sec 108D | Ins 2022 (99), Sch 1[14]. Am 2022 (349), Sch 1[41]. |
Sec 108E | Ins 2022 (99), Sch 1[14]. |
Sec 112 | Am 2023 (541), Sch 1[1]–[3]; 2023 (664), Sch 1[61]. |
Sec 113 | Am 2022 (349), Sch 1[42] [43]; 2023 (664), Sch 1[62]. |
Sec 114 | Rep 2023 (541), Sch 1[4]. Ins 2024 (651), Sch 1[1]. Am 2025 (291), Sch 1[8]. |
Chapter 6, Part 3, Div 3 | Rep 2023 (541), Sch 1[4]. |
Sec 116 | Am 2024 (135), Sch 1[10]; 2025 (291), Sch 1[9]. |
Chapter 3, Part 8 | Ins 2021 (714), Sch 8, sec 2 (provisions transferred from State Environmental Planning Policy No 36—Manufactured Home Estates). |
Chapter 3, Part 9 | Ins 2021 (714), Sch 8, sec 3 (provisions transferred from State Environmental Planning Policy No 21—Caravan Parks). |
Sec 129 | Am 2022 (539), Sch 2. |
Chapter 3, Part 10 | Ins 2022 (153), Sch 1. |
Sec 134 | Ins 2022 (153), Sch 1. |
Sec 135 | Ins 2022 (153), Sch 1. Am 2022 (274), Sch 2. |
Chapter 3, Part 11 | Ins 2022 (833), Sch 2[1]. |
Sec 136 | Ins 2022 (833), Sch 2[1]. Am 2023 (609), Sch 2.18[2]; 2023 (664), Sch 1[63]. |
Sec 137 | Ins 2022 (833), Sch 2[1]. |
Sec 138 | Ins 2022 (833), Sch 2[1]. |
Sec 139 | Ins 2022 (833), Sch 2[1]. |
Sec 140 | Ins 2022 (833), Sch 2[1]. |
Sec 141 | Ins 2022 (833), Sch 2[1]. Am 2023 (664), Sch 1[64]. |
Chapter 3, Part 12 | Ins 2024 (274), Sch 1. Rep 2025 (81), Sch 1[2]. |
Sec 141A | Ins 2024 (274), Sch 1. Rep 2025 (81), Sch 1[2]. |
Sec 141B | Ins 2024 (274), Sch 1. Am 2024 (652), Sch 1[2]. Rep 2025 (81), Sch 1[2]. |
Sec 141C | Ins 2024 (274), Sch 1. Rep 2025 (81), Sch 1[2]. |
Chapter 3, Part 13, heading | Ins 2024 (651), Sch 1[2]. Am 2025 (291), Sch 1[10]. |
Chapter 3, Part 13 | Ins 2024 (651), Sch 1[2]. |
Sec 141D | Ins 2024 (651), Sch 1[2]. Am 2025 (291), Sch 1[11]–[14]; 2025 (512), Sch 1[13]–[21]. |
Sec 141E | Ins 2024 (651), Sch 1[2]. |
Sec 141F | Ins 2024 (651), Sch 1[2]. Subst 2025 (512), Sch 1[22]. |
Sec 141G | Ins 2024 (651), Sch 1[2]. |
Sec 141H | Ins 2024 (651), Sch 1[2]. Am 2025 (291), Sch 1[15] [16]. |
Sec 141I | Ins 2024 (651), Sch 1[2]. |
Sec 141J | Ins 2024 (651), Sch 1[2]. Am 2025 (291), Sch 1[17]. |
Sec 141K | Ins 2024 (651), Sch 1[2]. |
Sec 141L | Ins 2024 (651), Sch 1[2]. |
Chapter 3, Part 14 | Ins 2024 (652), Sch 1[3]. |
Chapter 3, Part 14, Div 1 | Ins 2024 (652), Sch 1[3]. |
Sec 141M | Ins 2024 (652), Sch 1[3]. Am 2025 (291), Sch 1[18]. |
Sec 141N | Ins 2024 (652), Sch 1[3]. |
Sec 141O | Ins 2024 (652), Sch 1[3]. Am 2025 (291), Sch 1[19] [20]. |
Sec 141P | Ins 2024 (652), Sch 1[3]. Am 2025 (291), Sch 1[21]. |
Chapter 3, Part 14, Div 2 | Ins 2024 (652), Sch 1[3]. |
Sec 141Q | Ins 2024 (652), Sch 1[3]. Am 2025 (291), Sch 1[22] [23]. |
Chapter 3, Part 14, Div 3 | Ins 2024 (652), Sch 1[3]. |
Sec 141R | Ins 2024 (652), Sch 1[3]. |
Sec 141S | Ins 2024 (652), Sch 1[3]. |
Sec 141T | Ins 2024 (652), Sch 1[3]. |
Chapter 4 | Ins 2023 (664), Sch 1[65]. |
Sec 142 | Ins 2023 (664), Sch 1[65]. |
Sec 143 | Ins 2023 (664), Sch 1[65]. |
Sec 144 | Ins 2023 (664), Sch 1[65]. Am 2024 (135), Sch 1[11]; 2025 (291), Sch 1[24]. |
Sec 145 | Ins 2023 (664), Sch 1[65]. |
Sec 146 | Ins 2023 (664), Sch 1[65]. |
Sec 147 | Ins 2023 (664), Sch 1[65]. |
Sec 148 | Ins 2023 (664), Sch 1[65]. |
Sec 149 | Ins 2023 (664), Sch 1[65]. |
Chapter 5 | Ins 2024 (135), Sch 1[12]. |
Sec 150 | Ins 2024 (135), Sch 1[12]. Am 2024 (652), Sch 1[4]. |
Sec 151 | Ins 2024 (135), Sch 1[12]. |
Sec 152 | Ins 2024 (135), Sch 1[12]. Am 2025 (291), Sch 1[25]. |
Sec 153 | Ins 2024 (135), Sch 1[12]. |
Sec 154 | Ins 2024 (135), Sch 1[12]. |
Sec 155 | Ins 2024 (135), Sch 1[12]. Am 2024 (652), Sch 1[5] [6]. |
Sec 156 | Ins 2024 (135), Sch 1[12]. Am 2024 (652), Sch 1[7]. |
Sec 157 | Ins 2024 (135), Sch 1[12]. |
Sec 158 | Ins 2024 (135), Sch 1[12]. |
Sec 159 | Ins 2024 (135), Sch 1[12]. Am 2024 (652), Sch 1[7]. |
Sec 160 | Ins 2024 (135), Sch 1[12]. Am 2024 (652), Sch 1[8]–[10]. |
Sec 161 | Ins 2024 (135), Sch 1[12]. Am 2024 (652), Sch 1[7]. |
Chapter 6 | Ins 2025 (81), Sch 1[3]. |
Chapter 6, Part 1 | Ins 2025 (81), Sch 1[3]. |
Sec 162 | Ins 2025 (81), Sch 1[3]. |
Sec 163 | Ins 2025 (81), Sch 1[3]. Am 2025 (597), Sch 11[1]; 2025 (619), Sch 2[1]. |
Sec 164 | Ins 2025 (81), Sch 1[3]. Am 2025 (291), Sch 1[26]; 2025 (619), Sch 2[2] [3]. |
Sec 165 | Ins 2025 (81), Sch 1[3]. |
Chapter 6, Part 2 | Ins 2025 (81), Sch 1[3]. |
Chapter 6, Part 2, Div 1 | Ins 2025 (81), Sch 1[3]. |
Sec 166 | Ins 2025 (81), Sch 1[3]. |
Sec 167 | Ins 2025 (81), Sch 1[3]. |
Chapter 6, Part 2, Div 2 | Ins 2025 (81), Sch 1[3]. |
Sec 168 | Ins 2025 (81), Sch 1[3]. |
Sec 169 | Ins 2025 (81), Sch 1[3]. Am 2025 (597), Sch 11[2]. |
Chapter 6, Part 3 | Ins 2025 (81), Sch 1[3]. |
Chapter 6, Part 3, Div 1 | Ins 2025 (81), Sch 1[3]. |
Sec 170 | Ins 2025 (81), Sch 1[3]. |
Sec 171 | Ins 2025 (81), Sch 1[3]. |
Chapter 6, Part 3, Div 2 | Ins 2025 (81), Sch 1[3]. |
Sec 172 | Ins 2025 (81), Sch 1[3]. |
Sec 173 | Ins 2025 (81), Sch 1[3]. Am 2025 (597), Sch 11[3]. |
Chapter 6, Part 4 | Ins 2025 (81), Sch 1[3]. |
Chapter 6, Part 4, Div 1 | Ins 2025 (81), Sch 1[3]. |
Sec 174 | Ins 2025 (81), Sch 1[3]. |
Sec 175 | Ins 2025 (81), Sch 1[3]. Am 2025 (291), Sch 1[27]. |
Sec 176 | Ins 2025 (81), Sch 1[3]. Am 2025 (291), Sch 1[28]. |
Sec 177 | Ins 2025 (81), Sch 1[3]. |
Sec 178
Ins 2025 (81), Sch 1[3].
Chapter 6, Part 4, Div 2
Ins 2025 (81), Sch 1[3].
Sec 179
Ins 2025 (81), Sch 1[3].
Sec 180
Ins 2025 (81), Sch 1[3].
Sch 1
Am 2022 (349), Sch 1[44] [45]; 2022 (451), Sch 1[4]–[6].
Sch 2
Am 2022 (451), Sch 1[7]; 2023 (664), Sch 1[2]; 2024 (594), Sch 3[2]; 2025 (512), Sch 1[23]–[34].
Sch 2A
Ins 2024 (652), Sch 1[11]. Am 2025 (158), Sch 1[1]–[3].
Sch 3
Am 2022 (349), Sch 1[46]; 2023 (664), Sch 1[66].
Sch 4
Ins 2021 (714), Sch 8, sec 1 (provisions transferred from State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004). Am 2023 (83), Sch 2.3[3]; 2023 (664), Sch 1[67]–[70].
Sch 6
Am 2023 (609), Sch 2.18[3].
Sch 7, heading
Am 2022 (99), Sch 1[15].
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].
Sch 8
Rep 2021 (714), Sch 8, sec 5. Ins 2023 (664), Sch 1[72].
Sch 9
Rep 2022 (349), Sch 1[47]. Ins 2023 (664), Sch 1[72].
Sch 10 (previously Dictionary)
Am 2022 (99), Sch 1[23] [24]; 2022 (349), Sch 1[48]; 2023 (83), Sch 2.3[5]; 2023 (609), Sch 2.18[2] [6]; 2023 (664), Sch 1[74] [75]. Renumbered 2023 (664), Sch 1[73]. Am 2024 (135), Sch 1[14] [15]; 2024 (594), Sch 2[5]; 2024 (652), Sch 1[12]; 2025 (81), Sch 1[4]; 2025 (105), Sch 1[2]; 2025 (512), Sch 1[35].
Sch 10 (as originally notified)
Rep 2022 (349), Sch 1[47].
Sch 11
Rep 2022 (349), Sch 1[47]. Ins 2025 (81), Sch 1[5].
Sch 12
Ins 2025 (81), Sch 1[5].
Dictionary
Am 2022 (99), Sch 1[23] [24]; 2022 (349), Sch 1[48]; 2023 (83), Sch 2.3[5]; 2023 (609), Sch 2.18[2] [6]. Renumbered as Sch 10, 2023 (664), Sch 1[73].
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